Boone County panel probed for possible Open Meetings Act violation - News - Rockford Register Star - Rockford, IL

To read earlier postings on this subject see:  http://boonecountywatchdog.blogspot.com/2015/02/did-boone-countys-ad-hoc-committee.html or to see BCJ’s editorial go to:  http://boonecountywatchdog.blogspot.com/2015/02/bcj-editorial-on-boone-county-ad-hoc.html

By Ben Stanley
Rockford Register Star
Posted Feb. 26, 2015 at 12:06 PM
Updated Feb 26, 2015 at 8:22 PM

BELVIDERE — The Illinois attorney general's office is investigating an ad hoc committee in Boone County for possible violation of the Open Meetings Act.

The Boarding and Breeding Ordinance Advisory Committee, which is reviewing possible changes to regulations governing boarding and breeding kennels, secretly met Jan. 14 under instructions from a County Board member.

"Please remember this is an advisory ad hoc committee, which means we do not have to post public agendas or open our meeting up for the public to attend," Boone County Board member Denny Ellingson wrote in a Jan. 7 email, which the Rockford Register Star obtained through a Freedom of Information Act request.

"Please do not tell others about where or when these meetings are set for, so that we can meet without interference. When we get our work done, the public will get a chance to review our thoughts and decisions as our proposed ordinances will back through the ZSA and the PZB before the County Board gets a chance to adopt them."

The meeting was carried out behind closed doors. The Open Meetings Act says citizens have the right to attend the meetings of public legislative, executive, administrative and advisory bodies and should be given advance notice of those meetings.

Boone County State's Attorney Michelle Courier said it's unclear whether the committee falls under the regulation of the Open Meetings Act.

"It’s a gray area as to whether or not they should be subject to it," she said. "This is not the County Board members (meeting) or members that were entirely appointed by the County Board."

The committee has seven members — a veterinarian, two animal-welfare advocates, two community residents, one breeder and one kennel operator — and only one, Ellingson, is an elected official. Committee members joined at the request of County Board Chairman Bob Walberg, which further blurs the lines.

For the committee to have violated the Open Meetings Act, the attorney general's office would have to determine that the committee qualifies as a "public body," which state statute defines as "all legislative, executive, administrative or advisory bodies of the state, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this state, and any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue."

Courier received complaints after the meeting that an Open Meetings violation may have occurred. She said Ellingson didn't ask her for legal advice before the meeting convened. "So it was my recommendation (to the committee) simply to publish the agenda, and they’ve been doing it since."

If the committee is found in violation, the attorney general's office can issue either an informal opinion, which is a nonbinding recommendation to correct practices, or a formal opinion, which could include fines and other punishments.  ….

- Read  more by going to: http://www.rrstar.com/article/20150226/NEWS/150229528/0/SEARCH#sthash.7V6HGoJl.dpuf