13 WREX news director criticizes board, state's attorney for lack of transparency

ROCKFORD — The news director of 13 WREX criticized Winnebago County Board members and State's Attorney Marilyn Hite Ross on Wednesday for failing to disclose public records of a committee meeting that board members conducted illegally according to the Illinois Attorney General's Office.

The attorney general's Public Access Bureau determined in August that several board members violated the Illinois Open Meetings Act by discussing details of a proposed 911 consolidation agreement during a May 2 closed session.

Rockford Register Star media partner 13 WREX filed a complaint with the bureau, asking it to review the discussion that took place during a closed-door meeting May 2. The meeting included members of the County Board Finance Committee and Operations and Administrative Committee.

State’s Attorney Marilyn Hite Ross advised the board to discuss the 911 agreement in closed session due to “pending litigation.” WREX filed a complaint with the attorney general’s office arguing that any discussion regarding the 911 agreement with municipalities was not actually the subject of pending litigation and was not a valid reason for a closed-session discussion.

After a three-month investigation, the Public Access Bureau agreed. To remedy the violation, the bureau asked the committees to vote to disclose portions of the May 2 closed session minutes and closed session recordings of the committees’ discussion of the 911 agreement and provide WREX with copies.

That disclosure hasn't happened. Hite Ross told members of the Operations Committee on Wednesday that she can't comply with the bureau's direction because the chairman's office — not her office — is in possession of the still-undisclosed meeting minutes.

It's been 56 days since the attorney general's office determined that board members violated the Illinois Open Meetings Act, 13 WREX News Director Josh Morgan said told committee members on Wednesday.

“And yet, no action,” Morgan said. "My question to you is why have these materials not been released? Does transparency matter to you? And do you think it matters to your constituents? Transparency delayed is transparency denied."

Soon after the attorney general issued its decision in August, Hite Ross' office filed an appeal. The attorney general's office rejected the appeal. Operations Committee Chairman Keith McDonald said he assumed that the Hite Ross' office would have simply complied with the attorney general's decision back in August. But he said he didn't know— until Morgan told him last week — that the county hadn't complied or that Hite Ross' office had appealed the decision and that the attorney general's office rejected the appeal.

McDonald told the county's interim administrator, Steve Chapman, to produce the closed-session meeting minutes to the committee as soon as possible so that the board could review the material and make portions of the minutes available to the public, per the attorney general's decision. Chapman told McDonald that the employee responsible for maintaining those minutes is on vacation for the next week, but he'd try to oblige McDonald's request nonetheless.

After the meeting, McDonald said he has growing concerns about the advice that Hite Ross' office provides the board. And he's frustrated, he said, that other board members don't question that advice more often. However, McDonald said he's not comfortable with simply rejecting all advice from the state's attorney's office.

“If my lawyer tells me to do this or don't do this — I tend to listen to them," McDonald said. "They are the lawyer. I'm not solid enough to say: 'You're wrong. You're a lawyer, but you're not right.' I'm not there yet.”

Isaac Guerrero:815-987-1361; iguerrero@rrstar.com; @isaac_rrs