17CH103 IN THE CIRCUIT COURT FOR THE TWENTY-THIRD JUDICIAL CIRCUIT COUNTY OF DEKALB, ILLINOIS MISTY HAJI-SHEIKH, Plaintiff, Case No. 17 CH 103 V. THE BOARD OF TRUSTEES OF NORTHERN ILLINOIS UNIVERSITY, ?a?i??gn?egm? DeKalb County, lilinois Defendant. Transaction ID 1703713201 17CH103 FILEDATE 07/27/2017 NOTICE OF MOTION To: Gregory A. Brady Acting Vice President and General Counsel Northern Illinois University Altgeld Hall 330 DeKalb, IL 60115 PLEASE TAKE NOTICE that on Friday, August 4, 2017 at 9:00 a.m. or as soon thereafter as possible, Charles L. Philbrick shall appear before the Honorable Bradley J. Waller or any judge sitting in his stead in Courtroom 200 of the DeKalb County Courthouse, 133 W. State Street, Sycamore, Illinois 60178 and present the attached Motion for Temporary Restraining Order and Preliminary Injunction. Respectfully submitted, RATHJ WOODWARD, LLC By: Charles L. Philbrick CHARLES L. PHILBRICK Charles L. Philbrick RATHJ WOODWARD LLC 300 E. Roosevelt Rd., Suite 300 Wheaton, IL 60187 (630) 668-8500 ARDC #6198405 12F SUBMITTED - 1703713201 - CPHILBRICK 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM CERTIFICATE OF SERVICE I, Charles L. Philbrick, an attorney, certify that a true and correct copy of Plaintiffs Notice of Motion and Motion for Temporary Restraining Order and Preliminary Injunction, was served upon all parties and attorneys of record Via electronic transmission on July 26, 2017. Gregory A. Brady Acting Vice President and General Counsel Northern Illinois University Altgeld Hall 330 DeKalb, IL 60115 Northern Illinois University Counsel /s/Charles L. Philbrick 12F SUBMITTED 1703713201 - CPHILBRICK - 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 IN THE CIRCUIT COURT FOR THE TWENTY-THIRD JUDICIAL CIRCUIT COUNTY OF DEKALB, ILLINOIS MISTY HAJI-SHEIKH, Plaintiff, Case No. 17 CH 103 V. Hon. Bradley J. Waller Maureen .21. Jos? Electronically Filed DeKaIb County, minois THE BOARD OF TRUSTEES OF NORTHERN ILLINOIS UNIVERSITY, Transaction ID 1703713201 17CH103 FILEDATE 07/27/2017 Defendant. PLAINTIFF MOTION FOR TEMPORARY RESTRAININ ORDER AND PRELIMINARY INJ UN CTION Plaintiff Misty Haji?Sheikh respectfully moves this Court for the entry of a temporary restraining order and preliminary injunctive relief against defendant Board of Trustees of Northern Illinois University (the ?Board?) in the form of an order: (1) ?nding that the ??nal action? taken by the Board on June 15, 2017 with regard to a severance contract with Dr. Baker was invalid; and (2) enjoining the Board from consummating that severance contract. A proposed order is attached as Exhibit A to this motion. In support of her motion, Ms. Haji-Sheikh states as follows: INTRODUCTION 1. June 15, 2017, Northern Illinois University, acting through its Board of Trustees, approved a controversial (and lucrative) severance package for the College?s then current president, Dr. Douglas Baker. The Board took that action without providing the required notice to the public, without any meaningful opportunity for the public to participate in the meeting, and in violation of the Open Meetings Act, 5 ILCS 120/1 et seq, and 110 ILCS 685/30?195 and 200. By this motion, Ms. Haji-Sheikh seeks a declaration that the ??nal action? taken by the Board on 12F SUBMITTED 1703713201 - CPHILBRICK 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 June 15, 2017 with regard to a severance agreement for Dr. Baker was invalid. Ms. Haji?Sheikh further seeks a Temporary Restraining Order preventing the Board from consummating the ?nal action it attempted to take on June 15, 2017 with regard to Item 13 of the Agenda and Dr. Baker. FACTUAL BACKGROUND The OEIG Report 2. Dr. Baker became the Northern Illinois University president on July 1, 2013. (Veri?ed Compl. 11 8) In 2015 and 2016, the Governor's Of?ce of Executive Inspector General (the investigated Dr. Baker and issued a report as to its investigation (the Report?). (Veri?ed Compl. 11 9) On August 23, 2016, the OEIG Report was provided to the Board. (Veri?ed Compl. 11 10) The Board did not publicly discuss or release the OIEG Report. 3. Nine months later, on May 31, 2017, Executive Ethics Commission (EEC) publicly released the OEIG Report. (Veri?ed Compl. 11 11) The OEIG Report found that Dr. Baker and three of his administrators routinely skirted ethics requirements to hire consultants in 2013 and 2014, employed them under the wrong classi?cation, then kept them on staff for too long and paid them well in excess of allowable limits. (Veri?ed Compl. 11 12) In the wake of the OEIG Report being made public, the Board decided that it needed to take action with respect to Dr. Baker and his continued association with Northern Illinois University. (Veri?ed Compl. 11 13) The Board Failed To Provide Proper Public Notice Of The June 15, 2017 Meeting 4. The Board conducted a regularly scheduled meeting on Thursday, June 15, 2017 (the ?Meeting?) at 9:00 am. (Veri?ed Compl. 11 15) The agenda for the Meeting contained Item 13, which read EMPLOYMENT (Review and Approval)? (Veri?ed Compl. 11 17 and Ex. A) Northern Illinois University did not provide to the public any supporting materials relating to the Agenda. (Veri?ed Compl. 11 18) 12F SUBMITTED 1703713201 - CPHILBRICK - 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 5. The agenda did not describe the substance of any proposed changes to President Baker?s contract. The agenda did not specify what the subject of any employment review or approval might be. The agenda did not mention that the Board would appoint a new president, Dr. Freeman. Nowhere in the public notice was any mention of a severance agreement or the ?nancial terms of a severance agreement with Dr. Baker. (Veri?ed Compl. EX. A) The Board Holds A Seven Hour Closed Session And Then Provides 0 Opportunity For Public Comment 6. Prior to June 15, 2017, it was the Board?s practice1 to address all open session agenda items, hold its closed session at the end of the meeting, and then adjourn. (Veri?ed Compl. 11 21) In stark departure from past practice, the Board scheduled the open discussion of Item 13 concerning after the Board?s closed session. (Veri?ed Compl. 11 22) 7. The June 15, 2017 meeting began at 9:05 am. (Veri?ed Compl.11 23) The meeting proceeded for 2 hours, 31 minutes and covered Items 1 through 12 on the Agenda. Id. Then the Board went into closed session. At that time, it was announced that the closed session may last several hours.2 Id. 8. Over seven hours later, the meeting reconvened on June 15, 2017 at 6:43 pm. The remainder of the meeting lasted 13 minutes. (Veri?ed Compl. 11 24) The post?closed session portion of the meeting concerned only Item 13 on the Agenda. (Veri?ed Compl. 11 25) 1 Past agendas are accessible for review on the University?s website at 2 An audio recording of the meeting is available on the Northern Illinois University website. 7/ 3 12F SUBMITTED - 1703713201 CPHILBRICK - 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 9. Of the 13 minutes spent in open session concerning Item 13, the ?rst nine minutes consisted of an announcement by the Chairman that, in light of the OEIG Report, the Board had determined it would be in the best interest of the University for Dr. Baker to leave the University and that Dr. Freeman had accepted an appointment as the acting president of Northern Illinois University. (Veri?ed Compl. 11 26) Dr. Freeman also spoke. Id. 10. The Board then displayed a summary of the terms of the proposed severance agreement on a visual screen while the Chairman of the Board read the summary, which is found on the audio transcript, part 2 of the meeting from 9:10 to 12:21. Following the reading of the summary, the chairman called for an immediate vote to approve the terms of the proposed severance agreement with Dr. Baker. (Veri?ed Compl. 11 28) The vote and the opportunity for board discussion lasted 45 seconds. Id. Following the unanimous vote, a motion was made to adjourn the meeting. Id. 11. During the discussion of Item 13, no one other than the chairperson spoke. (Veri?ed Compl. 11 29) During the discussion of Item 13, the Board members did not discuss the proposed severance agreement. The proposed severance package with Dr. Baker included the following: Payment of an additional year of salary, $450,000.00; a lump sum payment of $137,500.00; and up to $30,000.00 for unpaid expenses and legal fees. (Veri?ed Compl. ?11 32) ARGUMENT 1. Legal Standards And Controlling Law. A. The Legal Standards For Temporary Restraining Order And Preliminary Injunction. 12. A party seeking a temporary restraining order or preliminary injunctive relief must show: 1) it has a right in need of protection; (2) legal remedies will not adequately protect that 12F SUBMITTED - 1703713201 - CPHILBRICK 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 right; (3) it will suffer it will suffer irreparable harm if injunctive relief is not granted; and (4) it has a likelihood of success on the merits of the asserted claims. rave/port, LP 12. Am. Airlines, Inc, 2011 IL App (1st) 1 11761, 11 32; see also Kanter Eisenberg v. Madison Assoc, 116 Ill. 2d 506, 510 (1987). B. The Open Meetings Act And The Recent ?Employment Contract Limitations? Amendment. 13. Section 2.02 of the Open Meetings Act requires all public bodies to provide ?public notice of all meetings, whether open or closed? and sets forth a variety of requirements that the ?public notice? must satisfy. 5 ILCS l20/2.02. Those requirements include the posting of an agenda at least 48 hours in advance of the meeting. In addition, the agenda ?shall set forth the general subject matter of any resolution or ordinance that will be the subject of ?nal action at the meeting.? Id. 14. The legislature recently expended the requirements of a public notice under the Open Meetings Act when the subject matter in question concerned an employment contract of the president or chancellor of a state university. 110 ILCS 685/30?195, 200 (with respect to Northern Illinois University). Speci?cally, subsection 6 of 110 ILCS 685/30?195 provides: Public Notice, compliant with the provision of the Open Meetings Act, must be given prior to ?nal action on the reformation, renewal, extension, or termination of the employment contracts of the president or all Chancellors of the University and must include a copy of the Board item or other documentation providing, minimum, a description of the proposed principle financial components of the president?s or all chancellors? appointments. (Emphasis added) 110 ILCS In addition, subsection (1) of 10 ILCS 685/30-195 provides that: Severance under the contract may not exceed one years? salary and applicable bene?ts. 1101LCS 12F SUBMITTED - 1703713201 - CPHILBRICK - 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 15. In this case, the Board conducted the June 15, 2017 meeting in violation of 5 ILCS 120 and 110 ILCS 685/30-195 and 200 by: (1) failing to post a public notice that adequately identi?ed the subject matter of Item No. 13 in the agenda for the June 15, 2017 meeting; (2) arranging the open discussion the Severance Agreement to take place after a seven?hour closed session, thus preventing the public from participating or having any opportunity to comment on the severance agreement or the appointment of a new president; (3) failing to include in the public notice a description of the proposed principle ?nancial components of the severance agreement; and (4) conducting the meeting in a manner that effectively prevented public participation because the meeting was not held at a time and place that was convenient to the public. (Veri?ed Compl. 36) 11. Plaintiff Is Likely To Prevail On The Merits Of Her Claims. 16. Count I alleges violations of the Open Meetings Act for the Board?s failure to post an adequate agenda that suf?ciently identi?ed the subject matter of Item 13, by approving the merits of a severance agreement in violation of 110 ILCS 685/30-195 and 200, by preventing the public from their right to meaningful participation in the meeting by failing to advise them what was up for discussion and by holding the open session Item 13 after the public comment portion of the meeting and after a seven (7) hour closed session. 17. Section 2.02 of the Open Meetings Act requires the Board to provide ?public notice? of its meetings, which includes an agenda that sets forth ?the general subject matter of any resolution or ordinance that will be the subject of ?nal action at the meeting.? In addition, Section 195(6) of 110 ILCS 685/30 requires that any public notice associated with the formation, renewal, extension or termination of the employment contracts of the president of the university must 12F SUBMITTED 1703713201 CPHILBRICK - 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 include ?at a minimum, a description of the proposed principal ?nancial components of the president?s and all chancellors? appointments.? 18. Here, the Board?s public notice fell woefully short of these requirements. The agenda item merely stated: EMPLOYMENT (Review and Approval)? This agenda item wording is vague, misleading and incomplete. 19. It is vague because it does not set forth the general subject matter of the Board?s intended actions. At a subsequent special meeting on June 28, 2017 intended to con?rm the appointment of Dr. Wheeler as the interim president, the chairperson of the Board stated that ?for about three weeks the Board has been focused primarily upon the transition of the The Board had agreed three weeks prior to the June 15, 2017 meeting that Dr. Baker would resign.3 Therefore, the Board knew at the time that it compiled the public notice for the June 15, 2017 meeting that Dr. Baker was going to resign and that the Board was going to enter into a severance agreement with Dr. Baker. Nevertheless, the agenda item associated with Dr. Baker?s resignation in no way re?ected the Board?s understanding of the subject matter. 20. It is misleading because a member of the public seeing this agenda item would, if anything, assume that the Board intended to review and approve Dr. Baker?s continued employment. In fact, the Board had already determined that Dr. Baker would ?resign,? that Dr. Wheeler would serve as interim president, and the Board would enter into a severance agreement that paid Dr. Baker more than one year?s salary as consideration for his ?resignation.? Clearly, the agenda item EMPLOYMENT (Review and Approval)? did not meet the requirements of the Open Meeting Act or Subsection 195(6) of 110 ILCS 685-30. 3 (3:45) 12F SUBMITTED 1703713201 CPHILBRICK 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 21. It is incomplete because this agenda item fails to contain ?a description of the proposed principal ?nancial components of the president?s or the chancellors? appointments,? as required by 110 ILCS During the evening session of the June 15, 2017 meeting, the Board displayed a document that could be fairly understood as a description of the proposed ?nancial components of the Severance Agreement the Board intended to approve. However, that general description was not included in the public notice as required by the Open Meetings Act and the Employment Agreement Amendment. Thus, there can be no doubt that Ms. Haji-Sheikh will prevail on the merits. Plaintiff?s Rights Cannot Be Adequately Protected By Legal Remedies, And Plaintiff Will Suffer Irreparable Harm If The Requested Relief Is Not Granted. 22. Ms. Haji?Sheikh is seeking both declaratory relief as well as injunctive relief. In her claim for injunctive relief, Ms. Haji?Sheikh must establish that she has a right in need of protection, and she will suffer irreparable harm if the requested relief is not granted and that they has no adequate remedy at law. Ms. Hajji-Sheikh can easily satisfy those standards. 23. First, Ms. Haji-Sheikh has legal rights in need of protection. Under the Open Meetings Act, ?people have the right to be informed as to the conduct of their business.? 5 ILCS 120/1. ?Once a protectable interest is established, irreparable injury is presumed if that interest is not protected.? rave/port at 1111 17, 41 (citing Cameron v. Bartels, 214 Ill. App. 3d 69, 73 (4th Dist. 1991)). Here, Ms. Haji-Sheikh has a right to be informed as to the dealings of public bodies which ?exist to aid in the conduct of the people?s business.? 5 ILCS 120/ 1. As discussed above, this requires that public meetings be held at a time and a place that is reasonably accessible for the public to participate. 5 ILCS 120/2.01; Gerwin v. Livingston County Bd., 345 Ill.App.3d 352, 358 (4th Dist. 2003). This further requires that ?public notice? be given that fairly informs the public of the actions to be taken by a public body and otherwise complies with existing statutory 12F SUBMITTED - 1703713201 - CPHILBRICK 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 requirements. 5 ILCS 120/202; Board of Education of Spring?eld School Dist. No. 186 v. Attorney General ofIllinois, 2015 IL App (4th) 140941, 11 42. 24. Second, Ms. Hai-Sheikh has and will suffer an irreparable injury for which there is no adequate remedy at law. ?An injury is ?irreparable? when it is of such a nature that the injured party cannot be adequately compensated in damages or when damages cannot be measured by any pecuniary standard.? Falcon, Ltd. v. Corr ?5 Natural Beverages, Inc, 165 Ill. App. 3d 815, 821 (1st Dist. 1987). 25. Third, Ms. Haji-Sheikh does not have an adequate remedy at law. The harm caused by the Board?s failure to comply with the Open Meetings Act and 110 ILCS 685/30-195 and 200 cannot be remedied through monetary damages. Rather, without injunctive relief, Ms. Haji- Sheikh will be deprived of her right to be informed and actively participate in the discussion of Board actions concerning a severance agreement with a University President, who has been found by the Illinois Of?ce of Inspector General to have committed various ethic violations. WHEREFORE, for the reasons set forth herein, Plaintiff Misty Haji-Sheikh respectfully moves this Court for the entry of a temporary restraining order and preliminary injunctive relief against the Defendant the Board of Trusties of Northern Illinois University and for such other relief as this Court deems just and proper. Dated: July 26, 2017 Respectfully submitted, /s/Charles L. Philbrick Charles L. Philbrick RATHJE WOODWARD, LLC 300 E. Roosevelt Rd., Suite 300 Wheaton, IL 60187 630?668-8500 cphilbrick@rathiewoodward.com Attorneys for Plaint? Misty Haji-Sheiklz 12F SUBMITTED 1703713201 - CPHILBRICK - 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 CERTIFICATE OF SERVICE 1, Charles L. Philbrick, an attorney, certify that on July 26, 2017, I served a true and correct copy of the foregoing Plaintiff? Motion for Temporary Restraining Order and Preliminary Injunction Via electronic transmission and regular US. Mail upon: Gregory A. Brady Acting Vice President and General Counsel Northern Illinois University Altgeld Hall 330 DeKalb, IL 601 15 Charles L. Philbrick Charles L. Philbrick 10 12F SUBMITTED - 1703713201 CPHILBRICK - 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 IN THE CIRCUIT COURT FOR THE TWENTY-THIRD JUDICIAL CIRCUIT COUNTY OF DEKALB, ILLINOIS NORTHERN ILLINOIS UNIVERSITY, Defendant. MISTY HA1 Plaintiff, Case No. 17 CH 103 V. THE BOARD OF TRUSTEES OF 1 ORDER GRANTING PLAINTIFF MOTION FOR TEMPORARY RESTRAININ ORDER THIS MATTER coming to be heard on the motion for temporary restraining order and preliminary injunction ?led by the plaintiff Misty Haji-Sheikh, ?led on July 26, 2017, against the defendant The Board of Trustees of Northern Illinois University, the parties being present and the Court having been informed of the premises: IT IS HEREBY ORDERED: FINDINGS OF FACT The Court makes the following ?ndings of fact based on the evidence presented at the hearing on the motion for temporary restraining order. However, the Court cautions that these ?ndings of fact do not constitute ?nal ??ndings? and therefore should not be viewed as binding should this matter proceed to preliminary injunction hearing or a trial on the merits. See Electronic Design Mann, Inc. v. Konopka, 272 Ill. App. 3d 410, 411, 649 619, 620 (lSt Dist. 1995). 1. The Board conducted a regularly scheduled meeting on Thursday, June 15, 2017 (the ?Meeting?) at 9:00 am. (Veri?ed Comp]. 1] 15) The agenda for the Meeting contained Item 1 Exhibit A 12F SUBMITTED 1703713201 - CPHILBRICK - 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 13, which read EMPLOYMENT (Review and Approval)? (Veri?ed ComplNorthern Illinois University did not provide to the public any supporting materials relating to the Agenda. (Veri?ed Compl. 11 18) 3. The agenda did not describe the substance of any proposed changes to President Baker?s contract. 4. The agenda did not specify what the subject of any employment review or approval might be. 5. The agenda did not mention that the Board would appoint a new president, Dr. Freeman. 6. Nowhere in the public notice was any mention of a severance agreement or the ?nancial terms of a severance agreement with Dr. Baker. (Veri?ed Compl. EX. A) 7. Prior to June 15, 2017, it was the Board?s practice1 to address all open session agenda items, hold its closed session at the end of the meeting, and then adjourn. (Veri?ed Compl. 11 21) 8. In stark departure from past practice, the Board scheduled the open discussion of Item 13 concerning after the Board?s closed session. (Veri?ed Compl. 11 22) 9. The June 15, 2017 meeting began at 9:05 a.m. (Veri?ed Compl. 11 23) 10. The meeting proceeded for 2 hours, 31 minutes and covered Items 1 through 12 on the Agenda. Id. 1 Past agendas are accessible for review on the University?s website at 2 Exhibit A 12F SUBMITTED - 1703713201 - CPHILBRICK - 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 11. Then the Board went into closed session. At that time, it was announced that the closed session may last several hours.2 Id. 12. Over seven hours later, the meeting reconvened on June 15, 2017 at 6:43 pm. The remainder of the meeting lasted 13 minutes. (Veri?ed Compl. 11 24) 13. The post-closed session portion of the meeting concerned only Item 13 on the Agenda. (Veri?ed Complminutes spent in open session concerning Item 13, the ?rst nine minutes consisted of an announcement by the Chairman that, in light of the OEIG Report, the Board had determined it would be in the best interest of the University for Dr. Baker to leave the University and that Dr. Freeman had accepted an appointment as the acting president of Northern Illinois University. (Veri?ed Compl. 11 26) Dr. Freeman also spoke. Id. 15. The Board then displayed a summary of the terms of the proposed severance agreement on a visual screen while the Chairman of the Board read the summary, which is found on the audio transcript, part 2 of the meeting from 9: 10 to 12:21. 16. Following the reading of the summary, the chairman called for an immediate vote to approve the terms of the proposed severance agreement with Dr. Baker. (Veri?ed Compl. 11 28) 17. The vote and the opportunity for board discussion lasted 45 seconds. Id. Following the unanimous vote, a motion was made to adjourn the meeting. Id. 18. During the discussion of Item 13, no one other than the chairperson spoke. (Veri?ed Compl. 11 29) 2 An audio recording of the meeting is available on the Northern Illinois University website. 3 Exhibit A 12F SUBMITTED - 1703713201 CPHILBRICK 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 19. During the discussion of Item 13, the Board members did not discuss the proposed severance agreement. 20. The proposed severance package with Dr. Baker included the following: Payment of an additional year of salary, $450,000.00; A lump sum payment of $137,500.00; and Up to $30,000.00 for unpaid expenses and legal fees. (Veri?ed Compl. 11 32) CONCLUSIONS OF LAW 1. The Court ?nds that the plaintiff has a right in need of protection. Speci?cally, plaintiff has a right to insist upon The Board?s compliance with the Open Meeting Act, 5 ILCS 120/2 in conjunction with 110 ILCS 685/30-195. 2. The Court ?nds that legal remedies, if any, will not adequately protect the plaintiff?s rights in need of protection, rave/port, LP v. Am. Airlines, Inc, 2011 IL App 111761,Wl7,14. 3. The plaintiff is presumed to have suffered irreparable harm if injunctive relief is not granted. Id. 4. Plaintiff has carried her burden of showing a likelihood of success on the merits of the asserted claims. 5. Agenda Item 13 for the June 15, 2017 meeting violated the requirements of the Open Meetings Act Section 2.02 because it failed to describe the general subject matter of the resolution that was the subject of ?nal action at the meeting with regard to the a severance agreement for Dr. Baker. 6. Agenda Item 13 for the June 15, 2017 meeting violated the requirements of the Open Meetings Act in conjunction with 110 ILCS because it failed to provide 4 Exhibit A 12F SUBMITTED 1703713201 CPHILBRICK - 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM 17CH103 description of the proposed principle ?nancial components of the severance agreement for Dr. Baker. 7. It is hereby ordered that the defendant The Board of Trustees of Northern Illinois University cease and desist from consummating the ?transition agreement? as referenced during the discussion of Item 13 at the defendant?s June 15, 2017 meeting. 8. This temporary restraining order will remain in full force and effect, as amended by the Court from time-to-time, until the earlier of either August 14, 2017 or until preliminary injunction hearing is held and a preliminary injunction is either granted or denied. 9. A hearing on plaintiff?s motion for preliminary injunction and the requests for relief contained therein is set for 2017 at in Courtroom 200. Dated: July 2017 The Honorable Bradley J. Waller 5 Exhibit A 12F SUBMITTED 1703713201 07/27/2017 04:42:52 PM DOCUMENT ACCEPTED ON: 07/28/2017 07:57:49 AM