Herald Tribune files another PAB request

<p dir="ltr"><span>On the heels of its successful request for review of the Chester District 139 Board of Education's January and February meetings, the Randolph County Herald Tribune has submitted another such request with the Public Access Bureau of Illinois Attorney General Lisa Madigan's office.</span>

<p dir="ltr"><span>During the board's May 17 meeting, it discussed the Herald Tribune's pending OMA inquiry during executive (closed) session under the exemption of "To Discuss Litigation."</span>

<p dir="ltr"><span>The newspaper has alleged that since the PAB determined that the previous request for review (PAC 40309) did not require the issuance of a binding decision, it is not considered "litigation" and therefore not able to be discussed in closed session.</span>

<p dir="ltr"><span>In her letter notifying the newspaper and Board President Mitch Hammel of the new inquiry (PAC 42082), PAB Chief Sarah L. Pratt clarified the "litigation" exemption for both parties.</span>

<p dir="ltr"><span>"Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting," Pratt wrote.</span>

<p dir="ltr"><span>The PAB determined on May 20 that the Chester school board violated the Open Meetings Act during the January and February meetings by discussing topics during executive (closed) session that did not match the list of those allowed under law.</span>

<p dir="ltr"><span>Herald Tribune Managing Editor Pete Spitler filed a Freedom of Information Act (FOIA) with the district on Thursday seeking access to the verbatim recordings of each meeting that the PAB ruled were in violation of OMA.</span>

<p dir="ltr"><span>"</span><span>The requested recordings provided to me should include the discussed topics of changing athletic conferences, scheduling and curriculum changes at Chester High School and any underlying budgetary discussions involving the financial status of the district," Spitler wrote in the letter.</span>

<p dir="ltr"><span>According to Illinois law, public bodies have five business days (Monday through Friday) to respond after receiving FOIA requests.</span>

<p dir="ltr"><span>The deadline may be extended for another five business days if the public body determines that extensive effort or resources would be needed to meet the request.</span>

<p dir="ltr"><span>If additional time is needed, the public body must notify the requestor in writing within five business days after receipt of the request and state the reasons for requesting the extension.</span>

<p dir="ltr"><span>The public body is also required to notify the requestor when the requested information will be produced.</span>