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Official looks into Buffalo Grove openness complaints

Two complaints have been filed with the Illinois Attorney General about whether Buffalo Grove trustees violated the Open Meetings Act in e-mail exchanges before a controversial off-track betting vote.

Resident Susan Glazer, who filed one of the complaints, requested the correspondence through the Freedom of Information Act. She said she also submitted the e-mails to the Lake County state's attorney's office and the Citizen Advocacy Center for review.

At issue are e-mail threads among trustees responding to an April 29 e-mail from Village Manager Bill Brimm, who informed the board of a request by two newly elected trustees to delay a May 4 vote on an OTB license at a local bar and restaurant.

What resulted was a back-and-forth among four trustees - including one leaving the board and one newly elected but not yet sworn in - on whether to delay the vote and how well the village communicates with residents. The village president and entire board were copied - a majority of a quorum of the board.

Ultimately, the OTB was approved.

What is disputed is whether the e-mail discussion should've been held in public. Village Attorney William Raysa has said the e-mails in question didn't violate the Open Meetings Act.

The attorney general's public access counselor will review them to determine if there was a violation, said spokeswoman Robyn Ziegler. It's unclear how long it will take the counselor to render a decision.

If the attorney general's office determines a violation did place, a state's attorney's office could pursue criminal charges against the individuals involved, Ziegler said.

An open meetings violation is a Class C misdemeanor, with a maximum penalty of 30 days in jail.

It's rare for a suspected violation to get that far, experts say, as the attorney general's office and state's attorneys use the issue to educate public bodies about the open meetings law.

Under legislation passed by the state legislature this summer, the public access counselor would gain new powers, including the ability to issue binding opinions over open meetings act disputes. Gov. Pat Quinn would have to give final approval.

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