OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS Kwame Raoul ATTORNEY GENERAL August 27, 2019 Via electronic mail The Honorable JoAnn Quigley Supervisor Wesley Township 21333 Ballou Road Wilmington, Illinois 60481 Wesleysuper2017@outlook. com Via electronic mail Mr. Stewart H. Diamond Ancel Glink 140 North Dearborn Street, Suite 600 Chicago, Illinois 60603 sdiamond@ancelglink. com RE: OMA Request for Review —2019 PAC 58555; 2019 PAC 58614; 2019 PAC 58615 Dear Ms. Quigley and Mr. Diamond: Thank you for notifying this office that the Wesley Township Board ( Board) took action at its August 13, 2019, meeting to permit camping at the Township park that was the subject of the above -captioned Requests for Review. Because the Public Access Bureau asked the Board to remedy its violation of the Open Meetings Actl ( OMA) in these matters by taking action on the camping issue during an open meeting, no further remedial action is required. With respect to your request that this office reconsider and modify its determination that the Board violated section 2( e) of the Open Meetings Act ( OMA) ( 5 ILCS 120/2( e) ( West 2018)) by taking final action outside of an open meeting to prohibit camping at the park, the procedures for processing a Request for Review are clearly set forth in section 3. 5( a) of OMA ( 5 ILCS 120/ 3. 5 ( West 2018)). In acdordance with those procedures, this office 15 ILCS 120/ 1 etseq. ( West2018). 500 South Second Street, Springfield, 100 West Randolph Street, Chicago, 1001 East Main, Carbondale, Illinois 62701 • ( Illinois, 60601 • ( 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 JoAnn Quigley Mr. Stewart ii. Diamond August 27, 2019 Page 2 fully reviewed the materials and arguments submitted by the parties. Although the request for reconsideration asserts that the Tovmship supervisor acted unilaterally to prohibit camping at the park pursuant to her authority as the Township's chiefexecutive oincer, the Township supervisor did not make that claim in her July 2, 2019, response to this office. Further, the Township supervisor's video recorded statements during the Township's June 13, 2019, meeting plainly indicatcd that the Board had acted collectively to prohibit camping: "[Wle had a situation, we acted on it. [t was in our estimation an emergent situation that we needed to stop any more problems with the Park, with the camping area Four Board members agreed that we needed to stop the camping"2 (Emphasis added.) Accordingly, this office declines to vacate or modify its determination in this matter. This office notes, however, that the Public Access Bureau has consistently determined that public bodies do not violatc OMA when their individual members take unilateral actions without the approval oftheir public body, Eg, [ll Att'y Gen, PAC Req, Rev. Ltr, 40963, issued April 4, 2016, governs the transparency with whiclipub/i'c bodies conduct public business; OMA does not govern the unilateral actions nfonc Board member outside of an open (Emphasis in original>>; Ill, Att'y Gen. PAC Req. Rev. Ltr. 31883, issued March 24, 2016, at 3 (university board oftrustees did not violate OMA when chairman sent a letter to the faculty senate stating that it would not be recognized as an official university organization unless certain measures were taken); 111. Atty Gen. PAC Req. Rev. Ltr. 46147, issued February 14, 2017, at 2 (village board oftrustees did not violate OMA when mayor appointed trustee without approval of board). - If you have any questions, please Contact me at (217) 557-0548. Vcry truly yours, SARAH Li PRATT Public Access Counselor cc: Via electronit mm! John Kra Wesley Township Board DfTrustecs, Meeting, June 12,2019. Video File. available at (last Visited August IS. 2019), The Honorable qugley Mr. S'ewan 11. Diamond August 27, 2019 Page 3 Via elm-Ironic mu}! Ms Rebecca Beckcr Via elecrrom'c mall