SAUK VILLAGE | After months of back and forth and delays by Mayor David Hanks, the Public Comment Ordinance finally had a vote, after over 30 minutes of debate, and the vote failed 4 to 2. Trustees claim that the recommendations by the Ordinance Committee were just too restrictive and did not go far enough to permit the public to comment. Trustees also said that it essentially this was the same ordinance already on the books.
Originally Trustee Cecial Tates introduced the idea of expanding public comment during Village Board Meetings to any topic on the agenda. Currently the rules only permit Public Comment on "agenda items only" during the Village Board meetings held on the 2nd and 4th Tuesday with Hanks routinely telling residents "that is not on the agenda" and that they he would not permit the question or comment to be stated. There are currently two pending complaints filed with the Illinois Attorney General regarding Sauk Village's Public Comment period which are still under review. Another recent incident of the public getting shot down was School District 168 Board President Philip Bazile who was told he could not address the Village Board concerning matters involving the School Board.
Trustee Derrick Burgess introduced the original Ordinance to the Trustees about six months ago. The ordinance which Burgess introduced at that time merely did away with the restriction which only allowed public comment on agenda items only. "Look the Attorney General and the Open Meetings Act laws are clear, they state that the public has a right to comment during our Village Board meetings. We do not have a legal right to restrict public comment" Burgess said following the meeting.
Trustees Burgess, Tates and Kelvin Jones were joined by Lynda House in voting against the measure while Trustees Ed Myers and Rosie Williams (who voted by phone) supported the move which virtually kept the same ordinance in place. The ordinance which failed did add new provisions imposing penalties to the public who violated the ordinance. "I do not believe people want to be arrested for coming to a Village Board meeting, speaking their mind because it violates David Hanks' petty, capricious and arbitrary rules" Tates said after the meeting.
Burgess offered an alternative Ordinance, which took the Village's original ordinance and merely did away with the language "on agenda items only". Burgess said that it was the exact same ordinance which was drafted by the village's current Attorney when it was originally passed. Tates suggested that since the issue is on the agenda the Village Board should vote on the Ordinance offered by Burgess. Village Attorney Matthew Burns of Odelson and Sterk said that the vote on Burgess' proposed Ordinance would not be proper because it was not on the agenda. Tates disagreed and said that it's the same ordinance and same action. "If one Ordinance does not pass and the other does then there is no violation of the law" Tates said. Burgess wants the matter on the Village Board's Committee-of-the-Whole meeting for next week with a vote to follow the week after.
Hanks believes that the Ordinance needs to go back to the Ordinance Committee. Burgess said it does not that the Board does not accept their recommendation. "The Board voted 4 to 2 and does not accept the recommendation of the Ordinance Committee, why send it back to them other than to delay another vote and delay the public's questions. What is he (Hanks) afraid of"? Burgess said following the meeting. Myers agreed that the Ordinance Committee already looked at the matter gave their recommendation.
"Many public bodies do not need to adopt the recommendations of committees, this Village Board is no different. We need to allow the public the opportunity to speak to their elected officials. They have delayed this, and put more road blocks to deny the public their right to speak" Tates said following the meeting.
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