The Public Access of the Illinois Attorney General’s Office has determined the Macoupin County Board technically violated the state’s Open Meetings Act on March 26 when Board Chair Larry Schmidt used a text message to solicit the opinions from 15 of the board’s 18 members about whether or not he should step down from the chairmanship.
In a letter dated July 2 to the County Board and Chelsa Pruden, Staunton, who filed the initial OMA complaint, Matthew Goodman of the Public Access Bureau confirmed the board violated the OMA but does not assess any penalty or punitive action. The Attorney General’s determination, however, does require the board to publicly disclose a verbatim copy of the text messages exchanged by some of the board members and Schmidt on March 26.
Those texts were made public during a meeting of the Macoupin County Board this week.
At issue was whether or not the text messaging represented “contemporaneous interactive communication” among a majority of a quorum.
While court cases nor legislation has legally defined what constitutes “contemporaneous” communication, Macoupin County State’s Attorney Jordan Garrison told the board his assessment was that the Public Assess Bureau used one hour as a standard for defining “contemporaneous.”
“If the messages had been spread over two hours or over several days, it probably would not have been a violation,” Garrison said.
In his letter to the board, Goodman states that Schmidt sent his original text at 5:03 p.m. Only seven of the 15 members Schmidt contacted responded, with replies coming between 5:05 and 5:58 p.m.
During the board’s Tuesday night meeting, the text of the conversation between Schmidt and board members was made public as follows:
Larry Schmidt (5:03 PM): As most of you know I caused quite the controversy with a personal statement I made on facebook. I was referring to Anheiser Busch not funding the Gay Pride Parade this year in which I was in agreement. I chose poorly on my words and it sounded worse than intended. They tied it in with me being county board chairman. I am truly sorry and regretful this happened. I am willing to suffer the consequences. Here are the options…
Let it ride and see what happens
Resign as chairman and stay as district 5 as a member
Resign from the board all together.
I am so sorry for getting you into this mess. Let me know your thoughts. I am not homophobic in anyway and I do not let personal beliefs interfere with my official duties on any job I have had. Let me know your thoughts.
Kristi Dunnagan (5:05 p.m.): Agree!
James lbberson (5:07 p.m.): Let it ride, Larry.
Aaron Stayton (5:07 p.m.): Let it ride. It will settle down.
Bernard Kiel (5:12 p.m.): Let ride in my eyes you’re a very good chairman.
Leann Barr (5:14 p.m.): I do not know the comment, but sounds like it was taken out of context and you reiterated you do not let personal beliefs interfere with official duties. You have your answer. Do not resign and let it ride.
John Trevino (5:19 p.m.): Same Larry, let it ride you have my support.
Robert Wiggins (5:55 p.m.): Hey we made it thru the “cat season” with just a scratch. We’ll get thru this. People need to lighten up. You’re doing great. (Dunnagan responded to this message with “Haha.”)
Todd Armour (5:58 p.m.): A little grace goes a long way. Larry gave me grace, I’m giving it back!
The controversy stemmed from a comment posted on the KMOV Facebook page in regard to Anneheuser Busch withdrawing its support of the St. Louis Pride Parade. “You can be queer, but you don’t need to march in the streets to show off your disability,” Schmidt posted. LGBTQ+ advocates claimed the comment was part of a pattern of anti-gay/trans rhetoric previously posted by Schmidt. During the April meeting, Schmidt apologized for the comment and said he had deleted the post.
Upward of 100 protestors appeared before the April meeting. Those protests have continued every Tuesday since that time, though the focus has shifted to anti-MAGA sentiments.
During the April meeting, John Blank and Holly Klausing both condemned Schmidt’s remarks. Notably, Ryan Kilduff noted he was not contacted by Schmidt and alleged the text messaging did, indeed, constitute an illegal meeting of a quorum.
Pruden filed her complaint shortly after the April meeting. The board retained attorney Peter C. Drummond to respond to the complaint to avoid potential conflicts of interest with the Macoupin County State’s Attorney’s office. Drummond argued that the text messaging did not constitute a “meeting,” and since no legislative action was taken, there was no remedy if the Attorney General found a violation.
In an unusual move, Schmidt also filed a response to the complaint even though the complaint cited the board, not Schmidt individually.
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