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| NSMA Attorney Recaps Federal Lawsuit and Naperville's OMA Violations |
August 3, 2012
Illinois Attorney General's office confirms that Naperville's Electoral Board violated the Open Meetings Act on multiple occasions, resulting in Naperville residents being denied the opporunity to vote on the controversial smart meter program that is now the subject of a federal lawsuit.
Tom Glass, Board Member of Naperville Smart Meter Awareness (NSMA), requested the review by the Attorney General's Public Access Bureau after the electoral board barred ballot access for Naperville residents.
"Naperville residents need to know the lengths the city is willing to go to to prevent them from weighing on this controversial project, including breaking the law," stated Glass.
City Attorney Margo Ely, who advised the Board and conducted the proceedings, has repeatedly stated that she disagrees with the findings. She suggests that the Board was exempt from certain rules by defining the proceedings as "quasi-judicial."
Ms. Ely is incorrect. Electoral boards considering petition challenges are excluded from the definition of "quasi-adjudicative body" according to the Illinois Open Meetings Act. (5 ILCS 120/2(d))
The Office of the Illinois Attorney General determined that when the City of Naperville's electoral board met in a closed session to consider the evidence presented during the petition objection hearings, they violated Illinois' Open Meeting Act.
It is shameful that the Naperville City Attorney would attempt to mislead the citizens of Naperville by misrepresenting the decision of the Illinois Attorney General.
NSMA finds these actions disturbing and reckless, as they appear to violate civil and constitutional rights to free speech and participation in government.
Local and State representatives across the country are making accommodations to address the concerns of their constituents, while Naperville continues to plow forward, offering its residents undesired options with huge penalties to protect their constitutional, property and safety rights.
"If the city is willing to minimize and rationalize their decision to prevent residents the right to vote on how their tax dollars are spent, what else are they willing to do?" asked Kim Bendis, President of Naperville Smart Meter Awareness.
Over 4,000 residents signed a petition asking for the following advisory referendum question to be placed on the ballot: "Shall the City of Naperville immediately and permanently stop the installation of "smart" meters and dismantle all related equipment?"
Click here to see local news coverage of the Open Meetings Act determination.
We have yard signs and car magnets to help spread the word to the rest of the city and surrounding area. Please email or call us to request one:
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