Chambana Sun

Proposed state legislation currently on the House calendar would change the way townships boards can meet, Edgar County Watchdogs founder and writer Kirk Allen said during a recent interview.

House Bill 4470, introduced in January by Rep. Brad Halbrook (R-Shelbyville), would be an improvement over the current statute, Allen told the Chambana Sun. "The current statute, 60 ILCS 1/80-10, is for the purpose of examining and auditing the township and road district accounts before any bills are paid," Allen said.

"Contained in current statute is this statement: 'The board may meet at other times as they determine.' The original intent of that phrase was to allow the board to meet at a time convenient for the examining and auditing of the township and road district accounts, nothing more."

Illinois State Rep. Brad Halbrook (R-Shelbyville)

Edgar County Watchdogs has found that township attorneys have used that language in the statute to call a meeting "for any purpose to be called at any time", Allen said. "Regular meetings are set during the annual meeting by the electors. Any meeting other than a regular meeting is a special meeting or an emergency meeting. Emergency meetings do not have public notice requirements, just agenda posting."  

The townships tend not to call special meetings, Allen said. "There are requirements for special meetings that the townships don't want to comply with so they default to the clause under the 80-10 provision to circumvent those requirements," he said. "Special meetings require they request the special meeting and once that is given to the clerk, they can not hold the meeting until 14 days has passed and must hold it before 45 days has passed. They don’t like doing that so they abused the language in 80-10 to apply it to any meeting they want and completely ignore the special meeting statute."

If passed, HB4470 would change the language of 80-10 and amend the state's township code to limit meetings to those called by the supervisor or two board members "for the sole purpose of compliance with the requirement to examine and audit township and road district accounts," the bill's synopsis said. It also "provides for notice requirements for board members and that public notice of the meeting shall be provided in the same manner as special meetings of the board. Effective immediately."

HB4470 passed the House Counties & Townships Committee  on April 11 and was placed on the House calendar.

HB4470 is a response to the way townships currently handle their meetings, Allen said. "This bill comes out of our exposing dozens of townships having meetings that are not regular meetings, never properly requested to the clerk, and have nothing to do with auditing of books as outlined in 80-10," he said.

The House bill is opposed by Emily Katalinich for the Stratagem Consulting Group, representing the Metropolitan Township Association, and Sharon Langlotz-Johnson who represents the Palatine Township, Metro Township Association. "Not sure who those two people are but if they are the ones from the Municipal Township Association, they testified and basically lied to the committee by claiming this new bill would stop a board from being able to call a special meeting," Allen said.

"That is not true. This bill does nothing to the special meeting statute. This bill just reinforces the original intent and restricts the calling of a meeting at any time to those very purposes outlined in 80-10. The reason these associations don't like it is because they have abused it to basically ignore the obligations in the special meeting statute because they don't like to have to wait 14 days from the time they ask for the meeting."  

HB4470 will help Illinoisans "by restricting how and when meetings are conducted," Allen said. "Right now under the current 80-10, lawyers are saying they can call a meeting today, even though the OMA requires 48 hours posting. The lawyers say OMA posting requirements do not apply because 80-10 only says these anytime notice meetings shall only be open to the  public. It does not say under that section they have to comply with OMA notice and posting requirements. There will be no wiggle room to state these meetings being called anytime they want are not special meetings. They are special  meetings if it is for any purpose other than those listed in 80-10."

HB 4470 will help taxpayers the most, Allen said. "People are tired of meetings being called and no one knowing about," he said. "Right now they get away with it because of 10 words: 'The board may meet at other times as they determine.'"  

"I went around and round with Township Officials of Illinois (TOI) on this months ago over a township attorney advising his board that they did not have to follow the special meeting statute for a meeting they wanted to hold which had nothing to do with auditing of books. TOI tried to tell me the special meeting statute only applies to the electors. Never mind the fact it specifically states,  'Special township meetings shall be held when the township board (or at least 15 voters of the township) file in the office  of the township clerk a written statement that a special meeting is necessary for the interests of the township.' TOI insisted that statute does not apply to the board, only the electors."