TRANSPARENCY, SECRECY AND SNOOPING

The ongoing controversy over the actions that the John A. Logan College Board of Trustees took, behind closed doors, March 3, continues.  This Sunday, the Southern Illinoisan mocked the Board's claim of the "sanctity" of the executive session, pointing out that if students were to behave as Ms. Husch claims the Board did, the students would be in violation of the student conduct code. 

According to Ms. Husch, another Board member said, “You want to talk about poor decisions? Well, here’s the poor decisions of Brandi,” as the Board member presented a folder with evidence of past mistakes Husch had allegedly made.  What was in that folder?  More importantly, where did the information come from?  If it was academic, and part of her record, accessing the information was a violation of the Family Educational Rights and Privacy Act.  If it was of a medical nature, it would be a HIPPA violation.  If it was of a criminal nature (no matter how small an offense) how would a Board member obtain such information?  Some arrests and convictions are public records and can be obtained by anyone on the Internet.  Some police reports can be obtained via FOIA.  However, if they were obtained outside standard protocol required of any citizen, then that brings up some questions.  Were they obtained by calling friends within law enforcement?  If so, and if this violated any laws protecting a citizen's records, the violators must be exposed and prosecuted to the fullest extent of the law.  Would any current Board members have the opportunity to do such a thing?  Who could it be?

Lets, for the sake of argument, assume two things.  One, that Husch is telling the truth and, two, that the information in the folder was obtained legally.  Revisit the description of the action in that room. 

• "this same board member then produced a folder that documented some...past personal mistakes."

 

This public body spends tax dollars.  It employees hundreds of people.  A folder was produced for the purposes of intimidating a fellow Board member.  Husch was a student trustee; her vote was merely advisory.  If they would do that to her, what might they do to other Board members?  Has this happened in the past?  Has it influenced votes?  Has the use of folders with incriminating information been used outside of Board meetings?  Have members received visits at, or phone calls to, home? 

 

Maybe this was the first time.  Even so, can the message be lost on other Board members?  Get in line, or we'll embarrass you.  If this kind of intimidation has taken place, what about other kinds?  Has the employment of family members been threatened?  Has the employment of Board members been threatened through the political connections of the dominant Board members? 

 

This is serious stuff and the citizens, tax payers and voters of the John A. Logan Community College District need to pay attention.  Oddly, as serious as this is, the Chairman's and the legal counsel's reactions have been laughable.  The word "sanctity" will become lore in southern Illinois.

 

Patrick Hewson, the College's legal mouthpiece, told WPSD-TV that "When things are discussed in executive session, things can get heated".  Well, yes, sometimes when people get excited they raise their voice.  But, do they spontaneously produce a folder of documents?  Hewson, in his full statement said that the Board relies on Roberts Rules of Order, and it is this, not the law that should silence Husch.  Really?  Roberts Rules of Order prevents the transparency of a public body?  Roberts Rules of Order isn't taken that seriously in an 8th grade student counsel.  Hewson says members have an obligation to remain mum, just not a legal obligation.  But, isn't that the only kind a lawyer is paid to opine upon?