OFFICE OF THE ATTORNEY GENERAL
STATE

OF ILLINOIS

KWAME RAOUL
ATTORNEY

GENERAL

April 28, 2020

Via electronic mail
The Honorable Alyssia Benford
Trustee

DuPage Township Board of Trustees
241 Canterbury Lane
Bolingbrook, Illinois 60440
allysiabenford@comcast.

net

Via electronic mail

Ms. Mary Norwell
Odelson &

Sterk, Ltd.

3318 West 95th Street
Evergreen Park, Illinois 60805
mnorwell@odelsonsterk.

RE:

com

OMA Request for Review —2019 PAC 60758

Dear Ms. Benford and Ms. Norwell:
This determination
OMA) ( 5 ILCS 120/ 3. 5(

a) (

is issued pursuant to section 3. 5( e) of the Open Meetings

Act

West 2018)).

On November 21, 2019, this office received a Request for Review in which Ms.

Township Board of Trustees ( Board), alleged that the
Board' s Senior Committee ( Committee) violated OMA. Specifically, Ms. Benford alleged that
the minutes of the Committee' s May 1, 2019, May 7, 2019, June 4, 2019, July 9, 2019, and
August 6, 2019, meetings did not expressly identify the members of the Committee who attended
Alyssia Benford,

a member

of

the DuPage

those meetings.

On December 2, 2019, the Public Access Bureau issued a determination

concluding that it was unable to review the adequacy of the minutes at issue because the

Committee approved them more than 60 days before Ms. Benford filed her Request for Review
and because she did not assert or demonstrate that she did not discover facts concerning the

500 South Second
100 West Randolph
601

South

University

Street,

Springfield,

Street, Chicago,
Ave., Carbondale,

Illinois 62701 • (
Illinois

60601 • (

217)
312)

Illinois 62901 • (

782- 1090 •
814- 3000 •

TTY: ( 877)

844- 5461 •

TTY: ( 800) 964- 3013 •

Fax: ( 217)
Fax: ( 312)

618) 529- 6400 • TTY: ( 877) 675- 9339 •

782- 7046
814- 3806

Fax: ( 618) 529- 6416

 The Honorable Alyssia Benford

Ms. Mary Norwell
April 28, 2020
Page 2

alleged violations within 60 days of the Committee' s approval of the minutes despite using
reasonable

diligence.'

Ms. Benford then documented for this office that the Committee did

approve the minutes of its August 6, 2019, meeting within 60 days of the submission of her
Request for Review, and stated that she wished to pursue this matter.

Accordingly, this office re -opened this matter and asked the Committee to provide
a copy of the minutes of its August 6, 2019, meeting and a written response to Ms. Benford' s
allegation.

On December

23, 2019, counsel for the Committee

responded

that the Committee

would amend the minutes to reflect the members who attended, and that the Board' s secretary

confirmed that she would identify members who attended meetings when compiling future
minutes.

On December 28, 2019, Ms. Benford replied that the response did not resolve her

complaint, and asked this office to determine that the Committee violated OMA.
Section 2. 06( a)( 2)

of

OMA ( 5 ILCS 120/ 2. 06( a)( 2) ( West 2018)) requires, in

pertinent part, that all public bodies include in meeting minutes " the members of the public body
recorded

as either

present

or absent."

It is undisputed that the Committee violated that provision

by failing to identify the members who attended its August 6, 2019, meeting in the minutes of
that meeting.

Because the Committee agreed to amend the minutes to include the members who

attended, no further remedial action is required.

Section 3. 5( a) of OMA ( 5 ILCS 120/ 3. 5( a) ( West 2018)) provides:

A person who believes that a violation of this Act by a public body has
occurred may file a request for review with the Public Access Counselor

established in the Office of the Attorney General not later 60 days after the
alleged OMA violation. If facts concerning the violation are not discovered
within the 60 -day period, but are discovered at a later date, not exceeding 2
years after the alleged violation, by a person utilizing reasonable diligence, the
request for review may be made within 60 days of the discovery of the alleged
violation. (

Emphasis

added.)

 The Honorable Alyssia Benford

Ms. Mary Norwell
April 28, 2020
Page 3

The Public Access Counselor has determined that resolution of this matter does

not require the issuance of a binding opinion. This file is closed. If you have any questions,
please contact me at ( 312) 814- 6756.

Very truly yours,

STEVE SILVERMAN
Bureau Chief
Public Access Bureau

60758 o 206 minutes improper twp
cc:

The Honorable Maripat Oliver
Trustee
Senior Committee

DuPage Township Board of Trustees
241 Canterbury Lane
Bolingbrook,

Illinois 60440