Wesley Township Board violated OMA by taking final action outside open meeting

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Dear Mr. Kraft, and Ms. Quigley:

the camping area. Four Board members agreed that we needed to stop the camping." l The member of the public replied that he could not recall the Board reaching such an agreement at a Board meeting.

On June 24, 2019, this office sent copies of the Requests for Review to the Board and asked it to provide a written response to the allegation that the Board held a private gathering and took action to prohibit camping at the Park. If the Board had prohibited camping at the Park, we asked the Board to explain when and how that decision was made and to describe how Board members communicated about the matter and reached a consensus. On July 2, 2019, the Township supervisor responded that the Board did not hold any meetings about camping at the Park. Instead, she stated that after problems at the Park which resulted in the involvement of police were reported to Board members, "[ t] he supervisor was contacted by phone or in person by each of the four Board members."' The response further stated, in pertinent part:

Each board member stated they wanted camping at the Park suspended until further notice. The trustees felt the enjoyment [ of]

Park patrons camping was being interfered with by dissenting 5 ILCS I 20/2( e) ( West 2018)) provides that "[ nit) final action may be taken at a closed meeting. Final action shall be preceded by a public recital of the nature of the matter being considered and other information that will inform the public of the business being conducted." A public body must post an agenda that sets forth " the general subject matter of any resolution or ordinance that will be the subject of final action at the meeting." 5 ILCS 120/ 2. 02( c) ( West 2018).

It is permissible for a public body to take a preliminary vote in a closed session, but all final actions must be taken in an open meeting. Board ofEducation ofSpringfield School District No. 186 v. Attorney Gen. of Illinois, 2017 IL 120343, ¶¶ 73- 74, 77 N. E. 3d 625, 637 2017); see also Howe v. Retirement Board of the Firemen' s Annuity & Benefit Fund, Howe, 2013 IL App ( 1st) 122446, ¶29, 996 N.E.2d 664, 670 ( 2013) ( vacating the board's decision to deny disability benefits because the board had circulated the decision for signatures privately rather than voting on it in open session); Lawrence v. Williams, 2013 IL App ( 1st) 130757, ¶ 21, 988 N.E.2d 1039, 1043- 44 ( 2013) ( finding electoral board' s written decision null and void because the decision was not made in an open meeting).

The Board' s response to this office stated that camping was prohibited at the Park after four Board members contacted the Township supervisor and indicated that they wanted camping suspended until further notice. Although there is no indication that the five -member Board4 held an improper " meeting" as that term is defined by OMA, 5 the Board members manifested a collective decision to prohibit camping at the Park through their communications with the Township supervisor. The Board has not asserted that this decision was subsequently ratified at an open meeting after the Board provided proper advance notice, a public recital of its final action, and otherwise complied with the requirements of OMA. Further, the decision to prohibit camping at the Park was implemented by posting " no camping" notices at the Park and on the Village' s website. Even if the Board considered the problems at the Park an emergency, OMA still requires a public body addressing a " bona fide emergency" to take final action in open session. 6 Accordingly, this office concludes that the Board violated section 2( e) of OMA.

In accordance with the conclusions expressed above, this office requests that the Board remedy its violation of OMA by reconsidering and taking final action concerning camping at the Park during an open meeting in which it fully complies with the requirements of OMA. The Public Access Counselor has determined that resolution of these matters does not require the issuance of a binding opinion. If you have any questions, please contact me at ( 312) 814- 6756. These files are closed.

Very truly yours,

STEVE SILVERMAN

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