Pinckneyville Council takes Open Meetings Act too casually
Last Thursday, Mayor August Kellerman, Commissioner David Stone and (by phone) Commissioner Sam Fulk participated in a collective bargaining session with union representatives and attorneys. Since there were three members or a quorum of the council present, the special meeting should have been announced 48 hours in advance and notices posted in City Hall. This was not done.
Jeff Egbert of the Pinckneyville Press said he witnessed the violation of the Open Meetings Act and received confirmation that there were three members of the council present.
On at least one other occasion, a quorum of the council met without prior notice. City Attorney Roger Seibert explained that at that time a representative from the state explained to those present what the rules of a grant were. The city did not publicize the meeting because they did not know that a quorum would be present.
Seibert said the city works to balance the Open Meetings Act, Freedom of Information Act and various privacy laws. Sometimes the technical requirements of the law are not met. He classified both of the unannounced meetings as "no harm no foul."
No action was taken either time. Regardless of prior notice, the union negotiations would have taken place in closed session. Seibert said anyone who wanted to sit in on the grant discussion would have been welcome to do so.
Under the open meetings act, municipalities are allowed to enter closed session to discuss collective negotiating matters or deliberations concerning salary schedules, the acquisition or selling price of real estate, litigation, appointment, employment or dismissal of an employee or to review/discuss the minutes of previous executive sessions.
Seibert said the Open Meetings Act and Freedom of Information Act can be used by individuals with a grudge or political opponents to harass a government. Even if the request is ridiculous, a municipality must acquiesce or expend funds to fight it.
For example, private citizens and businesses who apply for loans from the city must give a lot of financial information. The council has to decide what remains private and what is made public when FOIA requests are filed.
When questioned, Mayor Kellerman said the union negotiation meeting did not need to be publicized then asked Egbert who told him about the meeting.
Seibert said the meetings should have been publicized, but stressed that no action was taken either time.
In other business, the council:
• passed a resolution approving the estimated tax levy for 2013-2014. Commissioner Leonard Heisner said the amount of the levy has not been finalized. State actuaries provide the city with information on how much the city will must contribute to the Police Pension Fund each year. Last year, the figures were not available at the time the levy was approved. The city was forced to pay $75,000 towards the pension fund from the general fund. In order to avoid a repeat of that problem, a Truth in Taxation hearing has been set for 7 p.m. on Dec. 23. Hearings are necessary if the city plans to levy more than 105 percent of the previous year's levy. Last year's levy was $559,300. The Police Pension Board after the levy was approved that that the state increased the city's contribution from $124,000 to $199,645 last year.
• authorized Heisner to choose between two proposals for an upgrade to the computer system in the City Clerk's office. Heisner plans to meet with Locus and CTS to discuss their proposals. The equipment to be purchase includes five work stations,some server work and virus protection. The maximum price would be $8,151. The council also authorized the purchase of an HP color printer at a maximum cost of $2,000. Heisner said the color printer would be used to print utility bills. Normally, all information on the bills is in black ink. Announcements and important notices would be printed in color on the new machine.
• approved payment of $82,438 to Haier Plumbing & Heating for work done on the cemetery drainage project. The city will retain the remaining 10 percent of what is owed until the grading, seeding and final inspection have been done in the spring.
• approved spending $50,000 to line the reparable portions of the sewer on Walnut Street in December. Commissioner David Stone said some portions are not reparable and will have to be replaced at a later date. Work on lining the sewer on County Road is set to begin Tuesday, Nov. 26.
• approved giving a $30 gift certificate to a local grocery store to all full and part-time city employees, including volunteer firemen for the holidays.
• agreed to allow a variance for First Christian Church to put up a new building on their property at the intersection of Randolph and Douglas Streets. Duane White, representing the church, told the council that the new structure would be closer to than 10 feet to the property line, which is prohibited by Perry County's zoning ordinance without a variance. However, the new structure would not extend any further than the current structure.
• accepted a proposal from Susan Jaynes of the Illinois Municipal League Risk Management Association for property/casualty, liability and worker's compensation insurance. The city's current policy expires at the end of 2013. The council agreed to review the proposal before making a decision.
• heard from Commissioner Kevin Hicks that Santa Claus is coming to Pinckneyville on Dec. 7. He will travel through town on the a fire truck.