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OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

Lisa Madigan
ATTORNEY GENERAL

June 6, 2011

Ms. Dee Duffy

Freedom of Information Officer

Lee County Zoning Board Old County Courthouse

112 East Second Street Dixon, Illinois 61021

RE: Open Meetings Act Request for Review 2011 PAC 12839

Dear Ms. Duffy and

We have received and reviewed the Request for Review from

regarding the Lee County Zoning Board of Appeal' s ( Board) compliance with the Illinois Open
Meetings Act ( OMA) (5 ILCS 120/ 1
et

seq. ( West 2008)).

The Request for Review alleges that

the Board's Ad Hoc Committee ( Committee) violated the requirements of the OMA by failing to allow the public to address the Committee during its meetings on January 6, 2011, January 25, 2011, and February 23, 2011.
In a letter dated March 24, 2011, we asked that the Board respond to the

allegations raised in Request for Review. The Board responded by letter dated May 5, 2011, asserting that the public had been notified prior to the formation of the Committee that public comments would not be allowed during the Committee' s meetings. The Board explained that the Committee was formed for the purpose of studying the existing zoning ordinance and that the findings of the Committee will be addressed at the Board' s June 2011 meetings, during
which public comments will be permitted. The Board further noted that the Committee was
dissolved on March 25, 2011.

500 South Second Street, Springfield, Illinois 62706( 217) 782- 1090 TTY: ( 217) 785- 2771 Fax:( 217) 782- 7046
100 West Randolph Street, Chicago, Illinois, 60601 ( 312) 814- 3000 TTY: ( 312) 814- 3374 Fax:( 312) 814- 3806
1001 East Main, Carbondale, Illinois 62901 ( 618) 529- 6400 TTY: ( 618) 529- 6403 Fax:( 618) 529- 6416

Ms. Dee Duffy and

June 6, 2011 Page 2

DETERMINATION

The OMA provides that "[ a] ny person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body." 5 ILCS

120/ 2. 06( g) ( West 2008), as amended by Public' Act 96- 1473, effective January 1, 2011.
Based on the available evidence, we conclude that the Committee violated the

requirements of section 2. 06( g) of the OMA by failing to allow the public to address the

Committee during its meetings that were held from January, 2011 through March, 2011. The
Committee's meetings were clearly held to discuss public business and as such, the Committee was required under the OMA to allow for public participation during those meetings. Because section 2. 06( g) of the OMA affords a citizen the right to participate at public meetings, the Committee cannot forbid public comments during its meetings. Further, the record indicates that
neither the Board nor the Committee has " established and recorded" rules governing public

comments at its meetings and, therefore, has not fully complied with the requirements of the
OMA.

In light of this violation and the fact that the Committee has now been dissolved, we ask that the Board immediately take steps to establish and record rules governing the public's right to speak at its meetings and to ensure that rules for addressing Board officials at meetings
are applied consistently.

If either party should have any questions, please contact me at ( 312) 814- 6437.
This correspondence shall serve to close this matter.

Very truly yours,

TO A SOBITAN

Assistant Attorney General

Public Access Bureau

12839

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