One of These Things is Not Like the Other

Still on the subject of DeKalb’s service agreement with website designer CivicPlus.

There are two versions available: the agreement included in the February 9 agenda packet, and the version that Mayor John Rey signed on February 11.

No, they are not the same.

Yes, it is disturbing to think that we would be reading one version of a contract while city council votes on another.

They apparently continued to work on it after posting the agenda, and didn’t bother to update so the public could look at the same contract that council was voting on.

Another possibility would be that contract provisions were amended during the meeting, except there is nothing in the meeting minutes to indicate anything of the sort happened.

I’ll pull out an example of one of these differences between the two documents that I’ve found so far. Continue reading One of These Things is Not Like the Other

We Must Have a Do-Over of DeKalb’s New FOIA Policy

While there are several things wrong with the city’s new Freedom of Information Act policy when it comes to direct violations of FOIA as a law, there is also something larger and more insidious at work here.

What I’m talking about is that the FOIA policy item was placed as a resolution on the consent agenda of the meeting. The move side-stepped the obligation to hold first and second readings and have a final roll call vote.

An even more basic error is that the city is now writing resolutions where they should be crafting ordinances. The consequence is that there are now a bunch of rules that now ostensibly apply to us, that we can’t look up in the Municipal Code. If we don’t stop this trend, we’ll end up with a bunch of “handbooks” with rules that the public is expected to follow, but which much of the public can’t access, or perhaps won’t even know exist.

What’s the difference between a resolution and an ordinance? An ordinance is a permanent, enforceable local law. A resolution is a written statement of a municipality’s opinion, will or intent.

Here’s an example of a resolution. It has a lot of “whereas-es” explaining the intent to authorize an intergovernmental agreement, and more importantly it’s not trying to regulate Jen Q. Public.

I believe the city passed this measure as a resolution in order to avoid public discussion and to keep the provisions off the books and therefore out of the hands of people who would embarrass them about their missteps.

Here’s What’s Wrong with DeKalb’s New FOIA Policy

DeKalb’s city council both introduced and passed a Freedom of Information Act policy last night.

Yes, there was a rush to put into place a FOIA policy written by city attorney Dean Frieders, who is proven to have trod upon the Open Meetings Act previously. As you might well guess, there are also problems with the new policy, and by this I mean the city has placed a seal of approval on illegal acts. Continue reading Here’s What’s Wrong with DeKalb’s New FOIA Policy

Council Needs New Counsel

Sometimes we believe things that are completely false, and a lot of times belief holds strongest when it comes to having faith in professionals who, by definition, are supposed to have your back.

That’s what I think is happening with the DeKalb city council: They are trusting that what city attorney Dean Frieders says about the law is right. Well, they shouldn’t.

Today I’ll show you examples for why I have come to this conclusion, starting with the January settlement agreement with the Feds that was approved in secret. The city attorney says it was OK to do this because the city manager has the spending authority to sign contracts costing less than $20,000. I’m going to explain why it’s not OK.
Continue reading Council Needs New Counsel

Five Reasons to Believe DeKalb Tried to Hide DOJ Communications about Website Compliance Issues

Mayor John Rey had a guest column in the Chronicle this week. As is par for the course with City of DeKalb administrations, he calls criticism of the city’s actions “misinformation” and “rumors.”

There are two reasons people are upset. One is evidence that the city withheld information about the U.S. Department of Justice evaluation of DeKalb’s compliance with Americans with Disabilities Act. The other is the manipulation of information to create anxiety over a DOJ deadline, which enabled the proposal of a no-bid contract with an overly expensive, non-local, sole-source website designer that the city manager likes.

We’ll discuss the first reason today. Mayor Rey, after you: Continue reading Five Reasons to Believe DeKalb Tried to Hide DOJ Communications about Website Compliance Issues

AG Investigating Possible Open Meetings Act Violations by City of DeKalb

Early last month, DeKalb’s city council considered whether they should waive the usual bidding process and immediately sign a contract with a website designer who appears to be “besties” with the city manager. The reason for wanting to waive bidding? Staff claimed the city had a crisis foisted upon it by the U.S. Department of Justice following a recently completed review of DeKalb’s website. The DOJ had found the city non-compliant with Americans with Disabilities Act rules and had given DeKalb an ostensibly super-tight deadline for correcting the deficiencies.*

There is a whole lot to say about the discussion and multiple votes taken on this item and we may get around to saying it here, too.

However, today I want to concentrate on the negotiated, formal settlement agreement with DOJ that city seems reluctant to discuss explicitly in public meetings. Continue reading AG Investigating Possible Open Meetings Act Violations by City of DeKalb

NIU Must Think We Have Enough Info on College Town Partners Already

The latest in the College Town Partners saga is that NIU has apparently changed its Freedom of Information Act (FOIA) policy. It now favors heavy redaction.

The following is NIU’s response this week to a FOIA request made by Misty Haji-Sheikh of the north Fifth Ward group called Preserve Our Neighborhoods.

Click on the Twitter image for the full-sized view.

Only two bits of meaningful information are left: the subject matter and the recipient of the email. The city would have us believe that its newbie city manager wasn’t really involved in College Town Partners, but now one could reasonably assume Gaura has swum in the thick of things since early in her tenure — or perhaps even before that.

Let’s look at some more. Continue reading NIU Must Think We Have Enough Info on College Town Partners Already

Documents: College Town Partners NFP

For all of NIU’s having publicly “backed away” from a partnership for redevelopment with City of DeKalb et al last spring, it seems the institution had already secretly created a “charity” with a local developer and a banker in December 2013 for similar purposes.

The documents were Tweeted to me.

Continue reading Documents: College Town Partners NFP

DeKalb Taxpayers: Ready to Pony Up for a New Convention Center?

In July 2013, the city council of DeKalb approved the DeKalb City Center plan, an update of the 2007 Downtown Revitalization Plan.

One of the key components of the plan is:

Leverage TIF to study the feasibility of and potentially promote the development of additional City Center traffic generators, such as a hotel/conference center, children’s museum, bowling alley, movie theater, or additional dining and entertainment options[.]

Except that by the time the plan was approved, DeKalb had already begun leveraging TIF to study the feasibility of a downtown hotel and convention center.

And had already begun negotiating with a developer.

And was already talking about helping to close a “feasibility gap” with public funds.

Why haven’t you heard about this? It’s because of the city manager’s spending authority. The city manager can authorize up to $20,000 in spending without going to the city council for approval. In the case of the hotel/convention center, the first study — dated January 2013 — cost $12,000. A supplement was completed this year for $7,500.

How convenient.

You can look at some of the documents, obtained through the Illinois Freedom of Information Act, at the City Barbs Blog Facebook Group.

Latest on the College Town Partners FOIA Matter

Let’s start with a summary of events.

— The group now known as Preserve Our Neighborhoods (PON) was formed last spring in response to concerns that residents were not being included in DeKalb-NIU redevelopment plans that would directly affect them.

— Misty Haji-Sheikh of PON received unsigned documents from an anonymous sender regarding a corporation formed for the purpose of redeveloping the John Street neighborhood.

— The corporation, College Town Partners, was of public interest because NIU and City of DeKalb were named as partners in documents related to its purpose and operations.

— Haji-Sheikh asked NIU and City of DeKalb for documents related to College Town Partners under the Illinois Freedom of Information Act (FOIA). DeKalb denied her some of the information under an exemption to FOIA for preliminary drafts/proposals.

— Haji-Sheikh requested that the Attorney General’s Office of Public Access review DeKalb’s denial of information to ensure the city has used the FOIA exemption properly. The AG accepted this Request for Review.

— City of DeKalb responded to the AG’s request to provide the legal basis for using the FOIA exemption(s) but in an unusual move the city asked for — and received — blanket confidentiality of its response.

— Haji-Sheikh is allowed under the review process to respond to the city’s response and she did so even though she hasn’t been allowed to read it.

Michael Haji-Sheikh has provided Misty’s response to the AG via Twitter. Continue reading Latest on the College Town Partners FOIA Matter