Elmhurst Sued Over Closed Meeting On Personnel Issue

ELMHURST, IL — A citizen watchdog has sued the Elmhurst City Council, alleging aldermen discussed matters behind closed doors over the summer in violation of the state's open meeting law. He told Patch he was basing his lawsuit on closed session minutes the city accidentally posted online. The city has since removed them.

The watchdog, Edgar Pal, said he was unsure how much of the minutes he could share with Patch, given they are supposed to be confidential. Under longstanding Supreme Court decisions, government agencies have no power to stop people from releasing public information they legally obtained.

At its June 15 meeting, the council discussed how to fill the position left vacant by the retiring public works director, according to the lawsuit. The council reached a consensus to recruit outside and inside candidates with the possibility of appointing an interim director, the lawsuit says.

Under the Open Meetings Act, members of a governing body can discuss the merits or conduct of "specific" employees or candidates behind closed doors. But the law bars closed discussions about general personnel issues such as searches and personnel reorganizations.

Pal is asking DuPage County Court to declare that Elmhurst violated the law and require the council produce recordings and minutes of the June 15 closed meeting. He also asked the court to impose civil penalties and compel the city to reimburse his legal fees.

The city's spokeswoman, Kassondra Schref, did not return a message for comment last week.

Over the last two years, Pal has enjoyed successes in his battles with local public entities over open government issues.

In December, Pal obtained the browser histories of City Council members during council meetings, but the city fought the release until the attorney general stated such records were public. Pal said he requested the histories because council members appeared to be distracted on their city-issued laptops during public input at meetings.

Since last year, the attorney general has agreed with Pal that both Elmhurst School District 205 and the Elmhurst Park District improperly discussed personnel reorganizations behind closed doors.

The park district relented and produced its closed session recording after the attorney general's ruling. The school district, however, refused. So Pal sued the district, prompting it to settle. The recording was released. It revealed a blunt discussion among board members.