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Resident alleges Open Meetings Act violation by Geneva council

A Geneva resident is alleging that city officials may have violated the Open Meetings Act and is asking the Illinois Attorney General for a review.

Lindsey McCall filed the request Feb. 24, stating that a letter sent March 27, 2024 to the Illinois housing Development Authority, signed by Mayor Kevin Burns and listing everyone on the city council, could be the result of a private meeting.

“The accusation is false,” Burns said in response to the accusation. “What is important to note is the letter … also impugns the entire city council, and claims that a private meeting was held with 10 council members and myself to ‘make a determination outside a public hearing.’”

Under Illinois law, all meetings of public bodies are to be held in public, allowing only certain exemptions to close them, such as for litigation or purchasing or selling property.

The city is to respond to the attorney general’s office by Tuesday.

In documents submitted in support of her claim, McCall listed a March 25, 2024, email from City Administrator Stephanie Dawkins to the council and Burns telling them the Burton Foundation submitted a project to IHDA.

The Burton Foundation is a nonprofit that builds affordable housing. The letter was sent so it could apply for tax credits to covert the former Duke and Lee’s service station, 609 S. Third St., into an affordable senior housing project.

McCall included a screenshot of a social media post from Burns, which states, “The letter accompanying this post, signed on letterhead with the ENTIRE City Council listed, reflects the unanimous support of the City Council and its direction to me to send the letter to IHDA expressing the City’s continued support for affordable housing opportunities.”

“If they all unanimously supported the sending of this letter, this would lead the public to believe that there was a private meeting held between the dates of March 25th … and when the actual letter was sent on March 27th,” according to McCall’s letter. “There was no public meeting where this information was shared.”

The Attorney General’s Public Access Bureau responded March 10 with a letter to Burns asking for a written response within seven days.

“In particular, this office asks the Council to explain how the Mayor obtained the support of each Council member,” according to the letter.

“That letter will be responded to,” Burns said. “It is, on its face, insulting to the council … I sit here before you today, with nothing but integrity, stating that the accusation is false. It will be determined as false. It is in the hands of the city attorneys to respond.”

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