OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS Lisa Madigan ATTORNEY GENERAL January 4, 2018 Via electronic mail The Honorable Deanna Demuzio Mayor City of Carlinville Carlinville City Hall 550 North Broad Street Carlinville, Illinois 62626 ddemuzio@cityofcarlinville.com RE: OMA Request for Review —2018 PAC 51069 Requester: Mr. John Kraft, on behalf of Illinois Leaks Dear Ms. Demuzio: The Public Access Bureau has received the attached Request for Review under section 3. 5( a) of the Open Meetings Act ( OMA) ( 5 ILCS 120/ 3. 5( a) ( West 2016)) from Mr. John Kraft, on behalf of Illinois Leaks, alleging that the City of Carlinville City Council ( Council) potentially violated OMA in connection with its January 2, 2018, meeting. Specifically, Mr. Kraft alleges that the Council improperly took final action without having provided sufficient advance notice on the agenda. We have determined that further action is warranted. In order to evaluate this matter, we request that the Council or its representative respond in writing to Mr. Kraft' s allegation that the Council failed to provide proper notice on the agenda' for its January 2, 2018, meeting of the final actions taken when it: ( 1) voted to suspend its rules; and ( 2) voted on a sexual harassment policy ordinance that the agenda listed as being subject to a " First Read. i2 Please also provide copies of the agenda and minutes ( in draft form if necessary) of the Council' s January 2, 2018, meeting for this office' s confidential review. Section 2. 02( c) of OMA ( 5 ILCS 120/ 2. 02( c) ( West 2016)) provides: " Any agenda required under this Section shall set forth the general subject matter of any resolution or ordinance that will be the subject of final action at the meeting." 2City of Carlinville City Council, Agenda Item ( unnumbered), Ordinance Adopting Policy Prohibiting Sexual Harassment - First Read ( January 2, 2018). 500 South Second Street, Springfield, Illinois 62701 • ( 217) 782- 1090 • TTY: ( 217) 785 - 2771 • Fax: ( 217) 782- 7046 100 West Randolph Street, Chicago, Illinois, 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 The Honorable Deanna Demuziu January 4, 2018 Page 2 As required by section 3.5(b) of OMA (5 ILCS (Wesl 2016)), plane provide Ihis inrnmaiion to our office within 7 working days after receipt ohhis iener. As we eonduci our review cflhis matter. we will notify you lfwe need in review additional records ar inlennation. Please nme than under the Acl, we are required to forward a copy of any response from a public body Io rhe requester and provide the requester an uppcnunily In reply. 5 (West 2016), The Act also permits a public body In provide a redacted version of any [or release lo the requesler. It'you believe lhal clher documents 01' information would be helpful 10 us as we review ihc issues, you may submit adduional records or affidavits. Please conlact me 21 (312) 793-0865 or the Chicago address on Ihe firsl page of (his leller if you have quesllons or would like to discuss this mafler. very MARIE HOLLISTER Ancmey General Public Access Bureau cc: Vin electronic mail Mr. John Krafi S c R Carnes, Jodi From: John Kraft < john@illinoisleaks. Sent: Tuesday, January 02, 2018 8: 37 PM com> To: Public Access; Public Access Cc: Kirk Allen Subject: OMA Request for Review ( City of Carlinville) - 1- 2- 2018 AG PAC, Please consider this a request for review of allegations of Open Meetings Act violations. NAME OF PUBLIC BODY: City of Carlinville DATE OF ALLEGED OMA VIOLATONS: January 2, 2018 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 of this Act by a public body has occurred may file a request for review of the alleged violation. ALLEGATION: This is an allegation that the Carlinville has violated the Open Meetings Act in the following ways: Adopting a Resolution without it being properly placed on the Meeting Agenda for the action ofadopting the Resolution. In particular, here are I believe is the violation of the Open Meetings Act: City Council voted to "suspend the rules" and voted to adopt a sexual harassment policy when the specific agenda item stated " First Reading" — it never said anything about voting to adopt (or final action) the Resolution at this meeting. Please keep in mind, they cannot " suspend the rules of the Open Meetings Act" to vote on adopting something not listed on the agenda to adopt. The Agenda: http:// www.cityofcarlinville. com/ PDF/ Agendas/ 2018/ City%20Council%20Meeting%20Agenda% 201-218. pdf Electronic communications preferred. Thanks for your prompt consideration of this matter, John Kraft 7060 Illinois Highway 1 1 Paris, Illinois 61944 217-808-2527 iohn@i1linoisleaks.com