This afternoon I headed over to the Government Center's Annex Building at 3:00PM for the meeting of the McHenry County Sheriff's Department Merit Commission. Billed as a (well, not actually billed as anything) meeting, an Agenda was published and could be viewed online and printed. The day, date and time were correct. The Agenda should have carried Special Meeting on it.
Upon arrival the guard directed me to Room 210. As I hit the first step, he called across the lobby and told me to go to Room 204. At 204 a woman told me to go to 210. Good thing I'm used to being told where to go!
Imagine my surprise when only a secretary was in the meeting room, awaiting a telephone connection. She explained that today's meeting was to be a teleconference. Three o'clock came and went, while the administrative assistant to the Commission struggled in her office to transfer the call from her phone to the speaker phone in the small conference room.
Those on the phone were informed that a visitor was present, and the attorney for the Commission explained that the Commission would go into Executive Session to discuss a personnel issue, which I knew would be the case from the agenda. And I was informed that I would have to step out of the meeting during the Executive Session, which I knew.
The Commission almost didn't have a quorum. Maybe it really did not have a legal quorum. Commissioner Gloria Urch was attending remotely; really remotely. She couldn't get onto the conference call, so she was on another phone line from which she could presumably hear the proceedings and relay her questions and votes via a person who was on the conference call.
Is this legal?
But surprise! A motion was called for to enter Executive Session. What happened to the items on the Agenda for today's meeting? The Minutes from Previous Meetings? Payment of Bills? Public Participation? New Business?
The Executive Session almost didn't happen, but no one was quick to second the motion to go into it. That was, to me, unusual. Perhaps had they all been sitting in one room, staring at one another, no one would have seconded it, and it would have died right there. But finally a man did second the motion and a rollcall vote was taken.
Did the Commissioners know in advance whose personnel issue was to be discussed in Executive Session? Is it appropriate to reveal to them outside of a meeting what is going on? Or should that juicy information be held until it drops on them when they are gathered?
Should Commission meetings be held by telephone conference? Is it even legal to do so? Has the Commission ever acted legally to approve meeting by telephone? I mean, ALL of them meeting by telephone and no one showing up in the meeting place?
An exception might be made for one to attend by telephone upon advance notice, such as an out-of-town business trip, but it seems to me that the Commission would have to decide in advance to allow attendance by telephone. Has it done so?
One of the main reasons for them to meeting in person is that each can see all the others. Facial expressions are important, as is body language.
And meeting by telephone? I wonder how many emails, instant messages and text-messages were sent among Commissioners, when they heard I was there. Well, maybe none, since only the Chairman may have known my name before the meeting.
I was asked who I was before the meeting started. Was anyone else attending by telephone? No one else was introduced. Was the deputy and/or his attorney on the phone when the call was transferred into the conference room?
When the Executive Session adjourned, a voice over the telephone stated that the "officer" (deputy) had been represented by counsel and the counsel had filed an Appearance. Read, legalese. A Special Limited Appearance was filed and the case was continued to February 18, 2009, 10:30AM at the Regular Meeting of the Merit Commission.
Stay tuned for more information about the matter that was continued to February 18. It's only four months from now...
Oh, by the way, when I asked the recording secretary to whom I might address questions, she suggested addressing them to Susan Connor, the attorney for the Commission. I gave her my card and she said Susan would call me. I'm still waiting...
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