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Illinois Leaks | DuPage Township Settled Open Meetings Lawsuit Against the Township, Maripat Oliver, Ken Burgess, and Felix George –
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McHenry Township sues voter who moved to reinstate officials higher salaries at special meeting
Updated 4/14/2021 1:43 PM
In a move meant to prohibit incoming McHenry Township trustees elected last week from reversing pay cuts for public officials, the township s outgoing board members on Monday filed a lawsuit against a voter who tried to circumvent the salary decreases.
The litigation names Robert Beltran, the voter, as a defendant. It seeks to have a McHenry County judge declare the resolution Beltran wrote and received ample support for during a township special meeting last month as inapplicable and void.
The resolution, which was approved by 31 out of 36 township voters present at last month s special meeting, is aimed at overriding the significant slashes to compensation of the township s elected officials made last year by a majority of the current board of trustees, whose terms end next month.
After DuPage Township s failed meeting of December 4, 2020, where two trustees leaving office and one supervisor who is seeking election used a public meeting in a failed attempt at censuring a fellow trustee, resulting in a lawsuit, it appears they will repeat that process at the March 16, 2021, township meeting.
First, we must note that a Township
There is no provision in the constitution or the Open Meetings Act which expressly authorizes public bodies to sanction their members for revealing what went on during a closed meeting, and there is clearly no constitutional provision from which one may imply such powers. Illinois Attorney General Roland Burris, 1991. The same can be said for sanctioning an elected township official for any other reason - there are no powers of sanction granted to a township government. Additionally, without a specific policy permitting censure (any such policy would be void in our opinion as a power not granted cannot be taken), any such censure woul
During an alleged meeting on December 4, 2020, Defendants Maripat Oliver, Ken Burgess, and Felix George are alleged to have violated the Open Meetings Act and the Township Code in several ways. A
lawsuit was filed, and we are one of the Plaintiffs, with allegations which include:
Improper notice of a special township meeting - did not comply with Township Code
Failure to provide the public attending remotely to have contemporaneous access to the discussions, deliberations, and actions of the public meeting - did not comply with the Open Meetings Act
Taking action on an item not listed on the meeting agenda - did not comply with the Open Meetings Act
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