OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
October 11, 2017
The Honorable Mark Bolander
Mayor
City of Newton, Illinois
108 North Van Buren Street
Newton, Illinois 62448
RE: OMA Request for Review — 2017 PAC 49875
Dear Mayor Bolander:
The Public Access Bureau has received a Request for Review in which Mr. Larry
Short alleges that the City of Newton ( City) City Council ( Council) violated the Open Meetings
Act ( OMA) ( 5 ILCS 120/ 1 et seq. ( West 2016)). A copy of the Request for Review is enclosed.
In his Request for Review, Mr. Short alleges that the City purchased a real estate
parcel ( PIN: 90- 12- 01- 405- 005) on August 30, 2017, but that the City Council has not held a
public discussion or taken a public vote to authorize the purchase of that real estate parcel. Mr.
Short further alleges that on August 15, 2017, the City Council held a closed session meeting for
the purpose of discussing the purchase of real estate, and either took final action with respect to
the purchase of the parcel during that closed session meeting, in violation of section 2( e) of
OMA (5 ILCS 120/ 2( e) ( West 2016)), or voted to approve that purchase at some other unnoticed
meeting. We have determined that further action is warranted.
Section 2( e) of OMA states that "[ n] o 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."
In order to further evaluate this matter, we request that the Council or its
representative provide a written response to the allegation that the Council impermissibly voted
to authorize the purchase of real estate during its August 15, 2017, closed session meeting or at
some other unnoticed meeting. Please provide for our confidential review a copies of the
verbatim recording of the August 15, 2017, closed session meeting and the meeting minutes ( in
draft form if necessary). In your response, please identify any other meeting, including any
closed session meeting, during which the Council voted or otherwise took final action to
authorize the purchase of the real estate parcel identified above. If the vote or final action
occurred during scheduled Council meeting, please provide for our confidential review a copy of
the agenda, minutes, and verbatim recording ( if meeting was closed) from that meeting. If the
Council did not take final action during a scheduled meeting, please describe any
communications ( including in- person, telephonic, e- mail, or other forms of communication)
between and among the Mayor and Council members with respect to the purchase of the
identified real estate parcel.
As required by section 3. 5( b) of the Open Meetings Act ( 5 ILCS 120/ 3. 5( b) ( West
2016)), please provide this information to our office within seven ( 7) business days after receipt
of this letter. As we review this matter, we will advise you if we require additional information.
Any written response submitted may take the form of a letter, brief, or memorandum. Under
OMA, "[ t] he Public Access Counselor shall forward a copy of the answer or redacted answer, if
furnished, to the person submitting the request for review. The requester may, but is not required
to, respond in writing[.]" 5 ILCS 120/ 3. 5( c) ( West 2016)). If you claim that any portion of
your written response is confidential, please send two versions of your response letter: a
complete copy for this office' s confidential review and a redacted version suitable for this
office to forward 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 or would like to discuss this matter, please contact me
at ( 312) 814- 6437 or lbartelt@atg. state. il. us.
Very truly yours,
4cvt Put
LEAH BARTELT
Assistant Attorney General
Public Access Bureau
Enclosure
cc: Via electronic mail
Mr. Larry Short
601 East Decatur
Newton, Illinois 62448
larry@newtonil. com
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
October 11, 2017
The Honorable Mark Bolander
Mayor
City of Newton, Illinois
108 North Van Buren Street
Newton, Illinois 62448
RE: OMA Request for Review — 2017 PAC 49875
Dear Mayor Bolander:
The Public Access Bureau has received a Request for Review in which Mr. Larry
Short alleges that the City of Newton ( City) City Council ( Council) violated the Open Meetings
Act ( OMA) ( 5 ILCS 120/ 1 et seq. ( West 2016)). A copy of the Request for Review is enclosed.
In his Request for Review, Mr. Short alleges that the City purchased a real estate
parcel ( PIN: 90- 12- 01- 405- 005) on August 30, 2017, but that the City Council has not held a
public discussion or taken a public vote to authorize the purchase of that real estate parcel. Mr.
Short further alleges that on August 15, 2017, the City Council held a closed session meeting for
the purpose of discussing the purchase of real estate, and either took final action with respect to
the purchase of the parcel during that closed session meeting, in violation of section 2( e) of
OMA (5 ILCS 120/ 2( e) ( West 2016)), or voted to approve that purchase at some other unnoticed
meeting. We have determined that further action is warranted.
Section 2( e) of OMA states that "[ n] o 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."
In order to further evaluate this matter, we request that the Council or its
representative provide a written response to the allegation that the Council impermissibly voted
to authorize the purchase of real estate during its August 15, 2017, closed session meeting or at
some other unnoticed meeting. Please provide for our confidential review a copies of the
verbatim recording of the August 15, 2017, closed session meeting and the meeting minutes ( in
draft form if necessary). In your response, please identify any other meeting, including any
closed session meeting, during which the Council voted or otherwise took final action to
authorize the purchase of the real estate parcel identified above. If the vote or final action
occurred during scheduled Council meeting, please provide for our confidential review a copy of
the agenda, minutes, and verbatim recording ( if meeting was closed) from that meeting. If the
Council did not take final action during a scheduled meeting, please describe any
communications ( including in- person, telephonic, e- mail, or other forms of communication)
between and among the Mayor and Council members with respect to the purchase of the
identified real estate parcel.
As required by section 3. 5( b) of the Open Meetings Act ( 5 ILCS 120/ 3. 5( b) ( West
2016)), please provide this information to our office within seven ( 7) business days after receipt
of this letter. As we review this matter, we will advise you if we require additional information.
Any written response submitted may take the form of a letter, brief, or memorandum. Under
OMA, "[ t] he Public Access Counselor shall forward a copy of the answer or redacted answer, if
furnished, to the person submitting the request for review. The requester may, but is not required
to, respond in writing[.]" 5 ILCS 120/ 3. 5( c) ( West 2016)). If you claim that any portion of
your written response is confidential, please send two versions of your response letter: a
complete copy for this office' s confidential review and a redacted version suitable for this
office to forward 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 or would like to discuss this matter, please contact me
at ( 312) 814- 6437 or lbartelt@atg. state. il. us.
Very truly yours,
4cvt Put
LEAH BARTELT
Assistant Attorney General
Public Access Bureau
Enclosure
cc: Via electronic mail
Mr. Larry Short
601 East Decatur
Newton, Illinois 62448
larry@newtonil. com
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