OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS Lisa Madigan ATTORNEY GENERAL December 28, 2017 Via electronic mail Mr. Robert L. Jackstadt Tueth Keeney Cooper Mohan Jackstadt P. C. 101 West Vandalia, Suite 210 Edwardsville, Illinois 62025 rjackstadt@tuethkeeney. com RE: OMA Request for Review — 2017 PAC 50150 Dear Mr. Jackstadt: This office has received the November 27, 2017, response of the Board of Trustees ( Board) of the Fosterburg Water District ( District) to the Open Meetings Act ( OMA) Request for Review submitted by Mr. John Kraft. Mr. Kraft' s reply to the Board' s response, which is enclosed with this letter, furnishes this office with additional information. We therefore request that the Board provide a supplemental response to this office addressing the issues raised in Mr. Kraft' s reply. In its response to the Request for Review, the Board asserts that the gathering of Board members held on February 3- 5, 2017, was a " social event" during which "[ n] o public business was discussed." In his reply, Mr. Kraft furnished this office with copies of invoices from the Drury Hotel for expenses incurred from February 3- 5, 2017, and allegedly paid for by the District. The invoices appear to show that the District paid for eight hotel rooms assigned to individual Board members or District personnel. The invoices also appear to show that the District paid for one additional room described as "# 317 Mtg, Fosterburg Water District," which was billed at a higher rate that any of the rooms assigned to individual Board members or District personnel. In the Boards supplemental response, please explain how the Board used Room 317 during the February 3- 5, 2017, gathering. As required by section 3. 5( b) of the Open Meetings Act ( 5 ILCS 120/ 3. 5( b) ( West 2016)), please provide this information to our office within seven ( 7) business days after receipt of this letter. As we review this matter, we will advise you if we require additional information. Any written response submitted may take the form of a letter, brief, or memorandum. Under OMA, "[ t] he Public Access Counselor shall forward a copy of the answer or redacted answer, if 500 South Second Street, Springfield, Illinois 62706 • ( 217) 782- 1090 • Chicago, Illinois, 60601 • ( 312) 814- 3000 • TTY: ( 217) 785 - 2771 • Fax: ( 217) 782- 7046 TTY: ( 312) 814- 3374 • Fax: ( 312) 814- 3806 East Main. Carbondale. Illinois 62901 • ( 618) 529- 6400 • TTY: ( 618) 529- 6403 • Fax: ( 618) 529- 6416 100 West Randolph Street, Mr. Robert Jackstadt December 28, 2017 Page 2 furnished, to line person submitting the request for review, The requester may, but is not required to, respond in writingH" 5 ILCS (West 2016)). "you claim that any portion of yourwritteu response is confidentlal, please send two versions ofyour response letter: a complete copy for this office's confidenlial review and a redacted Version suitable for this office to forward It) the requester. If you believe that other documents or information would be helpful to us as we review the issues, you may submit additional records or affidavits, If you have any questions or would like to discuss this matter, please Contact me at (312) 814-6437 or lbanell@atg.state.il.us. Very lruly yours, LEAH BARTELT Assistant Attorney General Public Access Bureau Enclosure CC: Via electronic mail Mr. John Krafi Banelt, Leah John Klan -- Thulsday, Des: "War 14' 2017 6.56 AM Public Access; 'Ija:ksladmnuuhkeeneyscom' Buneip Leah PAC 50150 Additional resnonsez Rani [5 form [he Drury Halal Show the board (in addition to all [he mher hotel rooms) ranked Room H317 iorl days under MTG, FOSTERBURG WATER and "317 cm the actual Veteipt So they told Drurv Holelma! room was lor a meeting ol the walel Did [hey lie (he halel the same way may lied the me lasl page unhlsamumenl slmwing m: holei: Elutrwnic communiralions praferlld. Thanks, lohn Klafl Oviginal Message-m- From: John Klan 52 Thursday, Deumbel 14, 2017 5:42 AM ubil: mess' 'ljackslamanuelhkaeneymm' Cc: amen, Leah us> SubjectfiE1PAC 50150 My response Fnsterburg Solrvilislalel only one ullwo hapnened. amen I. The Bean! ofTruSKeIS cHhe Fosxerbulg Water Dislvicl lied lo we AG and afluallv held an illegal meeting in Mlssoun - especially Since {hey rented a Separate suite fal (he "mening mam" which was separate and Eva" 1mm [he hDul rooms they were sleeping In - AND we FOIA rlquest I received mntalned an annmuion on the credit card recelpl slanng "Board Outing", 0R 2. Each and every lluslee and famlly member commiued criminal Am (Felonies) lo! illegal use ol public Iunds. IF (here was no meeting and no publlc business discussed, men mare could neverhave been a public purpose for moss :xpandilules (See me Amcle smian 1). Us: afpublic funds uquiresa public purpose Alcohui fueled flunk-fem in Mlssourl can never be considered a public puvpcse, Since the watei district never supplied any sworn amdavits to! theii claims of "no puhlic business discussed" suggest they provide them. Electronic sommunicaliuns preievred, thanks, John Kraft Front: Public Access [mai 0 iI us] Slut: 'Iuesda November 28 2017 3 9 PM Yo: John Kra 'rJackstadtQtuethkeeney.com' Cc: Banelt, leah DPH - CHESTERFIELD 355 CHESTERFIELD CENTER EAST CHESTERFIELD, MO 63017 Phone - 636- 532- 3300 Fax - 636- 536- 9981 EMTG,, tOSTERB FOSTERBURG_ A,TTERrDISTRICT CNATER- DISTRICT Room Numbea. 317..) Daily Rate: 154. 00 Room Type: NKS Number of Guests: 1 / 0 ARRIVAL DEPARTURE 02/03/ 17 RATE PLAN 02! 05/ 17 CORP DATE ROOM # DESCRIPTION 02/ 03/ 17 317 ROOM 02/ 03/ 17 317 02/ 03/ 17 317 OCCUPANCY TAX 02/ 04/ 17 317 ROOM 02/ 04/ 17 317 ROOM TAX 02/ 04/ 17 317 OCCUPANCY TAX 02/ 05/ 17 317 CATEGORY ACCOUNT RETAIL 221762 REFERENCE 317,:MTG) FOSTERBURG ROOM TAX AMOUNT WATER DISTRICT 154. 00 ROOM TAX 12. 49 OCCUPANCY TAX 7 1.1.7_MT.Gj, FOSTERBURG MASTER CARD 11. 17 WATER DISTRICT 154. 00 ROOM TAX OCCUPANCY TAX 12. 49 11. 17 4242 MASTER CARD 355; 32) TOTAL DUE: 0. 00 and that payablthee inupon ation.company I agree torhatassoci my liaatbiiolnityfafoilsr ttohispaybil forany is notwaipartvedorandthe agree to be ofhelthese d personal ly lTERMS: iable In thDue e event dicatedpresent person, full amount charges. Additional charges made after 1: 00 a.m. will be added to your credit card. Drury Hotels Company, LLC . 721 Emerson Road, Suite 400 . St, Louis, MO 63141 . dmrvedn, rvinn rent