Questions raised about legality of county board meeting

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EDWARDSVILLE — After fielding a number of questions from both the public and board members regarding the legality of Monday’s Madison County Board reorganizational meeting, Madison County State’s Attorney Tom Gibbons has reached out to the Illinois Attorney General’s Office for advice.

Gibbons said Tuesday afternoon his own office is also researching the issue, which arose because new Madison County Board Chairman Kurt Prenzler handed over the running of the meeting to outgoing board member Stephen Adler.

Adler had been expected to be approved as the county’s director of operations at the meeting, but approval of appointed department head was postponed.

After a brief statement at the meeting, Prenzler said Adler would run the meeting because he has more experience. Prenzler said nothing else publicly throughout the meeting, but occasionally whispered to Adler.

The legality of Adler presiding has been questioned.

“My office has been asked by several county board members to give an opinion of the legality of the meeting last night,” Gibbons said Tuesday afternoon.

Gibbons said he believed Adler’s term as a county board member technically expired at 5 p.m., meaning Adler was not an elected or appointed county official when he ran the meeting.

Gibbons said according to county ordinances the only two people who can preside over a county board meeting are the board chairman and the chairman pro tem, who is a member of the board appointed by the chairman and voted on by the rest of the board.

Normally appointing a chairman pro tem is the first action the board takes after swearing in new members, according to Gibbons. He also said that in the event both are unavailable, there is a procedure for appointing a temporary chairman pro tem.

Prior to Monday’s meeting, Gibbons said Prenzler notified him that Adler would run the meeting. Gibbons said he advised Prenzler that was not the proper procedure according to county ordinances.

“I can only offer and make available advice, the choice is the chairman’s,” Gibbons said.

“There’s a proper process for doing all these things,” he added. “These rules are very simple, very straightforward, as long as you go by the book you’re fine.”

Prenzler said late Tuesday afternoon that although Adler ran the meeting, he (Prenzler) was still presiding over it.

He also said Gibbons “should have spoken up at the time.”

In addition to swearing in new members, the only substantive action at Monday’s meeting was the swearing of Candance Gilstrap as interim treasurer.

Board appointments are to be considered at a special meeting that had been announced for 5 p.m. Thursday. Prenzler said board members would be given a list of committee assignments before that meeting.

The agenda also includes the appointment of Doug Hulme as county administrator and Rob Dorman as IT director.

Reach reporter Scott Cousins at 618-208-6447.