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March 28, 2024

DuPage Twp admits to majority of lawsuit over Dec 4, 2020, Meeting –

By John Kraft & Kirk Allen

On March 13, 2021

DuPage Township, IL. (ECWd) –

During an alleged meeting on December 4, 2020, Defendants Maripat Oliver, Ken Burgess, and Felix George are alleged to have violated the Open Meetings Act and the Township Code in several ways. A lawsuit was filed, and we are one of the Plaintiffs, with allegations which include:

  • Improper notice of a special township meeting – did not comply with Township Code
  • Failure to provide the public attending remotely to have contemporaneous access to the discussions, deliberations, and actions of the public meeting – did not comply with the Open Meetings Act
  • Taking action on an item not listed on the meeting agenda – did not comply with the Open Meetings Act
  • Improperly entering closed session – did not comply with the Open Meetings Act
  • Taking action on an item (censure) with which the township lacks legal, statutory authority to act upon – did not comply with Township Code, nor any other statutory authority

In their answer to this Complaint, Defendant admits to the majority of the issues, however, they denied that all township meetings are subject to the Open Meetings Act. This specific denial flies in the face of state law as it is clear that all meetings of a public body )the Township) are subject to the Open Meetings Act – even closed sessions.

Defendants also deny the actual “file number” assigned to a case by the Township, deny violating the OMA (which makes sense since admitting to it would be admitting to a crime), and deny the limits of their statutory authority.

Read the Answer (here) or below –

Defendants' Answer to Complaint_final

 

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1 Comment
  • PK
    Posted at 08:49h, 14 March

    This proceeding is resultant to the most ill conceived and poorly conducted DuPage Township meeting ever reported on here. Now, other than an appearance of gross ineptitude, what good becomes the official answer in denying the board’s intent to subsequently approve the meeting minutes? Stupid.

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