UPDATED 1:52 P.M.
PEORIA, Ill. (25 News) – Incoming Peoria Public School Board Member Andres Diaz’s petition to place a temporary restraining order on the board and prevent a meeting from being held was denied by a Peoria County judge on Wednesday morning.
The dispute is whether PPS gave proper notice of a pair of meetings set for noon and 1 p.m. on Wednesday.
One of the sessions, called a reorganization meeting, is for the swearing in of two new members and the selection of a board president. That meeting is scheduled for 1 p.m. The other meeting scheduled for noon has on its agenda a resolution backing a November referendum to double a sales tax to aid Peoria County public schools.
The proposed referendum is on the meeting’s consent agenda, which the board can approve a series of items at the same time and without discussion.
In his lawsuit, Diaz said it is illegal for a sales tax vote to be placed on the consent agenda. Also, Diaz contends the public did not receive proper notice of a “regular meeting” on the district’s website, violating the Illinois Open Meetings Act.
In court on Wednesday morning, Diaz’s lawyer argued these points, saying that there needed to be a 10-day notice of a rescheduled meeting, which he argued there was not, and that the agenda needed to be posted 48 hours before. He argued that this was in violation of the Open Meetings Act, saying the school board needed to announce the change publicly, and that “it’s kind of sneaky” and confusing to the public to not do so.
Moreover, Diaz’s lawyer said if the meeting were to be held today, Diaz would suffer irreparable harm, including “loss of rights and improper decisions.”
The district’s attorney argued that the Open Meetings Act does not distinguish between organization and regular meeting types, and that a change in meeting schedule must be posted physically or on the website to follow the Open Meetings Act.
She argued that PPS did post the change in meeting schedule on their physical district building last Thursday, fulfilling the requirements under the act. Moreover, the attorney said Diaz had failed to file a complaint or affidavit with the court, arguing that his petition should be denied. She said his statement of losing rights and decisions was unclear.
Diaz addressed the court, countering the district attorney’s statements, claiming that on June 10 he had emailed the board to ask for an agenda, and saw that there were two agendas posted for each meeting. Diaz argued that this may be confusing to the general public.
Diaz also stated that the Attorney General has contacted the PPS school board multiple times in the past on his claim that they have not correctly followed the Open Meeting Act. He argued that as a new board member, having an agenda item approved just before being sworn in would harm him and others in the county.
Peoria County Judge James Mack denied Diaz’s petition based on what he said was a lack of procedural requirements, saying that there was no underlying cause of action or affidavit filed to support his request. Mack also said there were “a lot of conclusions, but no facts being alleged.”
In a statement from PPS’s lawyers, they said they deny the allegations.
The Board of Education became aware of a petition seeking an emergency temporary restraining order to prevent the Board from holding its regularly scheduled July 1, 2026, meeting that was filed on the evening of June 30, 2026. This petition alleged violations of the Illinois Open Meetings Act. Following a hearing held this morning, the court denied the request for emergency injunctive relief.
The Board respectfully disagrees with the allegations raised in the petition and, at all times, has acted in good faith with the belief that the notice and agenda for the July 1, 2026, meeting comply with the requirements of the Illinois Open Meetings Act. In accordance with the Court’s ruling, the Board will proceed with its regularly scheduled meeting on July 1, 2026, as noticed.
The Board remains committed to conducting the public’s business in an open, transparent, and lawful manner and will continue to comply with all applicable legal requirements governing its meetings.
(Reporting by Liz Lape)
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PEORIA, Ill. (25 News) – Incoming Peoria Public Schools board member Andres Diaz will be taking the district to court on the same day he’s scheduled to be sworn into office, along with Sarah Howard.
The dispute is whether PPS gave proper notice to a pair of meetings set for noon on Wednesday. One of the sessions is for the swearing in of two new members and the selection of a board president. The other is a meeting that has on its agenda a resolution backing a November referendum to double a sales tax to aid Peoria County public schools.
The proposed referendum is on the meeting’s consent agenda, which the board can approve a series of items at the same time and without discussion.
In his lawsuit, Diaz said it’s illegal for a sales tax vote to be placed on the consent agenda. Also, Diaz contends the public did not receive proper notice of a “regular meeting” on the district’s website.
Diaz said on his Facebook page that he’s taking legal action in the interests of “good government and transparency.”
In the lawsuit, Diaz said if the meeting is held on Wednesday, he’ll suffer irreparable harm including “loss of rights and improper decisions.”
The district has much less to lose, according to Diaz because board members have until Aug. 17 to put the sales tax question on the November ballot.
The court hearing is scheduled Wednesday at 9:30 a.m. before Peoria County Judge James Mack.
If the judge agrees with Diaz, the board member-elect said the referendum can be debated at a future board meeting to allow for a “robust public discussion.”
(Reporting by Howard Packowitz)
