October 15, 2009

Say What?



Item #1

PRU readers may recall our recent post -- Playing Dress-up -- about the recently held Park Ridge Niles School District 64 Administration and School Board meeting retreat.

The Crew gave the D64 Administration and Board a hard time about taking half of their meeting retreat and holding it out of town, at taxpayer expense. The Crew was only a bit bothered by the lack of consideration for how and where the D64 Administration and Board were choosing to spend taxpayer dollars.

And as a follow-up to our post, we wanted to see what occurred at each half of the meeting retreat. Below are links to the meeting retreat minutes.

--
Glen Club retreat minutes(.pdf)

-- Emerson retreat minutes (.pdf)

The PRU Crew is a lot more than a bit bothered by what we read on page 3, item 2 (Operating Principle 2: Open Communication), bullet point 4 (of the Emerson retreat minutes) which says --

• Information required by statute to be discussed in closed session and so discussed will remain confidential.
Say what? What statute? Where? The School Board members actually adopted that bullshit as one of their Operating Principles?

The only statute the PRU Crew is aware of, governing open meetings of public bodies, is the
Illinois Open Meetings Act (.pdf). On page 9 of the Illinois Attorney General's guide to the act we read there are exceptions to the requirement of holding open meetings --

Exceptions: Twenty-four exceptions authorizing the closing of meetings are set forth at5 ILCS 120/2(c). Consistent with the public policy of the Act, the exceptions relate to protecting public interests and safeguarding personal privacy. The exceptions "are in derogation of the requirement that public bodies meet in the open, and therefore, the exceptions are to be strictly construed, extending only to subjects clearly within their scope." 5 ILCS 120/2(b). "The exceptions authorize but do not require the holding of a closed meeting to discuss a subject included within an enumerated exception." 5 ILCS 120/2(b).


So essentially, there are NOT any statutes which "require" information to be discussed in closed session, nor is anything discussed in closed session required by statute to remain confidential, at least none that we know of.

We get the distinct impression the meeting retreat facilitator, Dr. James Warren, wasn't worth a bent quarter and we hope the D64 Administration and Board didn't pay much more than that for this guy's time.


But if Dr. James Warren or Superintendent Sally Pryor or Board President John Heyde, or any other person would like to correct our understanding of the open meetings act, we are all ears!



Item(s) #2

For those of you interested, below are the videos from last night's Flood Control Task Force -- we found some of the conversation very interesting.

video #00000.MTS -- FCTF 10-14-09


video #00001.MTS -- FCTF 10-14-09

11 comments:

Anonymous said...

I thought we all learned this lesson when Frimark got the aldermen to condemn Schmidt. Looks like some people weren't paying attention to what was going on.

Aren't there two lawyers on the School Board? WTF?

Anonymous said...

This is just a symptom of what is wrong with the schools. The administrators want to keep their business hush hush and the board that is supposed to look over them doesn't know any better. Does anyone wonder why they continue to spend spend spend?

Anonymous said...

PRU, maybe you were only a little miffed at this meeting being held at a golf club out of town, but I thought it was terrible.

Now I read the board doesn't seem to have a good grasp of the law. This just keeps getting better and better.

dave kovic said...

Mr. Heyde (according to his bio on the Sidley Austin LLP website) is a magna cum laude graduate of Harvard University and a "high honors" graduate of the University of Chicago Law School, one of the top law schools in the country, working for one of the most prestigious law firms in the country.

With those credentials, I cannot believe that he doesn't know - or can't learn - the Illinois Open Meetings Act regulations on closed sessions; i.e., while meetings discussing certain topics MAY be closed to the public, there is no requirement that they MUST be closed. And there is nothing SECRET about anything discussed in those meetings.

So, if Mr. Heyde, the board president, is tolerating (and even endorsing) this kind of misrepresentation of IOMA, it can't be because he doesn't, or shouldn't, know better.

And the same goes for the other attorney on the D-64 board, Pasquale Fioretto.

You have to wonder what goes on in these closed sessions to make the elected officials love them so much and what to treat them with such secrecy. By any chance are closed sessions "clothing optional"?

John Heyde said...

Hello, everyone. Since PRU asked why a statute might require discussion in a closed session, I thought I'd answer briefly. I agree that the Open Meetings Act does not require any discussions to be held in closed session. (And the quoted operating principle does not say that it does.) However, I believe that other statutes do impose privacy restrictions. For example, if the board of education were discussing the performance of a specific employee or the discipline of a student, those discussions must be private. That is what the operating principle refers to. Since I don't monitor PRU's comments regularly, if anyone has any questions or wants to forward an opinion to me, please feel free to e-mail me at jheyde@d64board.org. I hope this clears up any confusion. -- John Heyde

ParkRidgeUnderground said...

Mr. Heyde --

Clear as mud. Thanks for your response.

And if you find some extra time on your hands, would you mind terribly much citing the statutes you are referring to?

Thanks again.

Anonymous said...

so for a WEEKEND they discussed matters that were not open to the public? all weekend they talked about performance evaluations and student discipline?

how stupid do you think we are? do you even buy what you are selling?

ParkRidgeUnderground said...

Anon@7:09 --

Slow down and get back on the road. You're incorrect. Both meetings were open to the public.

Anonymous said...

Can someone tell me how many people attended the open meetings? I will admit up front I did not. I am all for open meetings and government transparency but I am guessing that most of the poeple screaming about meeting locations did not attend either. It is kind of like the televising/video taping of PR government meetings. How many people actually view the videos? We get what we deserve.

Anonymous said...

PRU or anyone,

Did you email Mr. Heyde and ask him your question? I'm curious to know the answer.

ParkRidgeUnderground said...

Anon@3:42 --

Mr. Heyde should be aware of our question as he visited our blog after we posted it, or so says our meter.