Campton Hills board censures Blecker over release of closed session info

CAMPTON HILLS – Trustees voted to censure Campton Hills Village President Harry Blecker at their Oct. 18 meeting, saying he violated their trust when he spoke to the media about what was discussed in a closed meeting.

Blecker released information to the Kane County Chronicle about why the board held a closed meeting Sept. 28 to discuss hiring an outside law firm to pursue getting 140 acres of open space in the Fox Mill subdivision to be accepted by the Kane County Forest Preserve District. The issue is a 20-year-old unfulfilled land-cash requirement from Fox Mil, officials said.

Public bodies must hold meetings in public, but the Open Meetings Act allows a few exemptions, such as personnel issues, litigation that is probable, pending or immanent, or for the purchase or sale of land.

Village attorney Julie Tappendorf told the board there was no law against public officials revealing what is said in a closed session meeting.

“But the board has the right to set a policy for its own procedures,” Tappendorf said.

First they voted unanimously to create a policy asserting the confidentiality of closed meetings, including a warning that a violation “could result in censure of a village board member or appropriate disciplinary action against a village employee or other official.”

Then they voted to censure Blecker.

Trustee James McKelvie said when information is released that is not entirely true or complete, then the public can get worked up over nothing.

“I think it’s important to have integrity and I think it’s important to have trust,” McKelvie said. “We were counseled by our lawyer that we need to hold those closed discussions closed and sacred.”

But Blecker responded by saying when he ran for office, he promised open government and trustworthy leadership.

“If by censuring me, the board is trying to embarrass me – so be it,” Blecker said. “I have a clear conscience knowing I did the right thing and try to be a good steward of the residents’ money.”

Blecker said in the past five years, Campton Hills spent about $50,000 on the Fox Mill open space issue.

Blecker said when trustees held a closed meeting citing litigation as an exception, he believed it might have been a violation of the Open Meetings Act.

Blecker said a meeting may be closed to the public when litigation is filed, pending, probable or immanent – and that was not the case with regard to Fox Mill.

The board later voted in open session to hire an outside law firm for $6,000 – not enough money to substantiate pursuing a lawsuit, Blecker said.

“This again indicates that the litigation was not immanent or probable,” Blecker said.

Blecker said he would not take the issue to the Illinois Attorney General’s public access counselor, saying it would be “a waste of time” that would only embarrass the board, waste time and resources.

“I will not say more to break closed session and risk a future censure,” Blecker said. “I, too, have a personal agenda – that is to do the right thing for all the residents, not just a small section.”

Blecker said his actions may have pushed the forest preserve district and the homeowners association at Fox Mill to sit down and work out an agreement “without having to litigate this and cost everybody more money.”

When Blecker was finished speaking, the public present in the audience applauded him.

The board also voted to override Blecker's veto of its decision to hire Montana and Welch for $6,000 to work on the Fox Mill issue.

Blecker said he may have lost the battle when the board overrode his veto, “but I’ve won the war.”

“I got a meeting between the forest preserve and the homeowners association and the village has been invited,” Blecker said.