The point of the Library issue

“The Illinois Open Meetings Act is designed to prohibit secret deliberations and action on matters which, due to their potential impact on the public, properly should be discussed in a public forum.”

— Attorney General Lisa Madigan’s Guide to the Illinois Open Meetings Act

That’s the point of my involvement in the public review of the matters concerning the DeKalb Public Library’s purchase of property and plans to build a new library.  Until the Daily Chronicle and this website reported on possible violations of the Open Meetings Act those matters were being decided in secret. The impact on the public begins at a $1.6 million (property purchase) price tag which could include several million more public dollars in demolition costs and many more millions of borrowed public dollars to build a new library — perhaps as part of a government center.

Is this not the very thing the Illinois Open Meetings Act is designed to prohibit? Am I missing something? Is there an *asterick* somewhere that says the Illinois Open Meetings Act does not apply to a library with a volunteer board of really good people if its a really good project?

Much of that $1.6 million used to purchase the property comes from increases in the Library’s tax levy. Meetings concerning the tax levy in 2007, 2008 and 2009 were part of special meetings that were held in closed session. The Library Board voted to not release the minutes of those meetings to the public. In an email to Phil Lenzini (attorney) on January 7, 2010, Dee Coover (library director) wrote that the “tax levy was based on a $2 million total cost […]” See pages 16-18 of this PDF of email exchanges.

If the DeKalb Public Library Board approved their tax levies in violation of the Open Meetings Act which denied the public’s right to know why increases were necessary — and how monies would be spent — should they be made to abate that $2 million to the taxpayers?

Please use the comment form here or contact me elsewhere with your thoughts on this matter. I’m deciding what direction to take. Any action I do take is as a member of the public under the rights afforded any citizen.

One of those rights was to ask the Illinois Attorney General to review such possible violations. I did. The DeKalb County State’s Attorney, John Farrell, requested the AG office to stop their pursuit of the matter because he was taking civil action. They did.

Mr. Farrell’s investigation/actions did not take my concerns into consideration. His efforts were limited to the publishing of a single closed session meeting (May 12, 2010) and the vote to purchase the property taken at that meeting. I have many more concerns that go unanswered should I accept the consent decree issued by Judge Kurt Klein. Those concerns are of significant impact on the public.

That consent decree may be setting important legal precedence without regard to the law or circumstances but instead based on the fact that the DeKalb Public Library Board are good people who serve as volunteers. (See Judge Klein’s comments). The vote taken in closed session was on a $1.8 million property purchase. The Daily Chronicle and I both questioned the legality of that vote and it is left unanswered.

The agenda for the public meeting held August 11, 2010 did not allow public input/comments until after the purchase was re-approved in open session. Because of Mr. Farrell’s actions I was preempted from asking if the tax levy monies used to purchase the property were obtained legally.