Here is another interesting post from that vigorous organization, an Open Meetings Act lawsuit :
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DUPAGE COUNTY, ILLINOIS
CHANCERY DIVISION
EDWINA FERET
Plaintiff
vs.
ROBERT J. SCHILLERSTROM
Chairman, DuPage County Board
In his official capacity,
and
DUPAGE COUNTY BOARD of
DUPAGE COUNTY, ILLINOIS, a public body
and
DUPAGE COUNTY, ILLINOIS, a body politic,
Defendants
COMPLAINT FOR DECLARITORY AND INJUNCTIVE RELIEF
NOW COMES Plaintiff EDWINA FERET, by and through her attorneys TERRY PASTIKA and SARAH KLAPER of the CITIZEN ADVOCACY CENTER, who complaining of Defendants pursuant to 5 ILCS 120/1 et seq. states as follows:
1. That Plaintiff EDWINA FERET is a resident of DuPage County, Illinois.
2. That ROBERT J. SCHILLERSTROM ("SCHILLERSTROM") is the Chairman of the DUPAGE COUNTY BOARD, DUPAGE COUNTY, ILLINOIS.
3. That the COUNTY BOARD OF DUPAGE COUNTY, ILLINOIS is a public body as defined in 5 ILCS 120/1.02, and is composed of eighteen members elected from six districts, as well as a chairperson elected at large.
4. That DUPAGE COUNTY is one of 102 counties into which the State of Illinois is divided.
5. That on or about January 14, 2003, at least a majority of a quorum of the members of the DUPAGE COUNTY BOARD met for a regularly scheduled meeting.
6. That the agenda for the January 14, 2003 meeting of the DUPAGE COUNTY BOARD was posted at the COUNTY administration building, as well as on the COUNTY's website. Attached hereto as Exhibit "A" is a true and correct copy of the Agenda that was posted.
7. That the January 14, 2003 meeting agenda ("Agenda") lists the order of events in the following headings: CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION ROLL CALL CHAIRMAN'S REPORT PUBLIC COMMENT CONSENT CALENDAR. . . ISSUE COMMITTEE UPDATES UNFINISHED BUSINESS NEW BUSINESS MEETING ADJOURNED TO: January 28, 2003 at 10:30 a.m.
8. That ROBERT J. SCHILLERSTROM attended and chaired the January 14, 2003 meeting of the DUPAGE COUNTY BOARD.
9. That the January 14, 2003 BOARD meeting proceeded according to the Agenda until the "Chairman's Report."
10. That under the "Chairman's Report," CHAIRMAN SCHILLERSTROM introduced Resolution CB-0012-03 entitled "Official Endorsement by the DuPage County Board of the O'Hare Modernization Program" ("Resolution"). A true and correct copy of said Resolution as presented by Chairman Schillerstrom to the members of the DUPAGE COUNTY BOARD is attached and made a part hereof as Exhibit "B."
11. That Resolution CB-0012-03 was not listed anywhere on the Agenda.
12. That upon information and belief, CHAIRMAN SCHILLERSTROM gave neither the members of the DUPAGE COUNTY BOARD nor the public copies of Resolution CB-0012-03 until the Resolution was called for a vote.
13. That upon information and belief, CHAIRMAN SCHILLERSTROM specifically invited members of the press to the January 14, 2003 meeting of the DUPAGE COUNTY BOARD for the purpose of unveiling Resolution CB-0012-03.
14. That after Member Robert Heap read Resolution CB-0012-03 through aloud once, the members of the DUPAGE COUNTY BOARD then in attendance considered and voted on the Resolution.
15. That despite the lack of notice to the members of the DUPAGE COUNTY BOARD and to the citizens of DuPage County that the Resolution CB-0012-03 would be acted upon at the January 14, 2003 meeting, the members of the DUPAGE COUNTY BOARD proceeded to vote on and adopt the aforementioned Resolution.
16. That at all times relevant hereto, there existed in Illinois the Open Meetings Act, 5 ILCS 120/1 et seq.
17. That the members of the DUPAGE COUNTY BOARD of DUPAGE COUNTY, ILLINOIS who were present at the regular meeting held on January 14, 2003, violated said Act in voting on and adopting the aforementioned Resolution.
18. That the public and citizens of DuPage County were not given proper notice that the DUPAGE COUNTY BOARD planned to consider and act on Resolution CB-0012-03 at the January 14, 2003 meeting.
19. That due to the lack of proper notice, the introduction of Resolution CB-0012-03 through the "Chairman's Report" on the Agenda, the placement of the "Public Comment" section after the "Chairman's Report" on the Agenda, and the BOARD policy of requiring public registration prior to BOARD meetings for "Public Comment," the BOARD harmed the Plaintiff and the citizens of DuPage County because the Plaintiff and citizens of DuPage County were not given any opportunity to provide input to the BOARD prior to the BOARD's consideration, vote, and passage of Resolution CB-0012-03. County Public Comment Registration Form, Attached as Exhibit "C."
20. That no bona fide emergency existed requiring the BOARD's immediate vote on Resolution CB-0012-03 without proper notice to the public.
21. That on January 14, 2003, Plaintiff EDWINA FERET first discovered that she had a cause of action, and the Plaintiff commenced the above-entitled action on March 17, 2003, within sixty (60) days after that discovery.
WHEREFORE, Plaintiff EDWINA FERET respectfully requests that the Court enter an Order as follows:
A. Declaring that the DUPAGE COUNTY BOARD adoption of the January 14, 2003 Resolution CB-0012-03 violated the Illinois Open Meetings Act;
B. Declaring the BOARD's adoption of Resolution CB-0012-03 void;
C. Preliminarily and permanently enjoining the BOARD, the COUNTY, and any of its officeholders or employees from taking any action, including applying for funds or expending any COUNTY funds to further the policies set forth in Resolution CB-0012-03;
D. Enjoining the BOARD from taking action in any regularly scheduled meeting on any issue has not been placed on the meeting agenda;
E. Awarding Plaintiff reasonable attorney fees and costs;
F. Granting any such further relief as the Court deems appropriate and just.
Respectfully submitted, Sarah Klaper Attorney for Plaintiff