Oak Brook Agency Stands By Falsehood On Criminal Penalties

LA GRANGE, IL – The Oak Brook park board is standing by its attorney's legal falsehood that members could face criminal penalties if they reveal what is discussed during closed meetings.

No provision in state law criminalizes such releases of information.

On Friday, Patch asked the board's president, Sharon Knitter, whether her position is that such penalties exist.

In response, Knitter said, "Personally, to me, it doesn’t really matter. Closed meetings are closed for many reasons, and those meetings should be held in confidence regardless of the penalties. Just the way I roll."

Earlier this month, Patch reported on the statements of the park district's lawyer, Steve Adams of Chicago-based Robbins Schwartz, who issued a warning in a May closed session. (The board later voted to release the minutes and recording of that meeting.)

"You violate the Open Meetings Act if you speak about things occurring in closed session. The penalties are civil and criminal," Adams said.

In an interview, Adams stood by his statement.

"I can't point to a criminal prosecution. You can't say it will never happen. You can't rule it out," he said.

In his comments to the board, Adams referred to the Open Meetings Act. That law includes no criminal penalties for disclosing closed session discussions.

Asked whether he knew of any such provisions in state law, Adams did not provide any.

Prompted by Patch's story, the board voted 3-2 last week to revise the minutes. It removed a part of the minutes attributed to Adams that seemed to go beyond what the lawyer said.

The minutes state that Adams issued a "grave warning" to members that any disclosure of information from closed meetings would constitute a breach of confidentiality.

Such a "breach may be subject to prosecution under federal and state perjury laws," the minutes said.

"Any individual found to have violated this confidentiality would face arrest and be prosecuted to the fullest extent of the law," according to the minutes.

While the board removed that language, it kept the part about criminal penalties.

Members Tina Chan and Mario Vescovi voted against the revised minutes.

"I voted no because the civil and criminal threats that Steve Adams made were included in the approved minutes, there was no need to change it," Chan said in an email last week to Patch.

In other places, elected board members get reprimanded for revealing closed session discussions. But no one has suggested penalties.

In Burr Ridge, then-Trustee Zach Mottl angered his colleagues in 2021 when he spoke about the employment situation of the village's then-finance director. The trustees were looking to quietly ease out the official. Mottl was talking about what was discussed behind closed doors.

More recently, a Naperville school board member was reprimanded by her colleagues, who accused her of divulging closed session material.