Hinsdale-Area Agency Broke Law In Layoffs: Attorney General

BURR RIDGE, IL — The Flagg Creek Water Reclamation District, which serves Hinsdale, Burr Ridge and Elmhurst, has defended its decision to lay off three workers in April.

But the Illinois attorney general determined last week that the Burr Ridge-based sewer agency's board violated the state Open Meetings Act in how it handled the layoffs.

Under the law, a government body must discuss and take actions on most business — including an uncomfortable subject such as layoffs — in an open meeting.

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

The board gave no notice to the public that it would vote on the separation agreements with the three employees.

The board's reference to "personnel matters and/or litigation" for its closed session was insufficient and "overly generic" to notify the public about the layoffs, according to the attorney general.

"A member of the public reviewing (the) agenda item before the meeting could not have reasonably anticipated that the board planned to take final action on separation agreements," Assistant Attorney General Teresa Lim wrote.

The open meeting law allows a government body to meet behind closed doors to discuss the merits of specific employees. A review of the closed session recording showed the board discussed the business reasons for the layoffs, not the merits or conduct of the individual employees, according to the attorney general's office.

The office is asking the district to release the closed session portion of the meeting to the public.

The attorney general's investigation was prompted by a complaint filed by Edgar Pal, a DuPage County citizen watchdog.

In the district's response to the complaint, its 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."

The district's executive director, James Liubicich, could not be reached for comment Thursday.

After Patch had written stories about the layoffs, Liubicich warned employees about reporters in a May 8 email, saying media inquiries should be referred to him.

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

"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.

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'