Provenzano - Reponse Final

October 5, 2009 Ms. Bridgett Provenzano Nunda Township Clerk 3510 Bay Road Crystal Lake, IL 60012 Dear Ms. Provenzano, We have reviewed your letter with the attached recommendation from James Militello, the Nunda Township Attorney, dated September 23, 2009, and do not concur with Mr. Militello’s conclusions. Furthermore, in your letter you have not ruled on the matter of a special Nunda Township meeting; you simply passed along Mr. Militello’s letter. While Mr. Militello may offer an opinion in this matter, he is not authorized to convene or deny the assembly of a special township meeting. Ergo, that item is unresolved since you have not addressed it in your correspondence. As to the wording of the petition per statute Chapter 60, Sec. 35-5, the wording “a special meeting is necessary for the interests of the Township” is not designated as mandatory wording for the petition. Indeed, while the Article designates signature requirements, purpose, and timing of the meeting, mandatory wording for the petition is not addressed. Article 30 of the Township Code, Sec. 30-10(c) states, “Any matter or proposal not set forth in the published agenda shall not be considered at the annual meeting other than advising that the matter may be considered at a special meeting of the electors at a later date.” We presented this matter of repeal at the April 2009 Annual Nunda Township meeting, and because of the recent change in state law we were not allowed to act upon this issue – thus the need for a special meeting to be held if we are to address this issue as per Township Code, Sec. 30-10(c). Further, Sec. 30-205 (Advisory referenda) of Article 30 states: “By a vote of the majority of electors present at a town meeting, the electors may authorize that an advisory question of public policy be placed on the ballot at the next regularly scheduled election in the township. The township board shall certify the question to the proper election officials, who shall submit the question in accordance with the general election law.” As per this article it is the right of the citizens in Nunda Township, should such an advisory question in regard to the repeal of the Nunda Open Space Plan be approved in a special township meeting, to have their question placed on the ballot at the next regularly scheduled election.

Page 1 of 2

It is noteworthy to point out that Trustee Schlader and others have claimed that the Nunda Township Board was forced to put the Open Space tax increase on the April 2009 ballot as a result of the unanimous vote at the 2008 Annual Nunda Township meeting. As previously mentioned in Sec. 30-205, the electors do not have the authority to force the board to put a tax increase referendum on the ballot. Therefore, the Nunda Township Board placed the tax increase on the April ballot of their own volition, not due to the mandate of the electors. One of the five rights guaranteed in the First Amendment of the U.S. Constitution is, “...the right of the people…to petition the Government for a redress of grievances.” Under the circumstances, the law prefers that you err on the side of allowing this meeting, not preventing it. No question has been raised by your office as to the validity of the signatures gathered. You have not claimed that we have not met the signature requirements as per Township Code. Therefore, we request that you do not disenfranchise almost seventy township voters who have expressed their will, and right, to hold a special township meeting. Ms. Provenzano, you are empowered by the township code to make this decision; not the township supervisor or his/the township’s attorney. We respectfully ask that you honor our legal request to hold a special township meeting, to take place prior to November 1st as per Township Code. Respectfully -

William Douglas Mann 2007 Garden Lane Crystal Lake, IL 60012

Gerry Walsh 4011 Live Oak Crystal Lake, IL 60012

Page 2 of 2