***UPDATE 4/8/2021: After writing the original post, I decided to phone the Public Access Counselor (PAC) of the Attorney General’s Office to discuss possible Open Meetings Act implications of the incident described in it. Following the discussion, I filed a Request for Review and today I was notified that the PAC has accepted the request. Below is a copy.2021-RfR-67673-FI-letter
The TIF forensic assessment revealed that City of DeKalb was unable to locate documents the auditors asked for, even basic records like invoices. We will never know whether the city lost invoices or just paid the developers without bothering with them. But here’s a clue: careless handling of contracts worth more than $180,000, to be paid out of TIF funds, occurred during a council meeting just last week. At minimum, the handling lowered their visibility.
Consideration versus Resolution
The March 22, 2021 DeKalb city council meeting agenda has separate sections for considerations and resolutions. Here’s the first consideration:
1. Consideration of a Contract with Gehrke Construction for the Repair and Remodeling of Fire Station One in the Amount of $139,205.00.
And here’s the first resolution on the same agenda.
1. Resolution 2021-023 Approving a Second Addendum to the Non-Exclusive License Agreement for the Installation of Underground Fiber Optic Facilities within the Public Right-of-Way (Dated June 15, 2010) for the Expansion of the Annie Glidden North Broadband Infrastructure Project.
Two things distinguish a resolution from a consideration: level of detail and a unique identifying number. A consideration is a discussion item only, meant as a way for city staff to take direction from the council on next steps, which might eventually include a resolution. A resolution, on the other hand, is an action item and is a detailed document by necessity. It must have a title detailed enough for a reasonable person to understand what council is voting on, and more details in its body, such as authorizations and other assignments for executing the action.Continue reading How to “lose” TIF documents