Was the February 17 secret Illinois Senate meeting on the state budget illegal?

Original Letter:
From Adam Andrzejewski
Former Republican Gubernatorial Candidate and For The Good Of Illinois, Founder

Attorney General Lisa Madigan Punts on Important Transparency Issue

On February 17th , 2010, for the first time in Illinois history, the Illinois Senate met in a secret budget meeting defined as a “joint caucus”. The Chicago Tribune editorial board used the term “probably illegal” to describe the meeting.

“The Illinois Senate used the statehouse as their personal private meeting hall, abusing the state constitution, the open meetings act, and the spirit of open and transparent Government. Discussing the severity of and solutions to the Illinois budget crisis, a topic that is negatively impacting every Illinois citizen and business, the Senate Sergeant at Arms held order and barred entry to the press under threat of arrest,” Andrzejewski related. “The people of Illinois pay for the lights, heat, building, and the salaries of the every state employee and legislator; yet, the people of Illinois were locked out of the discussion.”

Responding to Andrzejewski’s “Request for Review”, Attorney General Lisa Madigan’s office rendered her opinion today. Here is what she said:

It’s ironic that the self-described “Champion” of transparency is of no legal assistance on this issue. The Attorney General’s office basically says:

1. Because of politics, we are not going on the record on the substance of this issue

2. If the Legislature invents a type of “meeting” not defined by statue or in the Constitution, they can do what they want in that meeting, and

3. In order to get any finding of a violation of the spirit or letter of Illinois laws, you need to file a law suit and hope that the court finds in favor of transparency.

“This is merely another example of how Illinois’ political class abuses the laws, and citizenry, of Illinois. Why bother having a Freedom of Information Act, an Open Meetings Act, or even a Constitution, if the Legislature can operate outside any rules with impunity?” asked Andrzejewski.
The un-enforceable Illinois Constitution, along with the amorphous laws passed underneath it, deprive the citizens of their putative right to see the workings of their government. This is by design, not by accident, as Lisa Madigan’s actions indicate.
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