Burr Ridge Agency Warns Workers About Reporters

BURR RIDGE, IL — In early May, the head of the Burr Ridge-based Flagg Creek Water Reclamation District warned employees about the media. He advised the sewer agency's workers to refer reporters to him.

This followed a number of stories about issues related to the layoffs of three employees in early April. The board voted to let them go, even though the issue was not on the meeting agenda. In May, DuPage County citizen watchdog Edgar Pal filed a complaint against the district with the attorney general's office, alleging open meetings violations.

The agency serves all or parts of Hinsdale, Elmhurst, Darien and Burr Ridge.

In a May 8 email to employees, James Liubicich, the district's executive director, referred to a May 7 Patch story, "Did Area Sewer Agency Break State Law?" This piece discussed the issue of whether the board violated the Open Meetings Act by voting on an issue that was not on its agenda. Pal filed his complaint a few days later, but had already been asking the district for documents related to the open meetings issues.

The district has said the board complied with the law.

"At first glance, the following article (Did Area Sewer Agency Break State Law?) may appear to be concerning or a bit sensationalist," Liubicich wrote employees in an email obtained by Patch through a public records request. "We have been dealing with the issue for about 10 days now, and it is seeded by local Open Meetings Act advocates.

"Everyone should know actions the district took were under the advice of outside legal counsel and appear to me to be clearly within the intent of and in compliance with the Illinois Open Meetings Act and past practices," Liubicich said.

At its April 10 meeting, the board voted to lay off the three employees. Within an hour after the board's vote on the layoffs, Burr Ridge police were on hand while the two workers on shift that day were informed of their terminations. No problems occurred.

Pal contends the board violated the state's open meetings law by failing to give the public notice about its plan to vote on layoffs at its meeting and unlawfully discussing financial issues behind closed doors.

In Flagg Creek's response to Pal's complaint, attorney Donald Rothschild said any "perceived or technical violation by the district was not intentional and merely an oversight in the drafting of the agenda." He did not directly answer the issue of why the board took action on an issue that was not listed on the meeting agenda, as required by the Open Meetings Act. The agenda, which listed a closed session and a budget review, gave no indication members would take any kind of action.

Pal alleged the board discussed the layoffs behind closed doors, which he said was not allowed under any of the exceptions to the Open Meetings Act. However, Rothschild said a closed discussion of dismissals was allowed under the law.

"The main reason of the closed session was to allow both the Board and Senior Management to speak freely and openly related to these sensitive matters," Rothschild said in his response.

Under the law, dismissal of "specific" employees can be discussed in closed session. But that does not extend to budgetary issues about whether to keep employees. District officials have repeatedly said the layoffs were made because of budget constraints.

The law contains no exception for "sensitive matters." In fact, the word "sensitive" appears nowhere in the Open Meetings Act.

The attorney general has yet to address the complaint.

In return for $5,000 in severance pay, the employees were barred from criticizing, denigrating or disparaging the sewer district through any medium, including social media platforms. The district has called the severance packages "generous."

The non-disparagement clause, however, does not work both ways. The district can disparage the workers, and at least one official's public comment could be seen as criticism. When Patch asked Liubicich in May why officials called police to stand by while the employees were laid off, he said supervisors had concerns "that the individuals involved had violent tendencies."

Read more about the issues involving the Flagg Creek layoffs:

Area Sewer Agency Secretive On Layoffs

Did Area Sewer Agency Break State Law?

Area Sewer Agency Subject Of Complaint

Burr Ridge-Area Agency's Agreements Ban Criticism

Agency: 'Sensitive Matters'