Anyone who watches Crest Hill city council meetings has certainly noticed that there seems to be a closed session at every meeting and that when some council members ask questions the response is that it is a matter for closed session. Well, I am very uncomfortable with closed sessions and feel that government should be as open and transparent as possible. So I decided to read the actual law and to read legal opinions interpreting it. As should be expected the first thing I learned was that Crest Hill does not follow the law.
The motion for a closed session MUST state which of the specific exclusions in the Open Meetings law covers the matter that will be discussed in closed session. If they are meeting to discuss employee contracts, they must say that. If they are meeting to discuss a pending lawsuit, then they must say that. They cannot simply state that a closed session is needed without any further information.
A closed session is never required. The city council can discuss any matter they wish to in open session. If Alderman Vershay wants to know who worked overtime, when they worked, and for how many hours, the City Treasurer can and should answer that question instead of deferring it to closed session. The Open Meetings law states a limited number of topics than MAY be discussed in closed session, but does not limit what can be discussed in open session. In addition, there is no obligation of city council members to keep secret what happens in closed session. The law does not prohibit anyone in a closed session from disclosing any matter discussed and specifically states that there is no penalty or retribution for disclosure.
It is time for our city government to comply with the letter and the spirit of the law. I call upon the Mayor and the City Clerk to ensure that all future closed sessions are properly held and to inform the Council and the public that any subject may be discussed in open session if so desired. I also call upon the City Clerk to release full transcripts of all illegally held closed sessions. And finally, in order to fulfill the spirit of the law, I ask any City Council member who believes in open government to speak publicly about anything that occurs in closed session that should not be secret.
