SWAN Board:

I had an interesting discussion yesterday with the SWAN attorney Kathie Henn with Klein Thorpe Jenkins (KTJ). There is some background to this discussion that I will detail for you, but the gist of this is that Kathie would like to contact consortia which formed as an Illinois Intergovernmental Instrumentality (let me abbreviate this as an “I3” as we have taken to doing within RAILS). She is seeking clarification from the Illinois Attorney General Office if the Open Meetings Act applies to I3. The implications of this are important as Kathie noted it will determine how FOIA works for us.

Background:

This question came up when LIMRiCC was forming as a new entity. I believe it was determined that OMA applied to that entity.

Then recently this question arose from a new group that was formed as an insurance pool for libraries, called LIRA (Libraries of Illinois Risk Agency). During the incorporation of this group, the law office Ancel Glink gave the opinion that OMA does not apply to I3.

This is LIRA.

http://archive.constantcontact.com/fs122/1102339694985/archive/1115426817971.html

CCS also had received some affirmation of this *non-OMA* status from Jerry Dempsey at KTJ, but this was some time back. News to me. I had heard from Su Bochenski (CCS Treasurer) recently that CCS had difficulty with its executive committee achieving a quorum and the revelation of CCS and OMA came to light. She emailed me asking if SWAN followed OMA, to which my answer was “of course, we were told we had to!”

Kathie has noted that the Attorney General Office, “Public Access Counselor” (PAC) was approached to assist with providing clarification for LIRA, but has not received a response. Kathie believes that if several I3 organizations other than LIRA were to lend their support for seeking this clarification, the PAC would respond in a more timely manner (months, rather than not at all).

I gave Kathie the go ahead for SWAN. I suggested she reach out to Carol Dawe at LINC, but that I would let Don Myers (MAGIC) and Judy Hutchinson (PrairieCat) know first of the situation, which I have done.

Aaron Skog
SWAN Executive Director
125 Tower Drive
Burr Ridge, IL 60527
Phone: 630.734.5122
Fax: 630.734.5056
aaron.skog@railslibraries.info
http://support.swanlibraries.net