Lawyer Defends Hinsdale D86 Handling Of Closed Meeting

HINSDALE, IL – An attorney for Hinsdale High School District 86's board defended the handling of a closed meeting Thursday night.

Until the meeting, the board kept secret from the public the legal exception under which it would close the doors.

The board is not legally required to inform the public of the exception on the meeting agenda, which the district released two days earlier. But most public bodies release such information. And District 86 used to as well. It is unclear why it abandoned the practice.

Given that the board's majority is changing in four days, it was an unusual time to hold a closed meeting.

During public comments, resident Dale Kleber, an attorney, said it would be illegal for the board to go into closed session without stating an exception.

But Felicia Frazier, an attorney with the Odelson law firm, which represents the district, said the board only had to give an exception right before the closed session.

Kleber replied that it was best practice to state an exception on the agenda.

"I'm not saying you have to do it," he said. "You leave the public guessing if you don't do that."

"I get that," Frazier said. "And that's something some boards do."

After the exchange, board President Catherine Greenspon listed two exceptions to close the doors under the Open Meetings Act. They were union negotiations and pending, probable or imminent litigation.

The board voted unanimously to close the doors, emerging about an hour later.

No action was listed on the agenda. The board can make no final decisions in a closed session.