State reviewing claim Palatine violated Open Meetings Act

Illinois Attorney General Lisa Madigan’s office said “further review is warranted” regarding a former Palatine village councilman’s claim that an advisory meeting held for residents last month violated the Illinois Open Meetings Act.

Warren Kostka, who has a long-standing feud with the village over his Forest Avenue property, requested the review, asserting that proper notice of the March 15 meeting should have been given.

In an April 20 letter, Assistant Attorney General Tola Sobitan asked the village to provide a detailed written response to the allegations, together with copies of any minutes, draft minutes and recordings created to document the meeting.

“We feel we’ve done nothing wrong because the meeting didn’t need the notice requirements,” Village Manager Reid Ottesen said. “Nonetheless, we’ll reply to the attorney general’s office.”

The village emailed a release about the meeting to the Daily Herald, which ran the notice.

Kostka’s complaint stems from the March 15 joint district advisory meeting led by District 5 Councilman Kollin Kozlowski and District 6 Councilman Brad Helms. They invited residents to the new Palatine police station to hear a staff presentation on village issues before separating into groups to address individual district issues.

Kostka said that because Mayor Jim Schwantz showed up for part of the event, the majority of a quorum was present, making it a meeting under the Illinois Open Meetings Act.

However, Village Attorney Bob Kenny said the law doesn’t prevent elected officials from being together under certain conditions.

“The question is, is there public business being discussed,” Kenny said. “So you can be at an opening or an event, it’s just whether or not you’re deliberating on public business.”

Kostka believes Kenny is wrong, saying Wednesday that a district advisory meeting is different from a parade or a ribbon-cutting ceremony. He said there seems to be “sort of a cavalier attitude by some” regarding the state law, and he wants to make sure violations don’t occur.

Kostka is scheduled to appear at the Cook County courthouse in Rolling Meadows for a hearing Thursday morning on violations at his property. The village filed a complaint earlier this month in an effort to get the property into compliance.