Buffalo Grove changing practices following records controversy

Buffalo Grove village officials say they're taking steps to ensure any documents asked for under the Freedom of Information Act - like e-mails recently requested about a controversial off-track betting decision - are always produced and submitted in full.

The village recently completed a sweep of its computers after learning there were additional documents not included in answering an FOIA request that produced thousands of pages of e-mails surrounding the decision to open an OTB at Adam's Rib and Ale House, 301 Milwaukee Ave.

A total of 213 additional documents were available for pickup at village hall Thursday for the Buffalo Grove resident and media organization that had filed the FOIA requests, said Village Manager Bill Brimm.

Brimm now plans to review all documents generated in FOIA requests before they are released. He said the old method of getting documents from village staff - going to individual village departments - would still be utilized, but the computer system would be used as a tool in cases such as the OTB request, with a magnitude of thousands of pages of e-mails.

Among a portion of the documents not included in the original FOIA request was an exchange among village trustees that resulted from an e-mail sent by Brimm to the board on April 29. Brimm informed board members that newly elected Trustees Lisa Stone and Beverly Sussman wanted a vote on the OTB proposal delayed to a later meeting date - and not on May 4, when they were scheduled to be sworn in. Both Stone and Sussman were opposed to the OTB license.

Views vary on whether the ensuing e-mail discussion was a violation of the state's open meetings law.

The six village trustees, two newly elected trustees and the village president were copied on the e-mails. A majority of a quorum - in this case three board members - discussing public business constitutes a meeting of members of a public body, according to the state open meetings law.

One trustee, who responded to all, wrote that delaying the vote could cost the village funds that it otherwise would be receiving from the OTB. Another said the village communicates effectively with residents when the question was raised if people knew about the proposed vote on the OTB or not.

Susan Glazer, the Buffalo Grove resident who made the FOIA inquiry, said she's spoken to two lawyers who think the e-mails may be in violation of the open meetings act. She said she plans to contact the Illinois attorney general's office or a state's attorney to review the matter.

If there was a violation, Glazer said she thinks the village board's vote to approve the OTB may be invalid, in which case she believes the village should delay the parlor's opening and voters should decide its fate in a referendum.

Village Attorney Bill Raysa determined earlier this month that the e-mails did not constitute a violation of the law. He couldn't be reached for comment.

Glazer and Hartstein both confirmed that they had a conversation Tuesday evening, in which Glazer brought up her concerns about the e-mail string among village trustees. Hartstein is backing Raysa's opinion.

"I appreciate the fact that she was against the OTB and she's looking for some ways to challenge it if she can find a legitimate way to do it," Hartstein said. "At this point and time, absent anything else brought to my attention, I'm of the belief that everything was done totally properly."

Hartstein also said he has spoken with a lawyer contacted by Stone who says the e-mail string was a violation. Hartstein asked the lawyer to put any formal opinion in writing and forward it to the village attorney.

Don Craven, the general counsel and interim executive director of the Illinois Press Association and an attorney who concentrates in media law, said the e-mails in question may be a violation.

"This exchange seems to stray into some policy issues about the OTB parlor and how this village board and administration should communicate with residents of the village. Those would seem to be matters of policy and not scheduling, which is concerning," he said.

If a citizen decides to pursue litigation, the usual outcome, according to Craven, "gives no one any satisfaction." Courts could take years to decide an outcome - by which time there could be different people on a board.

Instead, many state's attorneys and the attorney general's office use supposed violations as opportunities to educate village officials about proper open meetings protocol.

"It's very important for public bodies to be aware of the open meetings act and Freedom of Information Act," said Robyn Ziegler, a spokeswoman with the Illinois attorney general's office. "They need to make sure they're providing as much transparency as possible for members of the public that they serve."