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McHENRY COUNTY BOARD

KENNETH D. KOEHLER
CHAIRMAN McHENRY COUNTY GOVERNMENT CENTER 2200 NORTH SEMINARY AVENUE
WOODSTOCK, IL 60098
815/334- 4221

Fax: 8151338-3991

Email: jcDKoehler(6 co. mchenrv. il.us

June 30, 2011

ly1 22- 55
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ATTORNEY GENERAL
JUL - 5 2011
Mr. Steve Silverman

Attorney General Office of the Attorney General

Assistant

FO!A/OMA

Public Access Bureau 500 South Second Street

Springfield, IL 62706
RE:

Open Meetings Act Request for Review 2011 PAC 14722

Dear Mr. Silverman:

I am in receipt of your correspondence dated June 21, 2011 regarding a Request for Review in which
Kevin P. Craver alleges that McHenry County Board members failed to comply with the requirements of
the Open Meetings Act.
Background

The Legislative and Intergovernmental Affairs Committee ( Legislative Committee) consists of the

following members: Jim Heisler, John Jung, Nick Provenzano, Peter Merkel, Ersel Schuster, Marc
Munaretto, and Kathy Bergan Schmidt.

The Legislative Committee was charged with the task of proposing a redistricting map for the County Board to adopt pursuant to State law which requires redistricting every ten years. At the May 26, 2011 Legislative Committee meeting a proposed redistricting map was on the agenda for the Committee to consider. 1 have enclosed a copy of the agenda from May 26, 2011 for your review. As referenced on
the Agenda under New Business, a Resolution Designating the Number of Board Members and

Adopting the McHenry County Redistricting Map was placed on the agenda for a vote by the Legislative Committee. Pursuant to McHenry County Board Rules, all resolutions, ordinances, and policies, shall be
referred to the proper standing committee to study and report before any action taken by the entire County Board. Therefore, the Resolution Adopting a Redistricting Map must pass through a committee
prior

to

being

forwarded to the

County

Board for

final

vote.

Mr. Steve Silverman June 30, 2011

Page 2

Private Gathering Question

Prior to the May 26, 2011 Legislative Committee Meeting, Anna May Miller approached me regarding a proposed change to the redistricting map that was going to be brought forward at the Legislative Committee on May 26, 2011. Several County Board Members were invited to view an " alternate map" the morning of May 26, 2011, prior to the Legislative Committee Meeting. The purpose of such

discussion was to determine whether an alternative map, drawing different boundary lines for proposed districts, should be considered or brought forward to the Legislative Committee meeting. I participated

in a discussion along with Nick Provenzano, Tina Hill, Anna May Miller (only initially present and left

before most of the members arrived), John Jung and Marc Munaretto. Bob Miller, Algonquin Township

Highway Commissioner, was also present. The potential problem arose when John Jung arrived at the

meeting, because Nick Provenzano, John Jung and Marc Munaretto all serve on the Legislative

Committee. When John Jung arrived it was immediately realized that the three of them could not be part
of the discussion at the same time. To avoid a violation of the Open Meetings Act, one of the three
Legislative Committee Members left the gathering and did not return until one of the two remaining
the Legislative Committee.

members had left the room. John Jung and Nick Provenzano alternated out of the discussion at least one time in order to view the map and/or provide comments on the suggested map changes to be brought to

At no time was there a discussion between a majority of a quorum of the Legislative Committee

members. The discussion that took place was simply to determine whether the proposed alternate map

provided by Anna May Miller met the approval of a few other members of the County Board who would

be significantly affected by the changes to the map. There was no agenda and no minutes were taken which would have documented the discussion. The only document that was created to document the discussion was an email by Marc Munaretto to all the County Board Members dated May 31, 2011

discussing the purpose of creating an alternate map for the consideration of the County Board Members
review.

prior to their upcoming vote on June 21, 2011. A copy of said email correspondence is attached for your
Legislative and Intergovernmental Affairs Committee Meeting of May 26, 2011

The meeting of the Legislative Committee took place at 8: 30 a.m. on May 26, 2011. All Committee

Members were present. I attended the meeting, along with Anna May Miller, Bob Miller and other

interested parties. A copy of the minutes of May 26, 2011 is enclosed for your review. As can be read in the minutes under Public Comment, Mr. Miller from Algonquin Township, who is also the husband
of Anna May Miller, a County Board Member, voiced his concern regarding the proposed redistricting

map as set forth in the Resolution for consideration by the Legislative Committee.

New Business is continued in the Minutes, and can be read in said minutes. An alternative map was

reviewed by the Committee as suggested by Marc Munaretto. At the end of the meeting the Chairman of
the Committee, Jim Heisler, requested committee members put a motion forward regarding the map. that the Resolution
Ms. Schuster
made a motion which was seconded

by

John

Jung

to

recommend

Mr. Steve Silverman June 30, 2011 Page 3

Designating the Number of Board Members and Adopting the McHenry County Redistricting Map as
was put forth on their agenda be passed. The Motion carried with four ayes ( Jung, Merkel, Schuster and
Heisler) and three nays ( Munaretto, Schmidt and Provenzano). Therefore, the Resolution was then sent

forward to the County Board for final vote and approval.

Disclosure of Private Discussion on Alternative Map

On May 31, 2011, Marc Munaretto forwarded an email to all the County Board members regarding an
alternative redistricting. The email that stated that the alternative map was the product of a meeting

between myself, Provenzano, Hill, Miller, Jung and Munaretto, prior to the last Legislative Committee

Meeting. This email is what has called into question the legality of the private gathering of Board
Members to discuss an alternative map proposal to the Legislative Committee prior to their vote on May
26, 2011. This email was sent for the purpose of having the County Board still consider the alternate

map, even though the Legislative Committee had passed the Resolution with the original map.
Response

Anna May Miller had a map produced as an alternative to the map that was being presented to the Legislative Committee meeting. She had asked me to assist in gathering information and thoughts from

a few other County Board Members. The subject of the conversation, the redistricting of the County map, was always intended to be brought forward to the Legislative Committee and the full County Board
for their consideration as required by law. That would be the only way that changes could be made to the original map. As stated previously, the purpose of gathering any County Board Members prior to the
Legislative Committee Meeting was to determine if a few of the members significantly affected would be interested or would support a boundary change. There was no intent to avoid the obligations of the

County Board Members under the Open Meetings Act. In fact, we immediately attempted to abide by
the strict letter of the law upon realization of a potential violation.

Suggested changes to the map were brought forward by Bob Miller during Public Comment at the Legislative Committee and by Marc Munaretto. Also, the creation and explanation for the alternate map was forwarded to the entire County Board Members via email. Furthermore, the Legislative Committee on May 26, 2011, voted on the map as originally presented and it passed. Then, at the County Board meeting on June 21, 2011, Anna May Miller, brought forward the alternate map as amendments to the

map passed by the Legislative Committee, as she is allowed to do before any final action was taken. The
amendments were not successful and the original map was voted on and passed by the Board.
Since ,

J7,
K. neth D. Koehler

Chairman, McHenry County Board

Enclosures