Politics & Government

Attorney General's Office Won't Investigate Alleged Open Meetings Act Violations

Village Trustee David Schlaker vows to press for answers on charges trustees broke law.

The Illinois Attorney General's Office has declined to go ahead with an investigation of  involving trustees on the Oswego Village Board.

In a letter last week to Trustee David Schlaker, Assistant Public Access Counselor Amanda Lundeen sited the statute's 60-day reporting requirement for the office's denial to investigate.

"Unfortunately,  we are not able to assist you because you have not submitted a timely request for review," the letter said.  "A request for review must be submitted to the public access counselor " not later than 60 days after the alleged violation.  (5 ILCS 140/ 9. 5( a).)

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" Your request for review, received March 28,  2011, was submitted more than 60 days after the alleged violations occurred."

The alleged violations submitted for review by  Schlaker occurred last summer. They include an allegation that Trustees Jeff Lawson, Terry Michels and Scott Volpe met with then Village Administrator Gary Adams to discuss his employment with the village and an email Schlaker said was sent from Lawson to at least two other trustees (Volpe and Tony Giles) discussing upcoming votes on the Alexander Square development project.

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Schlaker said Thursday he intends to resubmit his request for review with the state, asking that it issue an opinion on the alleged violations and the legal advice given to the village by Village Attorney Karl Ottosen in a statement on the matter released to Oswego Patch.

Ottosen stood by his opinion Thursday, saying he plans to revisit the Open Meetings Act with village trustees after the new board is sworn in as he does with all new boards. He said he believes trustees have complied with the law.

"I think it's more of a problem when you have the appearance that everything is done before a meeting," he said. "To me that's more of a political concern than a legal one."

Schlaker said despite not winning re-election April 5, he plans to press on with his complaint.

"This isn't over by far," Schlaker said. "Just because the attorney general has decided not to go forward doesn't discount what happened here."

Although the state has decided not to pursue the claims, Lundeen wrote that Schlaker may have other avenues.

"You may wish to bring those alleged violations to the attention of your county state's attorney who may,  in his or her discretion, prosecute Open Meetings Act violations," she wrote.

Kendall County State's Attorney Eric Weis said Thursday he has not been made aware of the allegations, and any OMA violation complaints would need to be made in writing to his office. 

Schlaker said if the attorney general's office refuses to look into the matter further, his next step could be with Weis' office. 


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