OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS Lisa Madigan ATTORNEY GENERAL December 28, 2017 Via electronic mail The Honorable Chasity Wells -Armstrong Mayor City of Kankakee 304 South Indiana Avenue Kankakee, Illinois 60901 mayor@citykankakee- il. gov' RE: OMA Request for Review —2017 PAC 50846 Dear Mayor Wells -Armstrong: The Public Access Bureau has received the enclosed Request for Review in which Mr. John Kraft alleges that the City Council ( Council) of the City of Kankakee ( City) violated the Open Meetings Act ( OMA). Specifically, Mr. Kraft alleges, that the Council failed to prepare, approve, and post meeting minutes for it October 2, 2017, October 16, 2017, and October 23, 2017, meetings in violation of sections 2. 06( a) 1 and 2.06( b) 2 of OMA ( 5 ILCS 120/ 2. 06( a), ( b) ( West 2016)). We have determined that further action is warranted. In order to further evaluate this matter, please provide a detailed written response to the allegations raised by Mr. Kraft' s Request for Review. In your response, please clarify whether the Council held meetings on October 2, 2017, October 16, 2017, and October 23, 2017, and, if so, whether the Council prepared and approved minutes of those meetings. whether each of these meetings was a regular meeting. Please explain Please also clarify whether the Council posted its October 2, 2017, October 16, 2017, and October 23, 2017, meeting minutes on the City' s website, and whether the City' s website is maintained by full- time staff of the City. Section 2. 06( a) of OMA requires all public bodies to " keep written minutes of all their meetings[.]" 2Section 2. 06( b) of OMA provides, in part: " A public body shall approve the minutes of its open meeting within 30 days after that meeting or at the public body' s second subsequent regular meeting, whichever is later. * * * [ A] public body that has a website that the full-time staff ofthe public body maintains shall post the minutes of a regular meeting of its governing body open to the public on the public body' s website within 10 days after the approval of the minutes by the public body." 500 South Second Street, Springfield, Illinois 62706 • ( 100 West Randolph Street, Chicago, Illinois, 60601 • ( 1001 East Main, Carbondale, Illinois 62901 • ( 217) 782- 1090 • TTY: ( 217) 785 - 2771 • Fax: ( 217) 782- 7046 312) 814- 3000 • TTY: ( 312) 814- 3374 • Fax: ( 312) 814- 3806 618) 529- 6400 • TTY: ( 618) 529- 6403 • Fax: ( 618) 529- 6416 The Honorable Chasin December 28. 2017 Page 2 Finally, please provide this office with copies oflhe minutes (draft form, lfnecessary), from the October 2, 2017>> October 16, 2017. and October 23. 2017' Council meetings: and copies or minutes (draft renn, in which the Council approved those minutes. This information must be submilled to our office within seven (7) business days after receipt oflhis letter. 5 ILCS 120/3r5(b) (West 2016) As we review this malter, we will nolify you ifwc require additional records or information. Please note that under OMA. "[the Public Counselor shall forward a copy ofthe answer or redacted answer, if furnished, to the person submitting the request for review, The requester may, but 15 not required In, respond in 5 Ilyou claim that any portion ofyour writlen response is confidential, please send two versions of your response letter: a complete copy for this office's confidential review and a redacted version suitable for this office to forward to the requester. Please Contact me at (312) 814-5201 if you have queslions or would like to discuss this malter. Thank you. Very STE BERG Assistant Altomey General Public Access Bureau Enclosure cc: Via L'Ic'rlranic mm] Mr. John Krafi Pub Access 50872 4 mm: John Kraft Sent: Sunday, December 17 017 4 To: Public Access ubl Ce: Subjett: OMA Request lot Review (Clly oi Kankakee) - 12-17-2017 AG PAC, Please consider this a request for review of allegations of several Open Meetings Act violations NAME OF PUBLIC BODY: City ofKankakee DATE OF ALLEGED OMA VIOLATONS: the later of 30 days or 10 days afier the second subsequent meeting of the Kankakee City Council from the council meetings of Oct 2, l6, and 23. 2017. This request for review is brought under Section 3.5 of the Open Meetings Act, which states that a person who believes that a violation ofthis Aer by a public body has occurred may file a request for review ofthe alleged violation. A LLEGATIO This is an allegation that the City of Kankakee has violated the Open Meetings Act in the following ways: Violation of Section 2,0607) of the Open Meetings Act [5 by flailing to past, in accordance with the OMA, the minutes of the Kankakee City Council meeting: on their webpage within the prescribe time: mandated by the OMA. - Violation of Section of the Open Meetings Act in that the board did not keep meeting minutes, and did not approve meeting minutes of the meeting(:) held on October 2, l6, and 23 0/2017. This link shows meeting ol the complained oi are um pasted: Electronic communications preferred. Thanks for your prompt consideration of this matter, John Kraft