Darien Officials Debate Alderman's Remote Attendance

DARIEN, IL – Darien Alderman Eric Gustafson stays in Canada for a time each year. So he has asked to take part in meetings remotely.

The debate over whether to allow Gustafson, who represents Ward 6, to attend by phone has played out largely behind the scenes.

Earlier this month, though, the City Council took up the issue and declined to let Gustafson participate by phone.

Through a public records request, Patch obtained correspondence about the issue.

In an email last year, Gustafson told the city's attorney, John Murphey, that he was working at his daughter's cabin.

"I am working 7 days a week for 12 hours a day," Gustafson said. "I assure you this is not a vacation and no different if I was employed by an independent business."

The state Open Meetings Act permits remote attendance in limited cases, including for employment purposes.

But Murphey interprets that to mean situations in which an alderman's employer is requiring him to be out of town for work. He said this is the "common-sense application" of the term, "employment purposes."

In a message last year, Gustafson wrote to the attorney that he "respectfully" disagreed.

"So what do you call working 14 hours a day, seven days a week," the alderman said. "In my book, this is work. Just because I am working for my daughter doesn't mean it is not work. Is my daughter less important than another employer?"

About a month later last year, Gustafson reported he was working for Cal Ritchie's Eagle Lake Guide Service in Ontario.

He said his employment involved exterior landscape work on an Eagle Lake cabin, saying his shift was 7 a.m. to 9 p.m. seven days a week. But he said he could take off time for City Council meetings.

In response, City Administrator Bryon Vana said given the additional information, Gustafson could take part remotely. Gustafson attended one meeting that way.

This spring, Murphey reiterated his advice about Gustafson's remote participation. He said Gustafson was ineligible.

In April, the council also discussed the issue in a work session that took place just before its televised meeting. Aldermen indicated they agreed with Murphey's advice.

Earlier this month, Gustafson said he would contact the attorney general's office. He later said he did, but he had nothing in writing.

"I spoke today with an attorney from the Illinois Attorney General’s office," Gustafson said in a June 2 email. "He indicated it is up to the other 6 aldermen to vote to allow me to attend the council meetings remotely. Not the opinion of the city attorney. I am requesting this vote take place early enough tonight for me to attend tonight’s meeting."

The council did not vote on Gustafson's remote attendance last year. But at the June 2 meeting, Mayor Joseph Marchese sought a motion and a second from aldermen to allow Gustafson's attendance by phone. No one stepped forward, meaning Gustafson could not take part.

Gustafson said he wanted to participate because a developer proposed a four-story apartment building as part of the Chestnut Court shopping center. The project would be in his ward, and residents there opposed it.

Gustafson later told Patch he was against the apartment complex; his colleagues all supported it. The developer withdrew the apartment part of the plan a week later.