Symposium Focuses on Trust and Transparency

The theory of "Building Trust through Transparency" was learned and illustrations of how

Nearly 50 people registered for the special event, held at the Westin Lombard Yorktown Center. It was open to school board members who have achieved membership in the School Board LeaderShop Academy, and their superintendents. The event is one of the benefits of Academy membership, designed to promote and recognize board member efforts toward continuous learning and professional development.

See photos from the event HERE.

The keynoter was former state lawmaker, author and newspaper publisher Jim Nowlan. He called for school boards to be "seen through" their workings and giving the public the best chance of ensuring fairness and knowledge of public business.

Nowlan, who served as an Illinois representative and once ran for lieutenant governor, said state meetings and records laws ensure access, participation and accountability and serve as a "strong antiseptic" against corruption and undue influence, something he said Illinois is widely known for.

In practical application, Nowlan also acknowledged that the practice of open meetings and public access is not easy to balance with political realities. He noted, for example, how the health care plans promoted by Presidents Obama and Clinton were assailed, even though the former made his campaign public and the latter tried to accomplish his with mostly private policy maneuvers.

Nowlan, who served as an advisor to Governors Ogilvie, Thompson and Edgar ("not one of whom was indicted"), noted that the state's legacy of political corruption continues, in spite of well documented investigations and successful prosecutions of the violators.

"Corruption has become part of our political culture and values, which makes it so difficult to change public perception and attitude towards it," he said.

Because school boards are often the most visible government body in smaller communities, Nowlan said their members take significant flack whenever there appears to be a reluctance or hesitation to release information. These may be "conscious or subconscious" decisions, but the reaction is often immediate and vocal.

He acknowledged that it's difficult for school board members to separate themselves from the school board, especially after a vote is taken on an issue that is contested or debated. "You can't disguise your membership as a board member, even if you disagree," he said.

Also featured was a panel on the legal compliance with the Open Meetings Act and Freedom of Information Acts. Presenters included Merry Rhoades, attorney with Tueth, Keeney, Cooper, Mohan & Jackstadt, P.C., and Cara Smith, public access counselor for the Office of the Illinois Attorney General.

Rhoades reviewed some of the implementation problems and challenges raised by the state's new FOIA law. One recurring issue is reconciling the "date received" and the "response date" for FOIA requests. Because requests can be delivered by phone voicemail or email messages, or when school officials are absent, it doesn't relieve the district from complying on time.

Her best advice was to take the most conservative approach to avoid the potential for challenges or litigation.

Smith acknowledged that most school boards are doing a good job with complying with the tougher requirements and meeting the spirit of the law. "If you have nothing to hide, just put it out there, and let them have had it," she said.

As the state's first-ever Public Access Counselor, her office is handling a large volume of requests from all public bodies needing a ruling on FOIA requests, i.e., what information is sought and what response is needed, if any. "The numbers (of requests) may not have gone up, but it does take much more time to review them," she said.

She also acknowledged that the FOIA law and office is in its infant stage and there have been no reported court decisions on new privacy standards. "It's new for the A.G.'s office too. Although we have had a FOIA law since 1985, the stakes just got much higher if we get it wrong."

Smith also reminded board members that training is now mandatory for local FOIA officers and the deadline for completing that training is June 30. She also suggested that additional members of the school staff become familiar with the new laws.

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