Mayor Accuses Four Trustees of Violating Illinois Open Meetings Act

Mayor Suzanne Branding alleged, at Monday night's Village Board meeting, that four trustees have repeatedly violated the Illinois Open Meetings Act.

Trustees Jeff Halen, Rich Sustich, Jonathan Sprawka and Tom Poynton have met outside of village board meetings and discussed village business, according to Branding. 

“I am requesting that Trustees Poynton, Sustich, Sprawka and Halen comply with the open meetings act, stop meeting as a group and stop issuing memorandums,” said Branding. 

Branding said she has directed staff to forward any further communications and directives from the named trustees to Village Administrator Bob Vitas.

Since there are seven people on the board, four members is a majority and a quorum is three, said Branding.  

“A meeting is defined as any gathering of a majority of a quorum,” said Branding. “That means no more than two members of the village board may discuss village business at one time outside of a public meeting.”

The trustees have sent (electronic) joint memoranda to the remainder of the board as well as Vitas and other staff, she said.

Meeting' means any gathering of a majority of a quorum of the members of a public body held for the purpose of discussing public business, according to the Guide to the Illinois Open Meetings Act. The definition is a three part one. It requires that there be 1) a gathering 2) of a majority of a quorum 3) to discuss public business. The term "gathering" includes in-person, telephonic and electronic assemblages.

Violation of the Act is a criminal offense, a Class C misdemeanor, punishable by a fine of up to $1,500 and imprisonment for up to 30 days, according to the guide.

“These memoranda contain the four trustees’ interpretation and status of (some) issues from the previous village board meetings; some memoranda issue directives to the staff and the village administrator,” said Branding.

Branding said these types of communications have occurred after the past five village board meetings, and that they differ from the official meeting minutes.

She added that they are evidence that the four have met as a group and discussed village issues, thus violating the Open Meetings Act.

“I am very offended that you would take this avenue; I want residents to know it is unfair to the board and undermining the board, and I think you owe this board an apology,” said Halen.

Later in the meeting, Branding told Halen if she was wrong she would give him an apology.

“At two or three board meeting executive sessions, I even came out and stated that we have to be careful about chaining e-mails,” said Jim Johnson, trustee.

“We have received letters from our attorneys as well as training; what else do we need?” Johnson asked.

“Let’s be fair, everyone on this board is doing this,” said Halen.

“It is a meeting when you discuss public issues, the public should be invited to your four people sessions, if I need to sign the letter she (Branding) is sending, I will; enough is enough,” said Dana Rzeznik, trustee.

Trustee Sustich said there is a valid reason for the communications.

“The genesis of this as a practical matter is that the minutes of our meeting don’t come out (aren’t available) until two weeks after the meeting; (the communications) express what we understood as follow-ups coming from the meeting,” said Sustich.

“Looking at the most recent e-mail from the four (trustees), those are not summaries of the meeting, they are pure opinion,” said Johnson. 

Sprawka and Poynton did not respond to the charges.

Branding said she discussed the issue with village attorney Ruth Schlossberg, and that Schlossberg had spoken with trustees about complying with the open meetings act.

Halen disputed that claim, and stated he had never been contacted regarding possible violations of the open meeting act.

“I am obligated to see that the laws and ordinances are respected; I am left with no other choice but to report these activities to the Lake County State’s Attorney’s office,” said Branding.  

Branding said she will be reporting the alleged violations by close of business today.