Open Meetings Act Violations Under Review In Mokena

MOKENA, IL — After three requests for review of violations of the Open Meetings Act by the Village of Mokena, the Illinois Attorney General's Office determined "further action is warranted," and it is evaluating the allegations, according to documents obtained by Patch.

The response from the Illinois Attorney General's Office was sent March 30, and asked the Village of Mokena to respond in writing to the allegations, so the attorney general's office can further evaluate, according to the documents.

The violation allegations concern the March 22 village board meeting, during which resident Mark Cerkvenik was denied "an opportunity to express his concerns to members of the board regarding a flyer that was mailed to village residents," the letter from the Illinois Attorney General's Office states.

Patch previously reported about the mailer and the March 22 meeting. At that meeting, Cerkvenik began to speak about the political mailer, but was interrupted by the village's legal counsel.

Village Attorney Stephen White said the meeting was not the forum for politics, and when Cerkvenik tried to continue to speak, he was eventually asked to leave.

• Mokena Slate Addresses Phrenology Political Mailer

Cerkvenik, who was one of the residents who filed the request for review, said he decided to file it for two reasons: freedom of speech and the belief that the village violated the Open Meetings Act.

Cerkvenik cited Mokena's rules of order for board meetings, one of which states, "no person may utilize public comment to campaign for election for himself/herself or on behalf of another."

"If you listen to the recording, I began my public comment on the piece sent by the Friends of Mokena slate that include[d] Mayor [Frank] Fleischer, Trustee [George] Metanias and City Clerk [Melissa] Martini, and when I was told I couldn't speak by the village's legal counsel and the mayor about elections, I then asked if I can speak about phrenology and racism, yet was further denied my right to speak for the allotted 3 minutes," Cerkvenick said. "In both attempts, I was not campaigning for election on my or anyone's behalf but was seeking to comment on the pseudo-science of phrenology and racism and make suggestions to address the underlying issues. In my opinion, this violated the Open Meetings Act."

The village provided a response in writing, as the Illinois Attorney General's Office asked, which states that Cerkvenik's comments were "electioneering communications."

The village provided Patch with its response, which states that, "the determination that such comments were electioneering communications was based upon the specific reference to the political flyer identifying candidates on the ballot made within 60 days of the election during a public meeting of the village which the speakers found offensive."

"No reasonable interpretation other than an appeal to vote against the candidates referenced in the political campaign flyer by the speakers existed," the village said in its reply.

Village Administrator John Tomasoski told Patch that the rules for public comment are displayed on the wall. A "welcome to a village board meeting pamphlet" is also available to all attendees at meetings, the village noted in its reply.

Cerkvenik also replied to the village's response, and said if he had been allowed to continue, he was actually supportive of the village board's and Friends of Mokena handling of financial manners, but against the use of phrenology.

Cerkvenik has spoken during public comment at the past few board meetings, and he said he has continued his comments on his concerns about racism and phrenology and has requested the "village leadership address race-related manners in a long-term systemic manner."

The Attorney General's Office will now review all the information, and make a decision on the allegations.

Patch has filed a FOIA request to the Illinois Attorney General's Office for documents pertaining to the request for review, but it has been extended several times.