Open Meetings Act Violations
Open Meetings Act
Public bodies that have a website must post the agenda of any regular meetings of the governing body at least 48 hours prior to said meeting (5 ILCS 120).
The County changed the Agenda Brief for the Auditor Referendum for the August 11, 2022 Peoria County Board Agenda Packet and posted it on August 11, 2022 – 12:54 pm without marking it as revised.
Supporting Evidence
Initial Posting of August 11, 2022 Peoria County Board Agenda Packet
Available on August 6, 2022, well within the 48 hours prior to said meeting requirement, the August 11, 2022 Agenda Packet was posted to the County’s Agenda Center. It contained the Executive Committee Agenda Brief with the Auditor Referendum Ballot Language, “Shall Peoria County eliminate the office of the internal County Auditor, effective December 1, 2024, because Peoria County already has an external auditor as required by state law?”
Initial Posting Link – Disabled
The August 6, 2022 link of the above document has been disabled and is no longer able to be accessed.
County Clerk’s Office Sends Out Agenda Packet
On August 10th, the County Clerk’s Office sends out August 11, 2022 County Board Meeting Agenda Packet.
County Administrator to Staff - Change Auditor Agenda Brief
The County Administrator sends ‘High’ Importance email to staff member on August 11, 2022 at12:34 pm.
“The agenda brief does not match the resolution related to the exact ballot language. Please insert this agenda brief into the packet in place of the version that came out of committee.”
Revised County Board Agenda Packet Posted to Website
The Peoria County Agenda Center website shows two agendas with what appears to be the same Agenda Packet. Only one (_08112022-1259 (peoriacounty.gov) ) has a date stamp – “Posted Aug 11, 2022 12:52 PM” and the other is found at https://www.peoriacounty.gov/AgendaCenter/ViewFile/ArchivedAgenda/_08112022-676.
Staff to County Administrator – Board Packet Revised on Website
Staff tells County Administrator on August 11, 2022 at 3:34 pm. “Just so you’re aware – the Ipad versions and the board packet uploaded to the website have been revised. The hard copy of the packets I made for ‘Board Member A’ and ‘Board Member B’ are both the correct versions as well.”
What Authority Does the County Administrator Have to Change What Came Out of Executive Committee?
“The agenda brief does not match the resolution related to the exact ballot language. Please insert this agenda brief into the packet in place of the version that came out of committee.”
Request For Review Filed with ILGA’s Office
An Open Meetings Act Request For Review has been filed with the Illinois Attorney General’s Office.
The ILAG office has responded "Any agenda required under this Section shall set forth the general subject matter of any resolution or ordinance that will be the subject of final action at the meeting."
“To the extent that your Request for Review alleges that the Board's Rules of Order were not followed and that the official who made the change to the agenda briefing did not have the authority to do so, the Public Access Counselor does not have authority to review those allegations.”
Since the County referred to this item in general terms:
August 11, 2022 Peoria County Board Meeting:
“A resolution from your Executive Committee recommending approval of a Referendum question for the November 8, 2022 General Election to eliminate the Office of County Auditor.”
July 26, 2022 - Executive Committee Meeting “Resolution Auditor Referendum” and the ballot language was not read at any meeting, then the County was able to change the ballot language, so it became unclear for the public or the Board and what was actually being voted on due to the same day meeting agenda briefing changes.
The attachments are not subject to oversight under the Open Meetings Act and unfortunately, when changed, even on the day of the meeting by a county administrator, do not require that the agenda be marked as ‘revised.’
This is not an example of open and transparent government.
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