Discussion of Banana Derby an open meetings violation in Lake County?

The Illinois Attorney General's office said Monday allegations of an Open Meetings Act violation involving a request by 16 Lake County Board members to cancel the Banana Derby appearance at the Lake County Fair warrants further inquiry.

The show, which features capuchin monkeys riding on the backs of dogs while they race around a track, will continued as scheduled for a sixth year when the fair opens Wednesday. But operator Philip Dolci contended a move in late May to stop the appearance violated the state open meetings law.

Dolci, an Oakbrook Terrace resident and former DuPage County state's attorney, said a letter dated May 29 to Lake County Fair President John Brodzik Jr., signed by 16 of the 21 county board members, constituted a quorum that requires an open meeting to transact business.

According to the complaint, there was no meeting, agenda, or transcript regarding the action, and no public input. Dolci said the intent of the act is to ensure the action of public bodies and deliberations be conducted openly.

The letter to Brodzik was organized by Lake County Board member Sandra Hart of Lake Bluff. Also at her urging, the chief officers of the Lincoln Park Zoo and Chicago Zoological Society, wrote to Brodzik voicing concern for the animals' welfare and asked the show be canceled. The letter from the county board members said, in part, the fair "should not promote activities that exploit animals for our amusement and profit."

The Lake County Fair is a nonprofit organization and is not affiliated with the county. Dolci contends county business was transacted and should have been open. Brodzik responded to board Chairman Aaron Lawlor that Dolci's company, Gilligan T. Monkey LLC, complies with applicable regulations and the fair board saw "no compelling reason" to cancel the appearance.

In a letter to Lawlor, Neil P. Olson, assistant attorney general in the Public Access Bureau, said further inquiry is warranted. He asked Lawlor within seven working days to explain how the county board considered and decided any issues regarding the letter.

County officials contend there was no open meetings violation because there were no conversations involving a majority of a quorum.