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Prologue to Farce and a Tragedy

Throughout the pages of the Observer, readers often see references to OMA – the Open Meetings Act, and FOIA – the Freedom of Information Act, but may not be fully aware of their provisions.  According to the Illinois Attorney General’s website,

“… public bodies exist to aid in the conduct of the people’s business and that the people have a right to be informed as to the conduct of their business.”
– Illinois Open Meetings Act, 5 ILCS 120/1.

“… all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest.”
Illinois Freedom of Information Act, 5 ILCS 140/1.

In 2012, a new training requirement went into effect thateach elected and appointed member of a public body subject to OMA must successfully complete the electronic training between January 1, 2012, and January 1, 2013.”  The Attorney General’s portal, http://foia.ilattorneygeneral.net/Training.aspx, also allows anyone, including ordinary residents, to take the same training required of our Village officials.  The training modules are simple and take about 30 minutes each to complete.

Perhaps readers are curious about which of our government officials have finished their OMA training.  If so, you can visit the Village’s FOIA website http://www.barringtonhills-il.gov/foia/directory.htm and view their certificates of completion.  Interesting to note is that only half (or less) of the Zoning Board of Appeals, Plan Commission, Board of Health and Beautification Committee members have undergone certification.  Even more surprising, and quite disappointing, is that three members of the Board of Trustees, including Village President Bob Abboud, have not yet successfully completed their OMA training.

Granted, the deadline for completing the training is January 2013.  But given the muddled record of FOIA & OMA compliance in Barrington Hills, we would expect our elected and appointed officials to make educating themselves on these important issues a top priority.

If they did, maybe this would halt the practice of the Village President in using his personal email address for official governmental communications.

Maybe if the Village’s FOIA officer Robert Kosin underwent retraining, he would better understand the spirit of FOIA, and be more forthcoming in providing requested information, rather than resorting to delaying tactics.

Maybe if the Village would provide up-to-date minutes of all committee and commission meetings online, including ZBA transcripts, residents wouldn’t have to file FOIA requests to access this information and Village staff could be better utilized.

And, maybe if the village would consult with the State’s Public Access Counselor, rather than referring FOIA requests to attorney review each month before fulfilling them, Barrington Hills taxpayers would have been spared the tens of thousands of dollars in legal costs already expended.

Illinois’ FOIA and OMA laws are an essential tool for maintaining transparency in local government.  Perhaps James Madison said it best,

A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”                    – Letter from James Madison to W. T. Barry, August 4, 1822

–     The Observer

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