Trustee Accuses Mayor of Open Meetings Act Violations

Illinois Attorney General Lisa Madigan’s office is reviewing a complaint filed by Trustee Rich Sustich against Mayor Suzanne Branding regarding allegations of Open Meetings Act violations.

The complaint from Sustich was received by the attorney general’s office on March 21. 

The complaint alleges the recently formed "Lake Zurich Industrial Zoning Roundtable" — made up of business and property owners in the industrial park, in addition to Trustee Terry Mastandrea, Building and Zoning Director Dan Peterson and Village Planner Vijay Gadde — was formed as a task force but is functioning as if it were a board or commission. 

According to village code, task forces can be appointed by the village president (mayor) to advise (the village president) on village policies and issues.

The village code adds: "Task forces will not be advisory to the board of trustees or any other board or commission of the village, or employee of the village will not have authority to act in any way for or on behalf of the village; and will not be a board, commission, committee or other subsidiary body of the village."

Sustich said that because village staff is included in the roundtable discussions, he believes the group actually was brought together to create amendments to the zoning codes for the industrial park.

Branding says that couldn’t be further from the truth.

“The individuals who are participating have expressed concerns about village codes affecting the industrial park; the roundtable is an effective vehicle for these citizens to express their concerns to village staff — this is democracy, a participatory democracy,” Branding said.

In a letter from the village to the president of the Lake Zurich Industrial Council dated Jan. 16, focus areas for roundtable discussion were broken down into four sections:

• Land use policies and zoning for industrial uses.
• Changing patterns — range of potential commercial and service uses.
• Regulatory barriers, issues and opportunities.
• New policies/strategies to encourage re-occupancies.

The group has met at least once since the initial Jan. 26 meeting, and public notice was not given and minutes not taken to document topics covered.

Such measures would be required of a board or commission but not of a task force, according to village code.

“When you cross the line of becoming an active agent for change, that becomes an issue where it cannot be a task force,” Sustich said.

Branding believes the allegations by Sustich are, in the end, baseless.

“The roundtable discussion group is not a public body, but rather a group of citizens expressing concerns; they do not have the authority to set public policy,” Branding said.   

Branding said she is pleased the roundtable group is willing to put in the time and energy to make the village aware of issues affecting its members as business people.

She added that it is unfortunate that a group of concerned business people have become a part of the unfounded allegations brought forth by Sustich.

Meanwhile, Sustich says he, too, is looking out for those affected industrial park dwellers and business owners, in addition to all residents.

“My concern is that I want to protect the time and energy investment of the members of this group, in addition to procedural errors down the road,” Sustich said. “I want to make sure the group is operated properly with regard to village code and the Open Meetings Act.”

He believes the roundtable group is acting as a board or commission and that proper public notice should be given, so residents are aware of discussions about the industrial park.

Branding formally responded to the allegations in a letter to the Illinois Attorney General's Office on April 9, stating: “The Lake Zurich Industrial Zoning Roundtable is a discussion group to provide feedback to the village, and has no members or appointees."

She added that no participants are accountable to any person or formal body of the village, but that the meeting is run by Lake Zurich village staff.

“There is no work product charged to this group,” Branding said in the letter.

The Illinois Attorney General’s Office is reviewing the complaint by Sustich, as well as Branding’s response to it. There has been no official ruling yet.

On March 7, 2011, , alleging the group was communicating outside of public board meetings and creating "shadow minutes" and memoranda that included directives for village staff.  

Months later, in June, the but warned the board that future communications must be limited to two members so as not to violate the Open Meetings Act.