Thoman’s FOIA request denied
My FOIA request was denied under Section 7 (m) of the FOIA which exempts from disclosure minutes of meetings closed to the public until the Board of Education makes the minutes available to the public under section 2.06 of the Illinois Open Meetings Act.
2.06 allows for said meeting minutes to be approved, but not necessarily made public.
I filed an appeal as directed to Julia Beckman, President of SB99.
Mark Thoman
1109 61st Street
Downers Gove, IL 60516Ms. Julia Beckman
President SB99
Administrative Service Center
6301 Springside Avenue
Downers Grove, IL 60516-2489Dear Ms. Beckman,
On May 3, 2009, I requested verbatim minutes of the CHSD99 Board of Education meeting Closed Session held April 27th, 2009 under the Freedom of Information Act. This letter was stamped as received May 5th, 2009.
On May 15, 2009 I received a response to my request in a letter signed by Mark Staehlin, District Controller, dated May 14, 2009 denying my request. As directed, I am appealing the denial
of my request.I believe the information requested should be disclosed under the FOIA for the following reasons:
1) The Closed Session did not discuss what was cited as reason for the Closed Session. The board meeting minutes say:
“Member Pavesich moved and Member Schroeder seconded that the meeting be adjourned to closed session for the purpose of the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the District or legal counsel for the District, including hearing testimony on a complaint lodged against an employee or against legal counsel for the District to determine its validity. 5 ILCS 120/2(c)(1), as amended by P.A. 93-0057, and collective negotiating matters between the District and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 5 ILCS 120/2(c)(2).
Upon the Secretary’s roll call, Members Pavesich, Schroeder, Barnett, McCarthy, and Beckman voted AYE. Member Lemke voted NO. The President declared the motion carried.”
Upon reconvening:
“President Beckman announced that the Board had been meeting in closed session to discuss the relationship of the nepotism policy to certain employees and collective bargaining matters and that no action will be taken.”
This is not what was cited as the reason for going to Closed Session. Illinois Attorney General, Lisa Madigan, is very clear that exceptions to the OMA are strictly construed:
Discussion in a closed meeting under an exception to the Act must be limited in scope to the cited exception authorizing the closed meeting. 5 ILCS 120/2, 2a; 1969 Ill. Att’y Gen. Op. 131.
2) The Closed Session appears to be a violation of the Illinois Open Meetings Act. I believe this to be an unintentional mistake that you would be eager to remedy. The intent of the Illinois Open Meetings Act is to ensure that public business is conducted in public view by prohibiting secret deliberations and actions on matters that should be discussed in a public forum. Closed Session discussion of public policy, specifically 2.100 Nepotism, and how it relates to certain employees, was neither cited as a reason for the closed session, nor is it allowed as a specific exemption for a Closed Session (5 ILCS 120/2(c)). What you stated as the content of the Closed Session does not meet any of the specifics listed. Any discussion of public policy in Closed Session is specifically prohibited by the Open Meetings Act.3) The request denial under Section 7(m) of the Freedom of Information Act is incorrect and does not apply in this instance, since the matter discussed was neither what was cited as reason for the closed session, nor allowed as a reason under the Illinois Open Meetings Act.
I believe my initial request remains valid, and it is my hope, in the interest of open and honest government an in light of your recently taken vow as an elected official to best serve the community, that you will agree to my original request, agree to this appeal, and allow arrangements for the Closed Session minutes to be made public. I have included copies of the original request and the denial for your convenience.
Thank you for your consideration of this appeal.
Sincerely,
Mark Thoman
My interaction with Ms. Beckman to date has been little, but what few times we have spoken she has been cordial and our conversations I would regard as friendly and polite, so I have hopes the response will be positive.
I will update on any response I get.
