AG: Wesley Township Clerk’s appointment violated the Open Meetings Act –

Wesley Township (ECWd) –

The Attorney General’s Public Access Counselor (“PAC”) issued a determination letter stating that during its July 26, 2018 Township Trustee meeting, Wesley Township violated Section 2(e) of the Open Meetings Act when it voted to appoint “Candidate A” as Township Clerk without notifying the public of the name of the candidate prior to the vote.

The Motion presented for a vote, was to “appoint candidate A” without actually naming the person who was “candidate A.”

The Open Meetings Act requires, prior to any vote, that the public body provide sufficient information to t he public as to the action to be voted on. There is no person whose name is Candidate A.

It was not until after the vote when the Supervisor informed the public of the actual name of the person appointed.

In its determination letter, the PAC cited Allen v. Clark County Park District Board of Commissioners, 2016 IL App (4th) (2016) (yes, that was the decision our Appellate Court ruled unanimously in our favor over the Park District) where the Court stated that Section 2(e) of the Open Meetings Act required a public body to provide enough information to the public, prior to any vote, of the action they are voting on. This does not mean a complete recital, but merely a recital of key points – in Wesley Township’s case, the name of the person they intended on voting in as Township Clerk.
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[documentcloud url=”http://www.documentcloud.org/documents/6190035-WESLEY-TWP-53766-O-2e-Pub-Recital-Improper-Mun.html” responsive=true]

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