Lake Zurich trustee files Open Meetings Act complaint against mayor
A Lake Zurich village trustee has filed a complaint alleging Village President Suzanne Branding violated the Illinois Open Meetings Act.
Trustee Rich Sustich submitted his complaint March 19 to the attorney general's office regarding the “Lake Zurich Industrial Zoning Roundtable.” He contends the meeting was illegal because it intended to draft changes to the village's industrial zoning code without any public notice.
“This wasn't just a group discussing their varied interests. They were actively looking to identify policy changes,” Sustich said. “The only people who can do that are board members in a public forum or board-approved commissions.”
Branding called the allegations “baseless.” She described the round-table as an informal meeting that would have no direct effect on future decisions made in Lake Zurich.
“It's a group of people getting together to discuss ideas and ultimately, at most, petition the board to act,” she said. “These are First Amendment rights. This is how democracy works.”
The attorney general's office could not be reached for comment. Neither Sustich nor Branding have been contacted by the office with information on the investigation.
The round-table mentioned in Sustich's complaint was held Jan. 26 to discuss the zoning code for the village's industrial park. Attendees included Branding, Trustee Terry Mastandrea, Building and Zoning Director Dan Peterson and Planning Manager Vijay Gadde, Plan Commissioner Linda Crane, and nine local industrial and business leaders.
No public notice was given before the meeting, and official minutes were not recorded. The round-table has met twice since then, but Branding has not attended.
Peterson was the main organizer of the roundtables. The issue arose last winter when a nonindustrial proprietor sought to lease space in the industrial park for retail use, which is not permitted currently. His department decided to set up the round-table, with invitations signed by Branding. He said nothing was out of the ordinary about the meetings in Sustich's complaint.
“We bring together these types of groups fairly regularly to address issues, gather feedback and decide if change is needed,” Peterson said.
Sustich said the roundtable's concept was valuable as the village considers adjusting zoning codes that haven't been updated in more than 20 years, but a more transparent forum should have been used.
“My primary issue is protecting the work of the people who were at the round-table,” he said. “It would be a shame to put their time and effort in jeopardy because of procedural mistakes.”
Branding learned about the complaint in a letter from the attorney general's office in early April.
“There are so many important issues the village needs to address, and it's a shame that energy is being wasted on this,” she said.
Sustich's allegations come about a year after Branding filed an Open Meetings Act violation complaint against Sustich and three other trustees for email conversations on village business. The Lake County state's attorney chose not to prosecute, but imposed mandatory training on the act for the president and trustees.