Glen Ellyn School Board D41 did not violate OMA by changing meeting location

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Dear- and Mr. Faulkner:

meeting, and therefore that the Board's actions after the meeting recommenced are void. On Juhe 9, 2017, the Board responded by stating that a vote to suspend and reconvene the meeting wJs not necessary under OMA but was in fact taken, enclosing an affidavit from the Board's RJcording Secretary, Ms. Nancy Mogk, and a copy of the "Board Motion Sheet" she used to trqck votes. On June 13, 2017,-eplied by questioning why the Board held such a vote if it was unnecessary.

I ANALYSIS

I Č "The Open Meetings Act provides that public agencies exist to aid in the conduct of 1the people's business, and that the intent of the Act is to assure that agency actions be taken onenly and that their deliberations be conducted openly." Gosnell v. Hogan, 179 Ill. App. 3d Ič I, 171 ( 5th Dist. 1989).

I I As an initial matter, the Public Access Counselor's authority to resolve disputes is limited to alleged violations of OMA and the Freedom of Information Act (5 ILCS 140/1 et seq. (West 2016)). See 15 ILCS 205/7(c)(3) (West 2016). Accordingly, this office is not authorized to lreview alleged violations of other statutes or a public body's own governing documents.

I Under section 2.01 of OMA (5 ILCS 120/2.01 (West 2016)), "(a]ll meetings re4uired by this Act to be public shall be held at specified times and places which are convenient and open to the public." Section 2.02(a) of OMA (5 ILCS 120/2.02(a) (West 2016)) adds that "[J]n agenda for each regular meeting shall be posted at the principal office of the public body and at the location where the meeting is to be held at least 48 hours in advance of the holding of thb meeting." Section 2.02(a) further provides:

Public notice of any special meeting except • • • any reconvened meeting, shall be given at least 48 hours before such meeting[.] • • • The requirement of public notice of reconvened meetings does not apply to any case where the meeting was open to the public and (I) it is to be reconvened within 24 hours, or (2) an announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in the agenda.

In its response to this office, the Board explained that its May I, 20 I 7, meeting was held at the District Office until the building lost power at approximately 9: 15 p.m.; at around 9:32 p.m., the Board adopted a motion to suspend and reconvene the meeting at an elementary school one mile away. The meeting then recommenced at approximately 9:58 p.m. With respect to !the notice provided to the public, the Board stated:

As those present at the meeting moved to Churchill School, a sign was posted at the front entrance of the District Office which read: "Due to power outage, the meeting has been moved to Churchill School, 240 Geneva Road, Glen Ellyn." Additionally, a custodian remained at the District Office to direct anyone who came to the building to attend the meeting to go to Churchill School. To the best of the District's knowledge, no one came to the District Office while the custodian was on duty after the meeting was relocated to Churchill School. Finally, as the meeting was being moved, a pop up alert was posted on the District's website, a posting was made to the District's Facebook page and an e-News notice was sent to District subscribers, all of which contained notice of the move to Churchill School.

• • • To the best of the District's knowledge, virtually all, if not all, people present at the meeting at the District Office moved to Churchill School. At approximately 12 midnight, the District's Director of Communications left Churchill School and returned to the District Office to relieve the custodian whose shift was ending. The Director of Communications remained in her car in the parking lot near the front entrance to the District Office until the meeting at Churchill adjourned at approximately 1 :44 a.m. on May 2, 2017. No one came to the District Office while the Director of Communications was present[.]121 notice and without voting on the motion to 'suspend and reconvene' the Board was not acting in a miumer consistent with the requirements of' OMA.3 However, OMA does not govern pai-liamentary procedure, and under the plain language of section 2.02(a) of OMA, a meeting can bÄ reconvened without further notice as long as an announcement of the time and place of the rebonvened meeting is made at the original meeting and there is no change in the agenda. In any eVent, Ms. Mogk's affidavit establishes that a vote was, in fact, taken to suspend and reconvene thà meeting, despite the omission from the minutes. Because the available information dÄmonstrates that the Board took sufficient steps to notify the public of the change in location dJring its May 1, 2017, meeting, and otherwise conducted the meeting openly, this office cdncludes that the Board did not violate those requirements of OMA.

I I The Public Access Counselor has determined that resolution of this matter does n9t require the issuance of a binding opinion. If you have any questions, please contact me at the Chicago address on the first page of this letter. This letter serves to close this matter.

I JOSHUA M. JONES Supervising Attorney Public Access Bureau 4 t09 o 202 notice proper sd