OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF
ILLINOIS
Lisa
Madigan
ATTORNEY
GENERAL
January
9,
2019
PUBLIC
ACCESS
OPINION
19-
002
Request
for
Review
2018
PAC
55462)
OPEN
MEETINGS
ACT:
Established"
and
Recorded
Rules
for
Public
Comment
Mr.
Martin
Stack
19
East
1st
Street
Hinsdale,
Illinois
60521
The
Honorable
Marge
Hubacek
President,
Board
of
Education
Lyons
Elementary
School
District
103
4100
Joliet
Avenue
Lyons,
Illinois
60534
Dear
Mr.
Stack
and
Ms.
Hubacek:
This
binding opinion
is
issued
pursuant
to
section
3.
5(
e)
of
the
Open
Meetings
Act (
OMA) (
5
ILCS
120/
3.
5(
e) (
West
2016)).
For
the
reasons
discussed
below,
this
office
concludes
that
the
Lyons
Elementary
School
District
103 (
District)
Board
of
Education (
Board)
violated
OMA
during
its
October
22,
2018,
meeting
by
enforcing
an
unestablished
and
unrecorded
rule
limiting
the
public
comment
portion
of
the
meeting
to
15
minutes.
BACKGROUND
On
October
24,
2018,
the
Public
Access
Bureau
received
a
Request
for
Review
from
Mr.
Martin
Stack
alleging
that
the
Board
improperly
allotted
a
total
of
only
15
minutes
to
public
comment
during
its
October
22,
2018,
regular
meeting.'
Mr.
Stack
stated
that "[
i]
t
had
just
become
public
knowledge
that [
the
District]
had
hired
a
6th
grade
English
teacher
for
the
Letter
from
Martin
Stack
to
Sarah
Pratt,
Public
Access
Counselor,
Office
of
the
Attorney
General
October
24,
2018).
500
South
Second
Street,
Springfield,
Illinois
62706 • ( 217)
782-
1090 •
TTY: (
877)
844-
5461 •
Fax: (
217)
782-
7046
100
West
Randolph
Street,
Chicago,
Illinois
60601 • (
312)
814-
3000 •
TTY: (
800)
964-
3013 •
Fax: (
312)
814-
3806
601
South
University
Avenue,
Suite
102,
Carbondale,
Illinois
62901 • (
618)
529-
6400 •
TTY: (
8771
675-
9139 •
Far (
61R1579-
6416
Mr.
Martin
Stack
The
Honorable
Marge
Hubacek
January
9,
2019
Page
2
2018-
2019
schoolyear
after
he
wascharged
with
9
counts
of
Attempt
Murder
for
shooting
a
person
seven (
7)
times."
2
Mr.
Stack
further
stated
that "
approximately
100
parents
and
members
of
the
public
as
well
as
several
politicians"
attended
the
meeting
and
that "[
m]
any
of
these
people
wanted
to
speak
during
the
Public
Comment
period
to
express
their
concerns
and
fears
with
the
School
Board."
3
According
to
Mr.
Stack,
the
Board
announced
at
the
meeting
that, "
in
accordance
with
board
rules
that
they '
had
used
before,"'
members
of
the
public
would
be
permitted
to
speak
for
3
minutes
each
for
a
total
of
15
minutes
for
all
speakers.
4
Mr.
Stack
asserted
that
some
members
of
the
public
who
wished
to
address
the
Board
were
unable
to
do
so
because
of
the
15 -
minute
cap
on the
public
comment
period:
The
15 -
minute
time
period
elapsed
just
when
a
commissioner
and
other
parents
approached
to
talk.
The
Board
refused
to
extend
the
15
minute
period,
saying
that
they
had
already
given
the
public
enough
time.
Despite
calls
from
many
members
of
the
public
audience
to
let
them
talk,
the
Board
refused
to
allow
them
to
do
so.
151
Mr.
Stack
directed
this
office
to
the
Board'
s
policy
manual
posted
on
the
District'
s
website,"
and
noted that
although
the
policy
pertaining
to
public
participation
at
meetings
limits
comments
to
three
minutes
per
person,
it
makes "
no
mention
of
a
15 -
minute
cap
in
comments."
7
On
October
31,
2018,
the
Public
Access
Bureau
forwarded
a
copy
of
the
Request
for
Review
to
the
president
of
the
Board,
Ms.
Marge
Hubacek,
and
asked
the
Board
to
provide
a
written
response
to
the
allegations
in
the
Request
for
Review,
together
with
a
copy
of
any
Board
Letter
from
Martin
Stack
to
Sarah
Pratt,
Public
Access
Counselor,
Office
of
the
Attorney
General
October
24,
2018).
Letter
from
Martin
Stack
to
Sarah
October
24,
2018).
Letter
from
Martin
Stack
to
Sarah
October
24,
2018).
5Letter
from
Martin
Stack
to
Sarah
October
24,
2018).
Pratt,
Public
Access
Pratt,
Public
Access
Pratt,
Public
Access
Lyons
Elementary
School
District
available
at
https://
boardpolicyonline.
com/?
b=
lyons_
Letter
from
Martin
Stack
to
Sarah
October
24,
2018).
103,
Policy
Manual,
103.
Pratt,
Public
Access
Counselor,
Office
of
the
Attomey
General
Counselor,
Office
of
the
Attorney
General
Counselor,
Office
of
the
Attorney
General
2:
230 (
adopted
December
15,
2014),
Counselor,
Office
of
the
Attorney
General
Mr.
Martin
Stack
The
Honorable
Marge
Hubacek
January
9,
2019
Page
3
rules
or
policies
governing
public
comment
that
were
in
effect
at
the
time
of
the
meeting.
8
The
Public
Access
Bureau
also
asked
the
Board
to
provide
copies
of
the
agenda,
minutes,
and
recording,
if
any,
of
the
open
session
portion
of
the
October
22,
2018,
meeting.
9
Because
the
Public
Access
Bureau
did
not
receive
a
response
from
the
Board,
on
November
16,
2018,
we
sent
a
second
request
to
the
Board
seeking
the
same
materials.
10
On
November
19,
2018,
the
District'
s
Interim
Superintendent,
Mr.
Patrick
Patt,
provided
a
written
response
on
behalf
of
the
Board,'
1
together
with
copies
of
the
same
public
comment
policy
that
Mr.
Stack
referenced
and
a
handout
entitled "
Welcome
to the
Elementary
School
District
No.
103
Board
of
Education
Meeting" (
Welcome
Handout).
12
On
November
20,
2018, the
Public
Access
Bureau
forwarded
a
copy
of
the
Board'
s
response
to
Mr.
Stack;
he
did
not
reply.
13
On
December
17,
2018,
this
office
properly
extended
the
time
within
which
to
issue
a
binding opinion
by
21
business
days,
to
January
24,
2019,
pursuant
to
section
3. 5(
e)
of
OMA.
14
ANALYSIS
Under
OMA, "[
i]
t
is
the
public
policy
of
this
State
that
public
bodies
exist
to
aid
in
the
conduct
of
the
people'
s
business[.]"
5
ILCS
120/
1 (
West
2016).
Section
2.
06(
g)
of
OMA
5
ILCS
120/
2.
06( g) (
West
2016))
provides
that "[
a]
ny
person
shall
be
permitted
an
opportunity
to
address
public
officials
under
the
rules
established
and
recorded
by
the
public
body."
Letter
from
Teresa
Lim,
Assistant
Attorney
General,
Public
Access
Bureau,
Office
of
the
Attorney
General,
to
Marge
Hubacek,
President,
Board
of
Education,
Lyons
School
District
103 (
October
31,
2018).
9Letter
from
Teresa
Lim,
Assistant
Attorney
General,
Public
Access
Bureau,
Office
of
the
Attorney
General,
to
Marge
Hubacek,
President,
Board
of
Education,
Lyons
School
District
103 (
October
31,
2018).
10Letter
from
Teresa
Lim,
Assistant
Attorney
General,
Public
Access
Bureau,
Office
of
the
Attorney
General
to
Marge
Hubacek,
President,
Board
of
Education,
Lyons
School
District
103 (
November
16,
2018).
In
its
written
response,
the
Board
stated
that
it
did
not
receive
this
office'
s
October
31,
2018,
correspondence
until
the
date
of
its
response.
1'
Letter
from
Patrick
Patt,
Interim
Superintendent,
Lyons
Elementary
SD
103,
to
Assistant
Attorney
General
Teresa
Lim,
Office
of
the
Attorney
General (
November
19,
2018).
Letter
from
Teresa
Lim,
Assistant
Attorney
General,
Public
Access
Bureau,
Office
of
the
Attorney
General,
to
Martin
Stack (
November
20,
2018).
14Letter
from
Teresa
Lim,
Assistant
Attorney
General,
Public
Access
Bureau,
Office
of
the
Attorney
General,
to
Martin
Stack
and
Marge
Hubacek,
President,
Board
of
Education,
Lyons
Elementary
School
District
103 (
December
17,
2018).
Mr.
Martin
Stack
The
Honorable
Marge
Hubacek
January
9,
2019
Page
4
The
section
of
the
Board'
s
policy
manual
governing
public
comment
provides:
2:
230
Public
Participation
at
Board
of
Education
Meetings
and
Petitions
to
the
Board
At
each
regular
and
special
open
meeting,
members
of
the
public
and
District
employees
may
comment
to
or
ask
questions
of
the
Board
of
Education,
subject
to
reasonable
constraints.
The
individuals
appearing
before
the
Board
are
expected
to
follow
these
guidelines:
1.
Address
the
Board
only
at
the
appropriate
time
as
indicated
on the
agenda
and
when
recognized
by
the
Board
President.
2.
Identify
oneself
and be
brief.
Ordinarily,
comments
shall
be
limited
to
3
minutes.
In
unusual
circumstances,
and
when
an
individual
has
made
a
request
in
advance
to
speak
for
a
longer period
of
time,
the
individual
may
be
allowed
to
speak
for
more
than
3
minutes.
3.
Observe
the
Board
President'
s
decision
to
shorten
public
comment
to
conserve
time
and
give
the
maximum
number
of
individuals
an
opportunity
to
speak.
4.
Observe
the
Board
President'
s
decision
to
determine
procedural
matters
regarding
public
participation
not
otherwise
covered
in
Board
policy.
5.
Conduct
oneself
with
respect
and
civility
toward
others
and
otherwise
abide
by
Board
policy,
8:
30,
Visitors
to
and
Conduct
on
School
Property. (
Emphasis
in
original.)
1151
Additionally,
the
Board'
s
Welcome
Handout
describes,
among
other
things,
the
Board'
s
general
order
of
business
at
regular
meetings
and
provides
information
regarding
how
individuals
may
bring
a
matter
before
the
Board.
With
respect
to
addressing
the
Board
during
a
meeting,
the
Welcome
Handout
provides
that "
Board
Policy
states
that
members
of
the
public
shall
be
permitted
to
make
comments
at
each
meeting
subject
to
the
following
time
limitations:
Lyons
Elementary
School
District
103,
Policy
Manual, §
2:
230 (
adopted
December
15,
2014),
available
at
https://
boardpolicyonline.
com/?
b=
lyons_
l03.
Mr.
Martin
Stack
The
Honorable
Marge
Hubacek
January
9,
2019
Page
5
3
minutes
per
speaker,
with
a
maximum
of
15
minutes,
per
topic,
per
meeting.
i16
Section
2.
06( g)
requires
that
all
public
bodies
subject
to
the
Act
provide
an
opportunity
for
members
of
the
public
to
address
public
officials
at
open
meetings.
Nonetheless,
the
right
to
address
public
officials
is
not
without
limits.
Section
2.
06( g)
expressly
provides
that
individuals
are
entitled
to
address
a
public
body
subject
to "
the
rules
established
and
recorded
by
the
public
body."
Although
OMA
does
not
specifically
address
the
nature
of
rules
that
a
public
body
may
enforce
during
the
public
comment
portion
of
an
open
meeting,
ordinarily
only
reasonable
time,
place
and
manner
restrictions"
which
are
content -
neutral
are
permissible
in
such
a
designated
public
forum
under
the
first
amendment
to
the
United
States
Constitution.
See,
e.
g.,
LA.
Rana
Enterprises,
Inc.
v.
City
ojAurora,
630
F.
Supp.
2d
912,
922-
23 (
N.
D.
Ill.
2009)
examining
whether
the
application
of
city
council'
s
rules
for
public
comment
violated
plaintiff'
s
first
amendment
rights).
Such
rules
must
be
reasonably
necessary
to
protect
a
significant
governmental
interest
and
must
tend
to
accommodate,
rather
than
to
unreasonably
restrict,
the
right
to
address
public
officials.
See
Ill.
Att'
y
Gen.
Pub.
Acc.
Op.
No.
14-
012,
issued
September
30,
2014,
at
6-
7 (
rule
requiring
submission
of
a
request
to
address
a
public
body
at
least
five
working
days
in
advance
of
a
meeting
was
unreasonable
under
section
2.
06( g)).
In
its
response
to
this
office,
the
Board
stated
that
the
Welcome
Handout "
is
placed
on
a
table
next
to
the
agendas
and
sign
in
sheet
at
every
board
meeting.
i17
The
Board
directed
this
office'
s
attention
to
the
Welcome
Handout'
s
language
limiting
public
comments
to
a
maximum
of
15
minutes,
per
topic,
per
meeting[,]"
and
then
stated
in
its
response "
that
at
all
board
meetings
the
board
president
reads
the
portion
of
the
above -
referenced
handout [
the
15 -
minute
limitation
language]
out
loud
prior
to '
Public
Comment."'
The
Board'
sresponse
then
notes
that "
this
handout
has
been
the
past
practice
of
the
Board
of
Education
for
at
least
the
last
10
years.
i18
This
issue
turns
on the
meaning
of
section
2.
06( g)
of
OMA.
When
construing
the
meaning
of
a
statutory
provision,
the
primary
objective
is
to
ascertain
the
intent
of
the
legislature.
DeLuna
v.
Burciaga,
223
I11.
2d
49,
59. (
2006). "
The
plain
language
of
the
statute
is
the
hest
indication
of
that
intent,
and
if
that
language
is
clear
and
unambiguous,.
it
must
be
given
effect."
People
v.
Rinehart,
2012
IL
111719, ¶
24,
962
N.
E.
2d
444,
452 (
2012).
The
plain
16Welcome
to
the
Elementary
School
District
No.
103
Board
of
Education
Meeting
handout (
on
file
with
author).
Letter
from
Patrick
Patt,
Interim
Superintendent,
Lyons
Elementary
SD
103,
to
Assistant
Attorney
General
Teresa
Lim,
Office
of
the
Attorney
General (
November
19,
2018).
18Letter
from
Patrick
Patt,
Interim
Superintendent,
Lyons
Elementary
SD
103,
to
Assistant
Attorney
General
Teresa
Lim,
Office
of
the
Attorney
General (
November
19;
2018).
Mr.
Martin
Stack
The
Honorable
Marge
Hubacek
January
9,
2019
Page
6
language
of
section
2.
06( g)
requires
that
a
public
body'
s
rules
governing
public
comment
must
be "
established"
as
well
as
recorded
by
the
public
body.
Black'
s
Law
Dictionary
defines
establish"
as: "
To
settle,
make,
or
fix
firmly;
to
enact
permanently."
Black'
s
Law
Dictionary
10th
ed.
2014),
available
at
Westlaw
BLACKS. "
Enact
is
defined
as "[
t]
o
make
into
law
by
authoritative
act;
to
pass."
Black'
s
Law
Dictionary (
10th
ed.
2014),
available
at
Westlaw
BLACKS.
Under
these
definitions,
it
is
clear
that
Board
Policy
2:
230
was "
established"
and
recorded
by
the
Board,
as
the
policy
states
that
it
was
adopted
on
December
15,
2014,
and
it
has
been
incorporated
into
the
Board'
s
formal
policy
manual.
Accordingly,
this
policy
sets
forth
the
rules
that
govern
public
participation
at
Board
meetings.
Board
Policy
2:
230
provides
that
comments
will
ordinarily
be
limited
to
3
minutes,
but
does
not
specify
that
the
total
public
comment
period
may
be
capped
at
15
minutes
per
topic
per
meeting.
Although
the
Welcome
Handout
indicates
that
under "
Board
Policy"
members
of
the
public
are
collectively
limited
to
speaking
for "
a
maximum
of
15
minutes,
per
topic,
per
meeting[,]"
19
this
time
restriction
is
not
included
in
Board
Policy
2:
230. (
Emphasis
added.)
In
its
response
to
this
office,
the
Board
explained
that
these
restrictions
are
read
aloud
at
each
meeting
and
that
using
the
Welcome
Handout "
has
been
the
past
practice
of
the
Board
of
Education
for
at
least
the
last
10
years[,]"
but
it
did
not
address
the
discrepancy
between
the
Welcome
Handout
and
Board
Policy
2:
230.
Further,
the
Board
did
not
assert
that
it
had
taken
formal
action
to
adopt
the
policies
in
the
Welcome
Handout,
or
that
Board
Policy
2:
230
had
been
revoked
or
otherwise
formally
amended
to
limit
the
total
public
commentperiod
to
15
minutes
per
topic
per
meeting.
Nothing
in
OMA
suggests
that
past
practices
which
have
not
been
formally
incorporated
into
a
public
body'
s
rules
are
established
and
recorded
by
the
public
body
within
the
meaning
of
section
2.
06( g), and
may
be
enforced
to
limit
public
comment.
The
Board
did
not
dispute
Mr.
Stack'
s
claim
that
some
members
of
the
public
who
wished
to
address
the
Board
during
the
public
comment
portion
of
its
October
22,
2018,
meeting
were
prevented
from
doing
so
because
the
Board
limited
the
public
comment
time
period
to
15
minutes.
20
Certainly,
a
public
body
has
inherent
authority
to
conduct
its
meeting
in
an
efficient
19Welcome
to
the
Elementary
School
District
No.
103
Board
of
Education
Meeting
handout (
on
file
with
author).
20Board
Policy
2:
230
grants
the
Board
President
discretion "
to
shorten
public
comment
to
conserve
time
and
give
the
maximum
number
of
individuals
an
opportunity
to
speak[,]"
and "
to
determine
procedural
matters
regarding
public
participation
not
otherwise
covered
in
Board
policy.".
Lyons
Elementary
School
District
103,
Policy
Manual, §
2:
230 (
adopted
December
15,
2014),
available
at
https://
boardpolicyonline.
com/?
b=
lyons_
103.
However,
in
its
response
to
this
office,
the
Board
did
not
argue
that
the
15 -
minute
cap
served
to
maximize
the
number
of
individuals
who
had
an
opportunity
to
speak.
It
also
did
not
argue
or
provide
information
to
show
that
the
15 -
minute
cap
was
authorized
by
Board
Policy
2:
230.
Mr.
Martin
Stack
The
Honorable
Marge
Hubacek
January
9,
2019
Page
7
manner,
and
the
lack
of
a
specific
time
period
for
public
comment
in
established
and
recorded
rules
does
not
necessarily
mean
that
public
comment
must
be
allowed
to
continue
indefinitely.
It
appears,
however,
that
a
large
number
of
persons
attended
this
meeting
in
reference
to
a
specific
matter
and
limiting
comment
on
that
topic
to
15
minutes
precluded
all
but
a
few
commenters
from
expressing
their
concerns.
There
is
no
evidence
that
limiting
comments
was
necessary
to
maintain
decorum
or
that
extending
the
comment
period
would
have
unduly
interfered
with
the
orderly
transaction
of
public
business.
Under
these
circumstances,
this
office
concludes
that
the
Board
violated
section
2.
06( g)
of
OMA
by
imposing
an
unestablished
and
unrecorded
rule
limiting
public
comment
to
15
minutes
during
its
October
22,
2018,
meeting.
21
FINDINGS
AND
CONCLUSIONS
After
full
examination
and
giving
due
consideration
to
the
arguments
presented,
the
Public
Access
Counselor'
s
review,
and
the
applicable
law,
the
Attorney
General
finds
that:
1)
On
October
22,
2018,
Mr.
Martin
Stack
attended the
regular
meeting
of
the
Lyons
Elementary
School
District
103
Board
of
Education.
2)
On
October
24,
2018,
Mr.
Stack
submitted
a
Request
for
Review
to
the
Public
Access
Counselor
alleging
that
the
Board
enforced
a
rule
that
was
not
part
of
its
policy
manual
to
restrict
the
total
public
comment
portion
of
the
October
22,
2018,
meeting
to
15
minutes.
He
also
alleged
that
multiple
members
of
the
public
who
intended
to
address
the
Board
about
the
recent
hiring
of
a
teacher
charged
with
a
serious
crime
were
precluded
from
doing
so
by
the
Board'
s
imposition
of
a
I
5 -
minute
cumulative
limit
on
discussion
on
the
topic.
Mr.
Stack'
s
Request
for
Review
was
timely
filed
and
otherwise
complies
with
the
requirements
of
section
3. 5(
a)
of
OMA (
5
ILCS
120/
3. 5(
a) (
West
2016)).
3)
On
October
31,
2018,
the
Public
Access
Bureau
forwarded
a
copy
of
the
Request
for
Review
to
the
president
of
the
Board.
The
Public
Access
Bureau
requested
a
copy
of
any
Board
rules
or
policies
governing
public
comment
that
were
in
effect
at
the
time
of
the
October
22,
2018,
meeting,
as
well
as
copies
of
the
agenda,
minutes,
and
recording,
if
any,
of
the
open
session
portion
of
that
meeting.
4)
On
November
16,
2018,
this
office
sent
the
District
an
additional
copy
of
the
Request
for
Review
and
this
office'
s
October
31,
2018,
letter,
along
with
a
letter
noting
the
lack
of
a
response
from
the
District
and
asking
the
District
to
provide
the
requested
materials.
21This
binding
opinion
does
not
analyze
the
propriety
of
an
established
and
recorded
rule
limiting
public
comment
to
15
minutes
per
topic
per
meeting
because
the
Board'
s
lack
of
an
established,
and
recorded
rule
to
that
effect
is
dispositive.
This
office
notes,
however,
that
there
are
circumstances
in
which
the
application
of
such
a
rule
would
tend
to
unreasonably
restrict
the
right
to
address
public
officials,
such
as
a
meeting
with
only
one,
highly -
controversial
topic
on
the
agenda.
Mr.
Martin
Stack
The
Honorable
Marge
Hubacek
January
9,
2019
Page
8
5)
On
November
19,
2018,
the
District'
s
interim
superintendent
provided
a
written
response
on
behalf
of
the
Board.
The
response
also
included
copies
of
the
Board'
s
public
comment
policy
that
Mr.
Stack
referenced
and
a
handout
entitled "
Welcome
to
the
Elementary
School
District
No.
103
Board
of
Education
Meeting.°
6)
On
November
20,
2018,
the
Public
Access
Bureau
sent
a
copy
of
the
Board'
s
response
to
Mr.
Stack;
he
did
not
reply.
7)
On
December
17,
2018,
this
office
properly
extended
the
time
within
which
to
issue
a
binding opinion
by
21
business
days,
to
January
24,
2019,
pursuant
to
section
3.
5(
e)
of
OMA.
Therefore,
the
Attorney
General
may
properly
issue
a
binding opinion
with
respect
to
this
matter.
8)
Section
2.
06( g)
of
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."
9)
Board
Policy
2:
230
provides
that "[
o]
rdinarily,
comments
shall
be
limited
to
3
minutes"
per
individual.
This
policy
does
not,
however,
state
that
the
public
comment
period
may
be
limited
to
15
minutes
per
topic
per
meeting.
10)
The
Welcome
Handout
indicates
that "
Board
Policy
states
that
members
of
the
public
shall
be
permitted
to
make
comments
at
each
meeting
subject
to
the
following
time
limitations:
3
minutes
per
speaker,
with
a
maximum
of
15
minutes,
per
topic,
per
meeting."
The
Board
cited
this
handout
as
its
basis
for
limiting
the
public
comment
period
to
15
minute.
11)
It
is
undisputed
that
during
its
October
22,
2018,
meeting,
the
Board
limited
the
time
period
for
public
comment
to
15
minutes
despite
the
protests
of
multiple
members
of
the
public
who
wished
to
address
the
Board
but
were'
not
given
the
opportunity.
12)
The
Attorney
General
concludes
that
the
Board
violated
section
2. 06(
g)
of
OMA
when
it
limited
the
public
comment
period
of
its
October
22,
2018,
meeting
to
15
minutes.
Although
the
Board
stated
that
it
has
relied
on
its
Welcome
Handout
for
a
decade,
the
Boarddid
not
demonstrate
that
it
had
taken
action
to
establish
or
otherwise
adopt
the
policies
in
the
handout.
Board
Policy
2:
230
contains
the
Board'
s
established
and
recorded
public
comment
rules,
as
formally
adopted
by
the
Board
and
incorporated
into
the
Board'
s
policy
manual.
Although
the
Welcome
Handout
attributes
the
restriction
of
15
minutes
of
public
comment,
per
topic,
per
meeting,
to "
Board
Policy,"
Board
Policy
2:
230
contains
no
such
restriction.
Mr.
Martin
Stack
The
Honorable
Marge
Hubacek
January
9,
2019
Page
9
Therefore,
it
is
the
opinion
of
the
Attorney
General
that
the
Lyons
Elementary
School
District
103
Board
of
Education
violated
the
Open
Meetings
Act
when
it
limited
the
public
comment
portion
of
its
October
22,
2018,
meeting
to
15
minutes.
In
accordance
with
these
findings
of
fact
and
conclusions
of
law,
the
Board
is
directed
to
take
appropriate
action
to
comply
with
this
opinion
by
refraining
from
applying
unestablished
and
unrecorded
rules
to
restrict
public
comment
at
future
meetings
and
by
otherwise
conducting
its
future
meetings
in
full
compliance
with
OMA.
This
opinion
shall
be
considered
a
final
decision
of
an
administrative
agency
for
the
purpose
of
administrative
review
under
the
Administrative
Review
Law.
735
ILCS
5/
3-
101
et
seq. (
West
2016).
An
aggrieved
party
may
obtain
judicial
review
of
the
decision
by
filing
a
complaint
for
administrative
review
in
the
Circuit
Court
of
Cook
County
or
Sangamon
County
within
35
days
of
the
date
of
this
decision,
naming
the
Attorney
General
of
Illinois
and
Mr.
Martin
Stack
as
defendants.
See
5
ILCS
120/
7.
5 (
West
2016).
Very
truly
yours,
LISA
MADIGAN
ATTORNEY
GENERAL
By. ( .
a.
4wr
i '
Michael
J.
Luke
Counsel
to
the
Attorney
General
CERTIFICATE
OF
SERVICE
Sarah
L.
Pratt,
Public
Access
Counselor,
hereby
certifies
that
she
has
served
a
copy
of
the
foregoing
Binding
Opinion (
Public
Access
Opinion
19-
002)
upon:
Mr.
Martin
Stack
19
East
1st
Street
Hinsdale,
Illinois
60521
mstack@mstacklaw.
com
The
Honorable
Marge
Hubacek
President,
Board
of
Education
Lyons
Elementary
School
District
103
4100
Joliet
Avenue
Lyons,
Illinois
60534
hubacekm@sd103.
com
by
causing
a
true
copy
thereof
to
be
sent
electronically
to
the
addresses
as
listed
above
and
by
causing
to
be
mailed
a
true
copy
thereof
in
correctly
addressed,
prepaid
envelopes
to
be
deposited
in
the
United
States
mail
at
Springfield,
Illinois
on
January
9,
2019.
SARAH
L.
PRATT
Public
Access
Counselor
SARAH
L.
PRATT
Public
Access
Counselor
Office
of
the
Attorney
General
500
South
Second
Street
Springfield,
Illinois
62701
217)
557-
0548
