Here’s Assistant Attorney General Matt Hartman reacting to McHenry Elementary School Board member Erik Sivertsen’s complaint about his board’s having held an illegal secret meeting:
Ms. Kimbely Qualls
McHenry Elementary School District 15
1011 North Green Street
McHenry, Illinois 60050
RE: OMA Request for Review — 2017 PAC 47116
Dear Ms. Qualls:
The Public Access Bureau has received a Request for Review under section 3.5( a) of the Open Meetings Act ( OMA) ( 5 ILCS 120/ 3.5(a) (West 2014)) from Mr. Erik John Sivertsen alleging that the McHenry Elementary School District 15 Board of Education (Board) violated OMA.
Specifically, Mr. Sivertsen alleges that on January 26, 2017, the Boards Negotiations Committee (Committee) held a meeting without public notice in violation of section 2. 02(a) of OMA (5 ILCS 120/ 2. 02(a) (West 2014)).
The Public Access Bureau has determined that further action is warranted.
In order to evaluate this matter, we request that the Committee or its representative respond in writing to Mr. Sivertsen’s allegation that the Committee held a meeting on without proper posting of notice or an agenda in violation of section 2. 02(a) of OMA.
In its response, the Committee should identify
- where it met on January 26, 2017,
- the total number of members of the Committee and
- the number of Committee members that were present,
- whether the committee had an agenda for the meeting, and
- where the notice and agenda were posted, if at all.
As required by section 3.5(b) of OMA (5 ILCS 120/ 3.5(b) (West 2014)), please provide this information and a copy of any agenda and minutes for the January 26, 2017, Committee meeting to our office within 7 working days after receipt of this letter.
As we conduct our review of this matter, we will notify you if we need to review additional records or information.
Please note that under the Act, we are required to forward a copy of any response from a public body to the requester and provide the requester an opportunity to reply. 5 ILCS 120/ 3.5(c) West 2014).
The Act also permits a public body to provide a redacted version of any response for release to the requester.
If you believe that other documents or information would be helpful to us as we review the issues, you may submit additional records or affidavits.
If you have any questions, you may contact me at (217) 782- 9054 or the Springfield address below.
Very truly yours,
Assistant Attorney General
Public Access Bureau
= = = = =
The sample ballot for the McHenry Grade School Board election next Tuesday: