Miscommunications Error; Leu Civic Center Board Asked to Leave Closed Building Following Police Response

MASCOUTAH — Just one day after a contentious city council meeting in which Mascoutah officials rejected the only bid by the Leu Civic Center organization to purchase their former building of operations, police were called to the facility Tuesday evening while the nonprofit organization’s board was meeting inside.

No citations were issued, no arrests were made and city officials described the encounter as cordial. However, the incident marked the latest development in the months-long dispute over the future of the city-owned building at 213 N. Market St.

The building, which has housed Leu Civic Center programs for decades, remains closed to the public and cannot currently be used for civic center activities due to liability and insurance concerns cited by city officials.

According to a police report obtained through the Freedom of Information Act, Officer Rettig was contacted at approximately 8:15 p.m. by City Manager Cody Hawkins, who advised that people had been reported inside the building.

The report states Hawkins advised officers that the building was closed to the public and that no meetings could be held on the property, though individuals were permitted to enter the building to move items out.

According to City Manager Cody Hawkins, the city was alerted Tuesday evening after activity was observed at the building by an unidentified party, who contacted the city inspector.

“I got a call from our city inspector that there were lights on in the building and cars in the parking lot,” Hawkins said.

Hawkins said he initially believed individuals may have been moving equipment from the facility. After driving by and observing multiple vehicles, he asked Mascoutah police officers to investigate.

“I asked them if they could just go over there and find out what’s going on,” Hawkins said.

Officers discovered members of the Leu Civic Center board conducting a meeting in the building’s basement.

According to the police report, a board member informed Officer Rettig that the group believed it had permission to hold board meetings in the building and agreed to leave voluntarily.

“He advised he was unaware and believed they had permission to conduct board meetings but they would leave willingly,” the report states.

The report states Officer Rettig remained on scene for approximately five minutes while members concluded their activities before everyone departed “without issue.”

Hawkins said city staff had understood that Leu representatives could access the building to retrieve equipment and materials but not conduct operations or hold meetings.

“There shouldn’t be any public or operations happening, because the main concern is the liability right now,” Hawkins said.

Leu Civic Center Director Jenna Smith said the organization believed it had permission to continue limited office operations within the building.

“We were under the impression that we were working within the parameters of what we were told, and that we could still do office work there,” Smith said.

Smith said the organization had continued paying for internet service and using office equipment housed in the building while moving program materials elsewhere.

Smith said the board had previously met in the building several times since it was closed and that no concerns had been raised before Tuesday evening.

According to Smith, the meeting began at 6:30 p.m. and officers arrived around 8:20 p.m.

She said a board member encountered officers after getting up during the meeting.

“He was like, ‘You’re only allowed to be in here when you’re moving stuff,’ which was totally new to us,” Smith said.

Smith said the meeting ended shortly afterward.

“No, we did not finish,” she said. “We were toward the end, but we did not finish.”

Hawkins recalled the situation somewhat differently, saying board members were allowed to wrap up the meeting before leaving. The police report appears to support that account, stating officers remained on scene for approximately five minutes while the group finished and exited the building.

“They said, ‘We’re almost done with our meeting. Is it okay if we wrap it up?’ I said, ‘Yeah, sure, that’s fine,'” Hawkins said.

Councilman Steve Beimfohr described the incident as a misunderstanding over what uses of the building remained permissible.

“I think this whole thing was just a big misunderstanding,” Beimfohr said.

Beimfohr said police handled the matter professionally and that no confrontation occurred.

“Everyone handled it extremely professionally,” he said.

The incident occurred less than 24 hours after a highly attended city council meeting in which more than 50 supporters of the Leu Civic Center attended to advocate for the organization and the future of the building.

During Monday’s meeting, city officials revealed that only one bid had been submitted for the property after it was placed up for sale. The Leu Civic Center organization offered $500 to purchase the building.

Councilman Mike Voegele moved to accept the bid, with Beimfohr providing the second. The motion failed on a 3-2 vote, with Voegele, Beimfohr and Councilman Jack Weyant voting in favor and Mayor Wally Battas and Councilman Mike Baker voting against the proposal. Because the motion required four votes to pass, the bid was rejected.

The failed vote drew audible jeering from the crowd, prompting Battas to warn attendees that they could be removed if disruptions continued.

Following the failed sale, Weyant asked city staff to install fire and alarm systems in the vacant building, noting it would likely remain unused for some time.

The future of the building has been a source of growing debate in Mascoutah in recent months. The city previously closed the facility after concerns were raised regarding code compliance, insurance coverage and liability exposure.

Beimfohr said insurance concerns remain one of the primary obstacles to reopening the building.

“If somebody broke an ankle (inside the building), and the city gets sued, it may be coming out of our pockets instead of our insurance company,” Beimfohr said.

Hawkins said city staff are currently compiling estimates for repairs needed to bring the building into compliance for occupancy. Those estimates will later be presented to the city council.

“Council will authorize to either do that or not do that,” Hawkins said. “That’s where we’re at at this point.”

Smith said Tuesday night’s events were upsetting because members of the organization believed they had complied with city direction.

“It was upsetting because none of us felt we were doing anything wrong,” Smith said.

She added that clearer communication between the city and the organization could have prevented the incident.

“I think communication has been the pitfall in all of this,” Smith said.

For now, city officials maintain that the former Leu Civic Center building remains closed and may not be used for civic center activities until further direction is provided by the city council.