OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS
Kwame Raoul
ATTORNEY GENERAL

May 11, 2021

Via electronic mail

The Honorable Scott M. Levin
Mayor
City of Elmhurst
City Hall
209 North York Street
Elmhurst, Illinois 60126
Scott.levin@elmhurst.org

RE: OMA Request for Review – 2021 PAC C-0014

Dear Mr. Levin:

The Public Access Bureau has received the attached Request for Review in which
Mr. Edgar Pal alleges that the City of Elmhurst (City) City Council (Council) violated the Open
Meetings Act (OMA) (5 ILCS 120/1 et seq. (West 2018)). A copy of the Request for Review is
attached.

In his Request for Review, Mr. Pal alleges that during the Council's November
23, 2020, special meeting, it improperly discussed matters beyond the scope of the exception in
section 2(c)(11) of OMA (5 ILCS 120/2(c)(11) (West 2019 Supp)) which the Council cited for
the meeting. Specifically, Mr. Pal alleges that the Council discussed matters relating to an
expansion project of an identified nursing home under the cited exception even though there was
no litigation that had been filed and pending or a finding that an action against the City was
probable or imminent.

We have determined that further inquiry is warranted. In order to further evaluate

this matter, please provide copies of the closed special meeting minutes (in draft form, if
necessary) and the verbatim recording of the November 23, 2020, closed special meeting. Please
also provide a written response to the allegation in the Request for Review that the Council
improperly discussed matters outside the scope of section 2(c)(11) of OMA.

As required by section 3.5(b) of OMA (5 ILCS 120/3.5(b) (West 2018)), please

provide this information to our office within 7 working days after receipt of this letter. As we

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
The Honorable Scott M. Levin
May 11, 2021
Page 2

conduct our review of this matter, we will notify you if we need to review additional records or
information. You have the option under the Act to provide a written response to these
allegations in addition to the requested materials. That response may take the form of a letter,
brief or memorandum. 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 2018). The Act also permits a public body to provide a copy of a
response with confidential information redacted for release to the requester. 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) 814-4467 or grace.angelos@illinois.gov.

Very truly yours,

GRACE ANGELOS
Assistant Attorney General
Public Access Bureau

Attachment

cc: Via electronic mail

Mr. Edgar Pal

Via electronic mail

Ms. Amanda Melone
Deputy Clerk and OMA Officer
City of Elmhurst
City Hall
209 North York Street
Elmhurst, Illinois 60126
Amanda.melone@elmhurst.org