OFFICE OF THE ATTORNEY STATE GENERAL 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. com RE: OMA Request for Review —2019 PAC 60757 Dear Ms. Benford and Ms. Norwell: This determination OMA) ( 5 ILCS 120/ 3. 5( e) ( 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. a member of the Township' s Board of Trustees ( Board), alleged that the Alyssia Benford, Board' s Youth Committee ( Committee) failed to take action to approve minutes of its August 19, 2019, meeting even though minutes may have been made available for public inspection. She also appeared to allege that the Committee may have approved minutes at its August 19, 2019, September 23, 2019, and October 28, 2019, meetings without including advance notice of those actions on the agendas for the meetings. On December 2, 2019, this office sent a copy of the Request for Review to the Committee and asked it to clarify if the Committee took action to approve minutes of its August 19, 2019, meeting and, if so, whether the Committee provided advance notice of that action. If 500 South Second Street, 100 West Randolph 601 South University Springfield, Illinois 62701 • ( Street, Chicago, Ave., Illinois 60601 • ( Carbondale, Illinois 62901 • ( 217) 782- 1090 • TTY: ( 877) 84,4- 5461 • Fax: ( 217) 782- 7046 312) 814- 3000 • TTY: ( 800) 964- 3013 • Fax: ( 312) 814- 3806 618) 529- 6400 • TTY: ( 877) 675- 9339 • Fax: ( 618) 529- 6416 The Honorable Alyssia Benford Ms. Mary Norwell April 28, 2020 Page 2 the Committee did take such action, we asked the Committee to provide copies of the minutes and the agenda of the meeting at which the minutes were approved. We also asked the Committee to clarify whether the Committee took action to approve minutes during its September 23, 2019, and October 28, 2019, meetings and, if so, to provide copies of the agendas of those meetings. On March 16, 2020, counsel for the Committee responded. Ms. Benford did not reply. DETERMINATION Section 2. 02( c) part: " of OMA ( 5 ILCS 120/ 2. 02( c) ( West 2018)) provides, in pertinent 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." The Committee' s response to this office confirmed that the Committee approved its August 19, 2019, meeting minutes at its September 23, 2019, meeting, and acknowledged that the approval of minutes did not appear on the agenda. Accordingly, it is undisputed that the Committee violated section 2. 02( c) by approving the minutes without providing advance notice of the general subject matter of that final action on the Septembef 23, 2019, meeting agenda. If it has not already done so, this office asks the Committee to reconsider the approval of the August 19, 2019, minutes at an upcoming meeting after providing advance notice of that action on the meeting agenda. With respect to the September 23, 2019, and October 28, 2019, meetings, section 2. 06( b) of OMA ( 5 ILCS 120/ 2. 06( b) ( West 2018)) provides, that "[ 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." ( Emphasis added.) Based on the materials provided by counsel for the Committee, the second subsequent meeting to the Committee' s September 23, 2019, meeting was held on November 25, 2019,. and the September 23, 2019, minutes were timely approved at that meeting. The second subsequent meeting to the Committee' s October 28, 2019, meeting was held on December 16, 2019, and the October 28, 2019, minutes were timely approved at that meeting. Further, in accordance with section 2. 02( c), agendas of the November 25, 2019, and December 16, 2019, meetings include action items for the approval of minutes. Accordingly, this office concludes that the Committee did not violate OMA in connection with the approval of its September 23, 2019, and October 28, 2019, meeting minutes. 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 closedr If you have questions, please contact me at ( 312) 814- 6756. Very truly yours, STEVE SILVERMAN Bureau Chief Public Access Bureau 60757 o 202 notice improper 206 minutes proper twp