Merit Commission fouls out on Open Meetings Act

Today the McHenry County Sheriff's Department Merit Commission ran afoul of the Illinois Open Meetings Act (OMA) - again.

Although the Commissioners were trained after the last violation, the Chairperson, Janelle Crowley, ran afoul of the statute that allows photography during a meeting of a public body. And then, even though the OMA was brought up as permitting photograph, she declared that photography would not be allowed.

Not a good move...

Pictured (left to right) are Commissioners McAndrews, Crowley and Van Hof and non-Commissioner Don Leist (back to camera), civilian employee of the Sheriff's Department.

A quorum was present this morning. Commissioners Crowley, McAndrews and Van Hof were present. Commissioners Goode and Mack were absent and had communicated in advance that they would not attend. So the meeting started on time.

During the Public Comment period I remarked about

1. the change in mission/purpose of the Merit Commission and asked how it got changed;
2. the change in expiration of terms of office of the Commissioners;
3. the refusal of the Commission attorney to speak with me (in spite of Crowley's suggestion at the last meeting that I contact that attorney).

It's clear that, with Ms. Crowley, the Commission is going to run her way. As it should, but within the law.

When I asked if I could sit at the Commissioners' table after my remarks, Chairperson Crowley refused. However, she allows the sheriff's EEO officer, Don Leist (an attorney in another lifetime), to sit at the table - without discussion; without permission asked and granted. Leist had breezed into the small conference room and basically took over the conversation. He treats himself as an equal to the Commissioners, which he is not. He acts like he is on the Commission; he's not. He is an employee of the sheriff; and he is a guest of the Commission at the meetings, as am I.

And he should sit away from the Commissioner's table.

When I raised the question of observation/obedience to the Illinois Open Meetings Act, Leist asked if I were an attorney. I should not have answered him; he is not a Commission and had no authority to ask a question.

Leist is the sheriff's employee at these meetings. He is not there as the sheriff's attorney, and he certainly is not the Commission's attorney.

After that exchange, I took a non-flash photograph of the Commissioners as they met. Chairman Crowley immediately told me I could not take pictures. When I stated that the Illinois Open Meetings Act allows it, she said I had to have permission. (I don't, according to the law.)

When I asked for permission, she refused it. I again said the law allowed it. At that point Leist asked if I were an attorney. I told him I wasn't and that I could read.

Stayed tuned for more information about the saga of legal operation of a County commission.