(please listen to the audio to understand the context of this statement about God and science – the Board member was positing a hypothetical scenario)

Nearly six months after unlawfully closing a meeting to the public, the Yorkville Community School District 115 Board of Education has finally agreed to release the audio recording of that meeting.

The matter that was closed to the public on August 7th, 2023, was a discussion about prohibiting the use of the book Just Mercy: A Story of Justice and Redemption by attorney Bryan Stevenson from being used in the curriculum.  The book focuses on injustices in the United States judicial system and documents Stevenson’s efforts to overturn the wrongful conviction of Walter McMillian, a black Alabama man who was convicted of murder in 1988 and spent six years on death row before an appeals court finally overturned his conviction.

Multiple complaints about the Board’s closed meeting were sent to the Illinois Attorney General starting in September of 2023, but the Board had their legal team fight the allegations.  On December 27th, the Attorney General determined that the closed meeting was unlawful and ordered that the meeting recording be released to the public.

Check CU sent a Freedom of Information Act (FOIA) request for the recording on January 1st, but the District’s FOIA Officer, Cathy Anderson, denied that request and would not respond to our follow up email which was sent on January 11th.  On that same date, District Director of Communications Brent Edwards issued a press release about the illegal closed meeting, saying that “Relevant documents concerning this matter were released to the public with appropriate redactions in response to Freedom of Information Act (FOIA) requests, in the interests of transparency.”  Edwards failed to mention that they had just denied a FOIA request for the meeting recording.

 On January 17th, Edwards sent a demand letter to Check CU, requesting that we alter one of our news articles about the illegal meeting.

The Board of Education held meetings on January 9th and 10th, but did not bother to address the Attorney General determination at either of those meetings.  Instead, they waited until January 22nd, when they finally agreed to comply with the AG’s order to make the recording publicly available.

Check CU sent another FOIA request for the meeting recording on January 22nd.  Initially, FOIA Officer Anderson refused to provide the recording electronically, arguing that it needed to be sent on a flash drive by US mail.  We created a shared Dropbox folder as an easier cost-free method of conveyance, but at first Anderson refused to use that method, saying, “We are only providing the recording on flash drives.”  It took several days and a total of 17 emails to gain compliance, since Anderson repeatedly provided the wrong files, but we eventually received the correct file on January 29th

Update 1/30/2024: we just received records in response to a January 17th request seeking FOIA officer training certificates.  Records show that Cathy Anderson as well as Kreg Wesley (Executive Director of Finance & Operations) were appointed as FOIA officers by the Board of Education on May 8th, 2023.  State law requires FOIA officers to complete training within 30 days of appointment.  However, Wesley’s training certificate is dated January 18th (the day after we asked for it), and Anderson’s training certificate is dated January 25th, 2024 – eight days after we asked for it.  Anderson had also issued a 5 day extension on the morning of January 25th, apparently to give herself time to complete the training.  It seems District FOIA officers only complied with the mandatory training because we asked to see the certificates.  When Anderson provided these records, the training certificates were inexplicably buried under 70 pages of other records that we did not ask for, but which the District provided anyways.

The closed session recording of the Yorkville Community School District 115 Board of Education meeting on August 7, 2023 is provided below.  We have refined the audio to remove some noise, and used a transcription tool to create subtitles.  However, due to the poor audio clarity, the transcription has a number of errors throughout, so please don’t rely on the transcribed text for exact quotes.

This document shows our (most recent) frustrating attempts to acquire the audio recording:

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