• Home
  • FAQ
  • About Us
    • Leadership >
      • Ben Silver
    • Summer Interns 2020
    • Founder
    • Board of Directors
    • Advisory Council
    • Young Professionals
    • Citizen Initiative Awards
  • Projects
    • CAC News
    • NEW Survey of Government Regulations on Public Assembly in DuPage Municipalities
    • NEW Sexual Harassment Policy Survey
    • Answering Questions of Public Concern
    • Civic Empowerment Zone
    • Journalism & Citizen Open Government Trainings
    • Good Government Research Studies
    • Midwest Open Government Project
    • Monitoring Government Activity >
      • General Assembly Tracker
    • Public Access Counselor Determination Letter Index
    • Right to Speak Report
  • Library
    • Publications >
      • Citizen Guides
      • Newsletters
      • e-Newsletters
      • Law Review Articles
      • Impact Report 2017
      • Annual Reports & Tax Forms
    • Civic Ed Lesson Plans >
      • Election Lesson Plans
    • CAC News >
      • CAC in the News
      • Press Releases
      • Letters to the Editor
  • Events
  • Get Involved
    • Take Action
    • Volunteer Opportunities
    • Internship Opportunities
    • YPLC Application
    • Legal Disclaimer
    • Privacy Policy
  • CAC Blog
  • Donate
  • Summer Interns 2020
    • Summer Interns 2020
Citizen Advocacy Center

Time limit on OMA violations - NW Herald Article

7/18/2013

 

State office rules it can't review D-46 minutes
Advocate: 60-day window on closed sessions 'defies common sense'

By EMILY K. COLEMAN - ecoleman@shawmedia.com
http://www.nwherald.com/2013/07/15/state-office-rules-it-cant-review-d-46-minutes/amccmdp/

PRAIRIE GROVE – A time limit on when the public can challenge what a public entity does behind closed doors “just defies common sense,” an open government advocate said.

The Illinois Open Meetings Act lays out what governmental boards are allowed – and not allowed – to talk about in closed session, and the law gives residents 60 days from when a possible violation occurs to file a request for review with the Attorney General’s Office.

The Northwest Herald submitted a request for review after receiving minutes from closed-session meetings of the Prairie Grove District 46 school board, but last week, the Attorney General’s Office responded, saying it did not have the authority to review any potential violations because of the 60-day time limit.

The board met nine times behind closed doors from Nov. 13 to April 23, and the minutes for six of those closed sessions were released at a board meeting in June.

Based on the minutes, it appears that the school board possibly discussed what should have been public policy decisions, including the reorganization of district positions and changes in the junior high’s master schedule in light of declining enrollment and teacher retirements.

The minutes were reviewed by the district’s attorney before being released, and no questions or concerns were raised, Superintendent Lynette Zimmer said in an email after the release.       

Public bodies have to review minutes from closed sessions for release twice a year, and because those release dates mean minutes aren’t always released within that 60-day time period, it can “sometimes be very frustrating,” said Don Craven, an attorney for the Illinois Press Association.

“Unless you have someone on the inside who blows the whistle, it’s not very helpful,” said Maryam Judar, the executive director of the Citizen Advocacy Center, adding that the time limit is “very problematic” because residents often don’t find out a violation occurred until long after the meeting happened.

The Citizen Advocacy Center helps residents file record requests under the Freedom of Information Act and challenge governments when they deny those requests or violate the Open Meetings Act.

Judar would like to see the law changed either to remove the cap or, if a cap needs to be put in place, start the clock from when discovery happens.

The Illinois Press Association has raised the issue, Craven said, adding that there is also a need for finality for public bodies.

“That [the review of closed-session minutes] happens every six months, and you’re now eight months out from the day of the decision,” he said. “You’re then going to go back and start things all over again? That is very difficult for a public body.”

Copyright © 2013 Northwest Herald. All rights reserved.


Comments are closed.

    RSS Feed

    Archives

    January 2021
    December 2020
    April 2020
    May 2016
    February 2016
    January 2016
    December 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    March 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    May 2012
    March 2012
    December 2011

    Categories

    All
    Andrea Alvarez
    CAC In The News
    Campaign Finance
    Chicago
    Citizen Advocacy Center
    Civic Education
    Civic Education
    Economic Development
    Elections
    Elmhurst
    Ethics/Corruption
    Events
    First Amendment
    First Amendment
    Freedom Of Information FOIA
    Freedom Of Information - FOIA
    Home Rule
    Illinois Legislation
    Intern Program
    Letter To The Editor
    Letter To The Editor
    Maryam Judar
    Open Meetings Act
    Redistricting
    Terry Pastika
    TIF
    Transparency & Accountability
    Voting / Election
    Whistleblower
    Zoning & Land Use

Citizen Advocacy Center      188 Industrial Dr Ste 106      Elmhurst, IL 60126-1600            Phone: (630) 833-4080         Fax: (630) 833-4083
​ ​© 2019 All Rights Reserved.        PRIVACY POLICY        LEGAL DISCLAIMER        CONTACT A COMMUNITY LAWYER
DONATE