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Friday, November 7, 2008 12:32 AM CST

Latham mayor quits amid accusations of board has failed to follow Open Meetings Act

By KENNETH LOWE - H&R Staff Writer
 
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LATHAM - Mayor David Woodside resigned Tuesday amid an investigation by the Illinois Attorney General's Office and a civil lawsuit that allege the Latham Village Board has failed to make public its agenda for the past year.

Village board member Terry Williams said the resignation came unexpectedly, with no prior notification to board members. Williams said members of the board arrived at the village hall to find sets of keys piled on a desk and a note from Woodside telling board members he had resigned.

"He didn't even stand up and address the meeting," Williams said. "There was a note saying it was best for him and his family if he resigned."

Woodside said his decision to step down was over conflicts with the village board and because he felt it was in the best interest of his family.

"They wanted to be more involved in the small, petty stuff that happens around town here and didn't want to get involved in the big, long-term picture," Woodside said. "I felt like I was just beating my head against the wall and had had enough."

Board member Wayne Johnson resigned immediately afterward, Williams said. Board member and Mayor Pro Tempore Jason Potter will take Woodside's place until the April election. The seven-person board, which includes the mayor, is now two members short.

Williams said the board must appoint two new board members.

Latham resident Carl Krall notified the Illinois Attorney General's Office of failure on the part of the village board to publish the agendas of their meetings in advance in accordance with state law, staff confirmed.

"The materials received by this Office allege that the Village has repeatedly failed to properly post notices and agendas of its Board meetings from at least August 2007 through the present," Amanda M. Lundeen, assistant public access counselor in the attorney general's office, wrote in an Oct. 3 letter to Woodside.

Krall also filed a civil lawsuit Tuesday against Woodside and the village board in regard to the unpublished agendas, according to Logan County Court records.

Krall declined to comment on either the attorney general's investigation or the civil lawsuit.

In a Nov. 3 letter to the village of Latham's attorney, Scott Garwood, Lundeen said the Attorney General's Office suggested village officials undergo "educational training" about the Open Meetings Act, a law that requires all governing bodies to publish their meeting agendas at least 48 hours prior to a meeting.

The letter also acknowledged Garwood had responded to the attorney general's allegations and did not deny the village failed to make public its agenda since August 2007.

Woodside said previous administrations have been looser in their adherence to the meeting agendas, and he felt word traveled well enough in the small town.

"We're a town of 400 people," Woodside said. "Everyone knows when the meetings are, where the meetings are, and usually most people know in advance what is going to be discussed. It didn't seem like it was an issue."

Without their business officially published, Williams said, the village board will need to vote again on almost all business that has transpired over the past year.

"We're going back to August of 2007, and we have to revote on everything we've done because of the violation of the Open Meetings Act," Williams said. "We've got to call a couple of special meetings to take care of the most pressing matters."

Williams said Woodside should have fulfilled his duty to publish the agendas.

"Our mayor should have seen this coming," Williams said.

klowe@herald-review.com|421-7985

 

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