Danville Mayor Rickey Williams and the Danville City Council violated the Open Meetings Act (OMA) at several of their meetings last year, according to a determination letter issued by the Illinois Attorney General (IAG) last month.
The citation, issued by Assistant Attorney General Teresa Lim on December 10th, 2021, affirmed the allegations of OMA violations made by Check CU Founder Christopher Hansen, and rejected the subsequent arguments of Danville City Attorney James Simon.
The IAG Public Access Counselor (PAC) is responsible for handling requests for review on issues of OMA and FOIA, and for providing determinations of compliance or violation. After reading Hansen’s request, AAG Lim initiated an investigation. After reviewing the counter-arguments of James Simon, Lim determined that Mayor Williams and the Danville Council had violated the OMA by failing to conduct their meetings and votes in accordance with state law.
The Mayor and Danville Council failed to hold their virtual meetings with at least one official physically present at their regular meeting location, and Mayor Williams unlawfully directed the Council not to take roll call votes for some agenda items. From AAG Lim’s determination letter:
“There is no exception to the requirement that one person physically attend the meeting if the building was closed because of inclement weather rather than the disaster. Accordingly, the City Council has not demonstrated that it was unfeasible under section 7(e)(5) to require some physical attendance by its members or city employees at the February 16, 2021, meeting.”
“Because it is undisputed that the City Council voted on some agenda items by voice votes rather than roll call votes, this office concludes that the City Council violated section 7(e)(6) of OMA.”
Though new Danville City Attorney James Simon was aware of these OMA requirements (he had recited them multiple times at various City of Urbana meetings before resigning his position there), Simon apparently did not properly advise the Danville Council. In fact, in his rebuttal arguments to the PAC review, Simon attempted to argue the very opposite of the advice he had previously dispensed to the Urbana Council. Simon argued that inclement weather and the nature of the votes taken allowed the Danville Council to deviate from the OMA law.
At their April 6th, 2021 meeting, Mayor Rickey Williams and the Danville Council were warned during public input that the Council was not properly adhering to the OMA. They were also warned that James Simon has frequently demonstrated gross incompetence as Urbana’s City Attorney. Instead of addressing those concerns, Mayor Williams made disparaging comments and dispensed lies about the speaker, and he refused to permit the entirety of the public comment to be heard at the meeting.
It would seem Mayor Williams desires to cover up OMA violations by committing further OMA violations. The PAC is now also investigating Mayor Williams for unlawfully restricting public speech, but has not yet issued a determination.
The unlawful conduct by Mayor Williams appears to have been at the direction of James Simon, which is not surprising since Simon directed the Urbana City Council and Mayor to commit exactly the same types of OMA violations (censoring public comment) as well as countless FOIA violations during his time there.
The Illinois Attorney General determination of Open Meetings Act violations by the City of Danville was issued on December 10th, 2021, labeled 2021 PAC 67737, and can be viewed here (click image for full 5-page PDF):
What was unlawful voted on during the meetings the OMA violations occurred?
Corruption runs rampant throughout the United States. Public officials everywhere are abusing their power every day! I for one have lost complete trust in any government official at this time. Voting is essential to vote out every Democrat or Republican who has been in office for more than four years. Out with the old and in with the new. God help America!