Galesburg City Council will be investigated as a body and not as individuals in the case of the Attorney General’s Public Access Bureau’s looking into potential Open Meetings Act violations.
That’s according to the Illinois AG’s Deputy spokesperson Drew Hill, who says the language of the Act “imposes legal responsibilities on public bodies.”
Hill says that means the AG’s Public Access Bureau will be reviewing whether the City Council – not any individual people identified – violated OMA.
The Request for Review was filed by Galesburg Ward 1 Council member Bradley Hix and Ward 7 Council member Larry Cox.
WGIL obtained copies of Hix and Cox’s letters to the AG’s Public Access Bureau in which they infer that Mayor Peter Schwartzman and City Manager Gerald Smith were responsible for the alleged violations.
Also, Hix and Cox issued a press release on Jan. 13 announcing that they filed OMA violations against the Mayor and City Manager specifically.
Hix and Cox say it doesn’t change anything
Cox tells WGIL he didn’t realize the offense would be leveled at all council members but says it “does not change anything.”
Cox says, “If I was partially responsible I will take whatever actions are leveled against me.”
Hix says he was aware that his complaint was levied against the entire council, including him.
Hix tells WGIL it’s “unfortunate the city attorney didn’t inform the Mayor, City Manager, and council that this topic should not be discussed in a closed session.”
He says he never raised concerns about the potential violation to the Mayor or City Manager because “they are not in the position to do anything about it.”
The Jan. 13 news release from Hix and Cox says:
The alleged violations occurred during the Executive Sessions of December 5, 2022 and December 19, 2022 of the city council. The City Council convened into Executive Session for the purpose of discussing the appointment, employment, compensation, discipline, performance or dismissal of specific employees. At the December 5th Executive Session City Manager Gerald Smith outlined the creation of an Assistant City Manager/Director of Public Works position. This position has yet to be created and is a public policy decision rather than a personnel matter. At the December 19th Executive Session City Manager Gerald Smith reviewed salary increases and discussed conducting a compensation survey.
What happens now in the process
Hill says in most cases the Public Access Counselor determines if further inquiry is warranted after seven business days. After making that determination the public body has seven business days to respond and provide any records requested.
But Hill says there’s no average time for issuing a determination. He says that depends on the “complexity of legal issues presented and the volume of records at issue.”
The City’s legal counsel, Paul Mangieri says on Monday the City received a letter from the Illinois AG’s office regarding complaints filed by Hix and Cox.
Mangieri says the city’s response to the AG’s office is due on Jan. 30.
Mangieri said it would be “premature” for him to further comment until the city is done filing its formal response.
Was this city of Galesburg business suitable for executive session? Listen here
Mayor calls Council members complaints ‘disconcerting’
Mayor Peter Schwartzman tells WGIL that it’s “disconcerting” that Hix and Cox would make these complaints without first communicating their concerns with the council.
Schwartzman says, “The way they have gone about it shows 0% of trust in their local government. The fact that they did it long after the meetings in question also suggests ulterior motives, perhaps involving outside influences. This is very problematic.”
Schwartzman says he disagrees that as Hix and Cox allege, items that were discussed were “public policy decisions rather than a personnel matter.”
He says, “all items discussed pertained to the items that were listed on the agenda.”
Schwartzman says some actions by Hix as of late are “aggressive”.
He says, “I know that Councilor Hix has also submitted at least six FOIA (Freedom of Information Acts) requests on several of the Councilors, myself, and our City Manager, as well as on one of his opponents. Initiation of this sort does seem to be an aggressive act and one that cannot be ignored by the recipients of these requests and shouldn’t be ignored by the public.”
