Plainfield Park District Faces Second Open Meetings Act Complaint

Illinois Attorney General Lisa Madigan is investigating a second Open Meetings Act complaint against the Plainfield Park District Board of Commissioners.

The complaints came after the controversial decision to name village trustee Garrett Peck the new park district executive director, while bumping former Superintendent of Planning Cameron Bettin — who was originally slated to take over the director role on July 1 — to assistant executive director. Peck was named interim executive director at a May 11 special meeting, and was permanently hired to the position at a May 28 meeting.

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Already facing allegations of Open Meetings Act violations regarding the May 11 meeting, the park board is being asked for additional information on that meeting, along with its May 22 and May 28 meetings.

The complaint, filed May 31 by former park board president Michelle Kelly, alleges the following Act violations:

• The board did not provide for public comment at the May 11 meeting
• Several people were not allowed to speak during the public comment portion of the May 28 meeting
• Agendas were not posted for the May 22 and May 28 meetings
• The size of the room for the May 28 meeting was inadequate
• The board is discussing public business outside of open meetings

"In my understanding of the Opening Meetings Act, they seem to be violating it over and over," Kelly said. "In general, the new board and the new director don't seem to have a handle on the Open Meetings Act."

She said she first became concerned when, despite the controversy over rumors of Peck's imminent hiring, the board did not allow comment at the May 11 special meeting. 

"I thought we needed dialogue and [Hurtado] refused at that meeting," Kelly said. "You don't have to listen to us, but we have the right to speak."

After receiving Kelly's complaint, Madigan sent a letter to Hurtado on June 13, saying her office had "determined that further inquiry is necessary." In the document, Madigan asks Hurtado or a representative of the park board to provide the attorney general's office with copies of the agenda and meeting minutes for May 11 and May 22, and to clarify whether agendas were posted for the meetings and whether opportunity for public comment was provided.

The park district was also asked to "address the circumstances surrounding the removal of a member of the public from the May 28 meeting." At the standing-room-only meeting, Village of Plainfield trustee Jim Racich was escorted out of the building by police after attempting to speak during the public comment period.

At the meeting, Hurtado told Racich that since he had not signed up to speak prior to the meeting, his comments would be limited to one minute, compared to the three minutes other residents received. Racich, who said he did not know about a signup sheet in the lobby of the park district administration office, declined Hurtado's one-minute offer and attempted to speak anyway, voicing his opposition to the hiring of his fellow village board member Peck.

Madigan's letter asks Hurtado to clarify whether the size of the meeting room at the May 28 meeting was adequate, and whether residents who had to view the meeting from the hallway were able to hear the proceedings. 

The park district is also asked to address the allegation that park board members have been discussing public business outside of public meetings, or improperly during closed session.

Hurtado declined to comment on the alleged violations, directing questions to interim park district Director of Communications Doug Booth.

Read: Plainfield Park District Treasurer Named Interim Director of Communications

Booth also declined to discuss specific allegations, including the accusation that park commissioners discussed board business in private.

"As the review of these complaints are not complete however, and no resolution has yet been reached, the district will make no public statements on any of the allegations or ongoing communications between the District and the Office of the Attorney General at this time," Booth said in an email to Patch.

Second complaint 

Last month, park district resident Mark Krippel filed a similar complaint, questioning whether the agenda for the May 11 meeting was posted in advance, as required by the Open Meetings Act.

Krippel's complaint was being investigated, according Natalie Bauer, communications director for Madigan's office. 

Park district spokesman Doug Booth said the board was cooperating and providing Madigan's office with copies of the agenda, meeting notice, meeting minutes and minutes for the closed session during the May 11 meeting.

Kelly said she hopes some good comes of the complaints.

"I'm hoping that through this process they will have an understanding of the Open Meetings Act and will start to follow it," she said. "The reality is, we have to follow the law.'

Read: Plainfield Parks: Atty. General Investigating Special Meeting

Related stories:

• It’s Official - Park Board Votes to Make Peck Executive Director
• Group Plans to Protest Plainfield Park District Meeting
• Plainfield Parks: Hurtado Defends Decision to Hire Peck