Sleepy Hollow trustee: Board took action via email, violated open records law
A Sleepy Hollow trustee is accusing his fellow board members of violating the Open Meetings Act by taking action on village matters via email.
The attorney general's office is investigating a request for review filed Oct. 30 by Trustee Tom Merkel, who said he was out of town and without internet access when the email vote took place.
Merkel's complaint references a Sept. 4 public meeting, which was canceled after the village board failed to meet quorum. The next day, Merkel said, Village Clerk Anthony Mills emailed the six trustees at the direction of Village President Stephan Pickett and requested they vote on three agenda items from that canceled meeting: a fundraising event for the Knights of Columbus, a draft edition of the village newsletter, and village expenses totaling about $110,200.
Merkel, who was attending a wedding in Wyoming at the time, said he returned home to find all three items had been approved over email.
"These votes were taken without the knowledge of the public and without the benefit of discussion by the board of trustees before the public," he said in the complaint.
The public access bureau contacted Pickett last month and asked for a written response, along with any records related to the allegations. Pickett confirmed the village responded but declined to comment further "considering it is under review."
Before filing a request for review, Merkel said, he asked Village Attorney Mark Schuster for his legal opinion regarding the validity of the email votes. The rest of the board supported his pursuit at an Oct. 1 meeting but later rescinded the request after Pickett told them he believed a formal written opinion was an unnecessary expense, according to meeting minutes. Pickett said he and Mills met with Schuster to discuss proper procedure and avoid future issues.
Last year, the attorney general's office found the Sleepy Hollow board in violation of the open records law during five closed-session discussions pertaining to a cellphone tower. The investigation was prompted by a request for review filed by Merkel before he became a trustee in May 2017.
"I'm concerned that they're just playing loose and easy," Merkel said. "I just want (them) to do things the right way."