OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS Lisa Mad?igan ATTORNEY GENERAL November 2, 2015 Mr. Tony Sanders Chief Executive Of?cer School District U-46 355 East Chicago Street Elgin, Illinois 60120 RE: OMA Request for Review 2015 PAC 38284 Dear Mr. Sanders: The Public Access Bureau has received a Request for Review from Mr. John Kraft under section 3.5(a) of the Open Meetings Act (OMA) (5 ILCS (West 2014)) alleging that the School District U-46 Board of Education (Board) violated OMA at its 5:15 pm meeting held on October 19, 2015. We have determined that further action is warranted as to this matter. A COpy of the Request for Review is enclosed for your reference. In his Request for Review, Mr. Kraft alleges that on October 19, 2015, the Board held a meeting at 5:15 pm. without posting advance notice of this meeting at the location of the meeting. We construe this portion of his Request for Review as alleging a violation of section 2.02(a) of OMA (5 ILCS (West 2014)), which provides in pertinent part: An agenda for each regular meeting shall be posted at the principal office of the public body and at the location where the meeting is to be held at least 48 hours in advance of holding the meeting. A public body that has a website that the full-time staff of the public body maintains shall also post on its website the agenda of any regular meetings of the governing body of that public body. In addition, Mr. Kraft asserts that the Board did not permit him to comment at its 5:15 pm. meeting held on October 19, 2015, because the Board indicated that there would be no public comment at this meeting. We construe this part of his Request for Review as alleging a violation of section 2.06(g) of OMA (5 ILCS (West 2014)), which provides that 500 South Second Street, Spring?eld, Illinois 62706 782-1090 - TTY: 1'85 -277] Fax: 782-11046 100 West Randolph Street, Chicago, 60601 (312) 814-3000 TTY: (312) 814-3374 Fax: (312) 814-3806 1001 East Main, Carbondale, Illinois 62901 - (618) 529-6400 - TTY: (618) 529-6403 Fax: (618) 529-6416 Mr. Tony Sanders November 2, 2015 Page 2 "[a]ny person shall be permitted an opportunity to address public of?cials under the rules established and recorded by the public body." In order to evaluate this matter, we request that the Board, or its representative, provide a detailed written response to the allegations raised by Mr. Kraft's Request for Review. In your response, please explain whether the Board provided advance notice of the 5:15 pm. meeting held on October 19, 2015, and, if so, provide a copy and describe when and where the notice was posted. In addition, please speci?cally respond to Mr. Kraft's allegation that the Board did not allow for public comment or permit Mr. Kraft to address the Board during the 5:15 pm. meeting held on October 19, 2015. Additionally, in your response, please clarify the Board's policies on public comment during open meetings and provide this of?ce with a copy of any written Board policy on public comment. Please also provide this of?ce with copies of the Board's rules on public comment, the agenda, open session minutes (draft form, if necessary), and any video or audio recordings of the 5:15 pm. meeting held on October 19, 2015. As required by section 3.5(b) of the Open Meetings Act (5 ILCS (West 2014)), please provide this information to our of?ce within seven (7) working days after' receipt of this letter. As we conduct our review of this matter, we will notify you if we need to review additional records or information. You have the option under the Act to provide a written response to these allegations in addition to the requested materials. That response may take the form of a letter, brief, or memorandum. Please note that under the Act, we are required to forward a copy of any response from a public body to the requester and provide the requester an opportunity to reply. 5 ILCS (West 2014). The Act also permits a public body to provide a copy of a response with con?dential information redacted for release to the requester. If you claim that any portion of your written response is con?dential, please send two versions of your response letter: a complete copy for this of?ce's con?dential review and a redacted version suitable for this office to forward to the requester. If you have any questions, you may contact me via mail at the Chicago address listed on the ?rst page of this letter, at (312) 814-53 83, or sbarnaby@atg.state.il.us. Very truly yours, (imw ?xiqu HANNON BARN ABY Assistant Attorney General Public Access Bureau Mr. 'l'uny Sanders November 2' 2015 Page 3 Enclosure cc, Via electronic mall Mr, John Krafi (qu receive letter only)