AG: Dolton SD-149 Held Improper Emergency Meeting – No Emergency Existed –

Calumet City, Ill. (ECWd) –

As we previously alleged:

The Illinois Attorney General’s Public Access Counselor (“PAC”) issued a determination letter affirming that the Dolton School District #149 held an improper emergency meeting, and held it electronically, on November 29, 2022 when there was no bona fide emergency.

The Del Galdo Law Group sent several “excuses” to the PAC, none of them were valid.

From the PAC’s determination:

• This office’s review of the agendas and minutes on the District’s website found that the Board had switched back and forth between Zoom and in-person meetings in recent months. The meeting materials indicate that the Board met remotely on October 27, 2022, November 29, 2022, and December 14, 2022, but met in person on October 11, 2022, November 3, 2022, and November 16, 2022. This oscillation could be inferred to support the allegation that the Board chose meeting in person versus meeting remotely on the basis of convenience or other considerations than the practicality and prudence of meeting under the conditions of the COVID-19 pandemic. On the other hand, the family gatherings and other group settings in which the Thanksgiving holiday is typically celebrated were a particular factor to consider in deciding how to hold the November 29, 2022, meeting. While there is insufficient evidence from which this office could conclude that the Board President failed to make the necessary finding of impracticality or imprudence due to COVID-19 under section 7(e)(2), this office reminds the Board that its decision on meeting remotely or in person must be necessitated by the impact of the public health emergency rather than any other factors.
• This office did not receive facts as to the extent to which any relevant applicant(s) were unavailable at other times either. The vague assertions concerning scheduling issues provide an insufficient basis for this office to conclude that the Board had a bona fide emergency as cause for an emergency meeting on November 29, 2022.

Read the Determination letter below: