Recently, Judge Barra ruled that the Open Meetings Act was violated when an audio tape of the March 8, 2006, closed session Park Board meeting was erased. Joyce McLemore is the Secretary of the Board for the Peoria Park District, and she was the one who erased the tape. I suggested in a comment to an earlier post that I would try to get a copy of her confession.
Here it is. In a statement filed in the Alms/Partridge court case, McLemore gives this explanation of why she erased the tape (click here for PDF of document):
Words can’t express my regret when I tell you I have made a mistake with respect to the executive meeting back-up tapes. After the June 14 release of closed minutes, I cleaned up and organized the written and tape files. Feeling I could do so, I discarded discussion tapes associated with the written released minutes. I felt I had this backlog of tapes, starting in January 2004, and I systematically worked through the list of released minutes to match up with the corresponding discussion tapes, which tapes I marked “released”. I have been Board Secretary for over 6 years, and before that I worked for the District as Recreation Secretary for 17 years. I’ve always felt confident in my handling of Park District confidential records. Until July 26th, when Attorney Konsky was updating you on the Alms/Partridge lawsuit, I had been oblivious to my mistake. Realizing the tape record you were discussing couldn’t be transcribed because of what I had done – it hit me like a ton of bricks.
On Monday, July 31st, I told Bonnie of my mistake, and Attorney Konsky. At Attorney Konsky’s request, I have inventoried the tapes in storage, to determine what records are gone.
I am solely responsible for this huge mistake and it will not happen again. Whatever I need to do to account for it, I will do.
I know the perception of bungling these tapes will be out there, and I do not want the District and Board to be blamed. Please know I would never purposely put you or the District in the position I find myself in. It was a thoughtless mistake on my part, but an honest one.
To guard against future mistakes I will:
-Use only one side of one tape, per recording
-I will inventory tapes on a semi-annual basis, as I have always done with the formal written minutes.
-At no point will I attempt to organize or clean up the back-up tapes unless directed to do so by this Board.
-I will continue to store the tape records in the safe along with the confidential minutes.
-I will ask for an outline or plan of action for release of the confidential tape records from Attorney Konsky.August 7, 2006
V. Joyce McLemore
Secretary of the Board
Peoria Park District
Note that there’s no indication to whom the letter is addressed. I can only conjecture (based on a little deductive reasoning) that it must be to Park Board President Cassidy. Note also that it’s not an affidavit. I’m not a lawyer, so maybe one of my lawyer readers can comment on this, but this statement is not technically sworn testimony, is it? It sort of sticks out among the other legal documents in the case file. Maybe that’s not a big deal.
Now, what are we to make of this situation? On its face, it certainly sounds unbelievable. It’s quite the coincidence that just a month after a lawsuit was filed against the Park District on May 5 regarding negotiations that took place in closed session on March 8 that Secretary McLemore — a 23-year veteran with the Park District dealing with secretarial duties — would suddenly decide it was finally time to get around to systematically erasing tapes that had been backlogged since January 2004, erasing the tape of the meeting under investigation in the process, all without direction from the board. They say truth is stranger than fiction, but this really presses the limits of plausibility.
The State’s Attorney should investigate. At the very least, McLemore’s statement should be given under oath under penalty of perjury. Violating the Open Meetings Act (Class C misdemeanor) and tampering with public records (Class 4 felony) are both serious offenses.
I guess I have a little different take on this. Why would a good employee, and a long term one, take the fall for something that she didn’t do knowing that her reputation and name will be tossed around in public.
I think she made a very upfront and sincere acknowledgement of her error and accepted full responsibility for her actions. If only there were more public employees who did this.
I guess until facts come forward to contradict this, I’m willing to take it at face value. There isn’t always a conspiracy behind everything.
Very possible, Peo Proud. And I hope so.
Nevertheless, once when I was driving five miles over the speed limit in an area where I never saw the speed limit sign, the cop who pulled me over still gave me a ticket. I was repentant. Words could not express how sorry I was for breaking the law. I still got a ticket. And I didn’t commit a Class 4 felony.
To me, just because it was an unintentional doesn’t negate the fact that she broke the law and, as a result, hindered an investigation as part of a pending lawsuit. Should she not be held accountable for her actions?
Her apology and explanation sounds very plausible and very believable. I agree with Peo Proud.
It sounds as if she is reporting to Bonie Nobal who is in charge of administration. I would have thought that over the years, Ms. Nobal would have provided instruction on what and how to store the tapes. The board should have known what the law is on keeping these records.
MDD — I’ve met Ms. McLemore and she’s a very nice person. I’m not here to besmirch her character. Nevertheless, I stand by my statement that the circumstances are suspicious and deserve to be investigated.
I’d like to sell my interest in the Brooklyn Bridge to PEO PROUD.
I know Joyce also. She is an angel.
And I think it’s well within her character to take the blame for somebody else’s directive that she do some housecleaning. Somebody knew what was going on.
The Mouse – I have no need for a bridge but thanks for thinking of me!
I just think that this employee is being painted with a “motivation” or “intention” that may not be there. If facts come to light that she was directed to do it, then the situation changes — someone should be held accountable — including her for mistating her role. But until they do…I’ll give her the benefit of the doubt. The PPD Board Chair and PPD Director Noble I’m not sure I can give the same level of benefit of the doubt to … in my dealings with Ms. Noble, she’s a little overbearing, arrogant and self-serving.
“a little overbearing, arrogant and self-serving?” you don’t say?
God Lord, how much I would agree with that. She and Mr. Hinton were on the side-lines during the meeting at Lincoln School the other night, chatting???? During presentations, Mr Hinton was not paying attention, he was chatting with his co-consipitor, Mr. Cahill; hence when asked a question, he did not hear it and it had to be repeated, then didn’t have an answer. Do the schools that are adjacent to the Park participate in programs that are offered; i.e. Lincoln School, for one. He stated that he didn’t know. I realize that a Superintendent has many duties and responsiblities but you would think that he would have answers/ be somewhat prepared for questions that just might be asked when they would pertain to the Park/schools issue. I know we are beating a dead horse, but it feels good to vent.
I agree with Mitch on this. Maybe Joyce did not do this intentionally and the evidence does seem to be [circumstantial?]. Bonnie Nobal [Noble – Nobel], should have been been aware of the condition of the tapes. What about the rest of the Exec Board? Is this not the kind of thing that any Exec Board should be responsible for? I am relieved my trust in local trusteeship is so well placed.