A legal opinion regarding a possible conflict of interest involving Washington Mayor Gary Manier and the foundation that's proposing to build a $12 million amphitheater in the city will not be released to the public.
The Washington City Council's vote on the issue Monday was 5-4 against the release, with Manier breaking the tie.
After he voted, Manier said he's "sick and tired of this witch hunt" and in his 24 years as mayor, he's worked tirelessly to make sure the city doesn't open itself to legal liability.
Alderpersons Mike Brownfield and Lilija Stevens, who are running for mayor in the April 1 election to replace Manier, who is stepping down, were joined by Alderpersons John Blundy and Bobby Martin III in casting votes to release the legal opinion.
Alderpersons Brett Adams, Brian Butler, Mike McIntyre and Jamie Smith voted no.
The eight alderpersons have each received a copy of the legal opinion.
Lada Manier, Gary Manier's wife, serves on the board of the not-for-profit Hengst Foundation, which was created by former Washington resident Jim Hengst to build and operate the proposed Dee Amphitheater, which would be built on a portion of the city's "223" farmland property off U.S. Route 24.
Lada Manier is not paid for her work on the board.
Council members asked earlier this year for a legal opinion from the city's legal counsel on whether Gary Manier should be able to vote on amphitheater-related issues or advocate for the amphitheater during council meetings.
The mayor, who is friends with Hengst, has expressed his support for the project and voted twice prior to Monday to break 4-4 ties on attempts to delay the council's decision on the amphitheater until after the April 1 election.
Assistant City Attorney Derek Schryer from the Campbell and Davis law firm in Peoria warned Monday against making the legal opinion public, saying it would violate attorney/client privilege.
The client, in this case, is the city of Washington.
WCBU filed two FOIA requests with the City of Washington in an attempt to view the opinion or city communications related to the opinion. Both requests were denied on the grounds of attorney/client privilege.
Butler had another take on the issue.
"This is just an attempt to make the mayor look bad," he said.
"I don't think the opinion makes the mayor look bad at all," Stevens said.
Community members have asked during public comments at council meetings for the legal opinion to be released.
The legal opinion wasn't the only amphitheater-related issue debated by the council Monday.
The Hengst Foundation held an open house in January to give the public an opportunity to learn about the amphitheater project and have its questions answered. But that went against a request by the council for the foundation to hold a town hall meeting.
"Nobody up here asked for an open house," Blundy said.
A second request by the council for the foundation to hold a town hall meeting has so far not been fulfilled. Community members also have asked for a town hall meeting.
Concerns about noise and traffic from residents living near the amphitheater site, the cost to the city of an estimated $3.5 million of needed infrastructure work at the site, and whether an amphitheater is an economically feasible use of the land have been voiced by community and council members.
Some community members have suggested alternative uses for the $12 million donated by Hengst for the amphitheater, including using the money to strengthen Five Points Washington's financial situation.
Many questions about the project remain unanswered, council and community members have said.
Gary Manier suggested Monday that council members go to the foundation's website to have their questions answered.
"I've done that. They haven't responded to my questions," Blundy said.
Adams cautioned against forcing the foundation to hold a town hall meeting before it's ready to fully answer questions.
"I have concerns and questions about the noise," he said. "But we shouldn't waste everyone's time by holding a town hall meeting if the foundation can't answer those questions yet."
