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<br /> � SETTLEMENT AGREEMENT
<br /> WHEREAS, the Illinois Open Meetings Act (5 ILCS 120/1 et seq., the "ACT") requires that
<br /> meetings of public bodies to discuss public business be open to the public, with certain exceptions
<br /> enumerated therein; and,
<br /> WHEREAS, on August 14, 2000, those persons signatory hereto (collectively, the"COUNCIL"),
<br /> acting in their official capacities as council members for the City of Decatur, Illinois ("CITY"), a public
<br /> body as defined by the ACT, held a meeting a portion of which was closed to the public, as set out in 5
<br /> ILCS 120/2a; and,
<br /> WHEREAS, the COUNCIL stated, in open meeting on said date, that the purpose of the
<br /> aforesaid closed session was to discuss probable or imminent litigation, an exception to the open
<br /> meeting requirement permitted by 5 ILCS 120/2(c)(11); and,
<br /> WHEREAS, the DECATUR HERALD & REVIEW ("HERALD & REVIEW'), on the basis of
<br /> reporting done by its reporters, believes that the COLJNCIL, while in said closed session, discussed
<br /> matters outside the scope of said exception for probable or imminent litigation, and reported such in
<br /> subsequent editions of the HERALD & REVIEW; and,
<br /> WHEREAS, the COLJNCIL believes that its discussion while in said closed session concerned
<br /> only such matters as were within said exception; and,
<br /> WHEREAS, the HERALD & REVIEW, pursuant to 5 ILCS 120/3, has filed a complaint in
<br /> Macon County Circuit Court (case no. 2000-LM-1050, the "lawsuit") seeking a finding by said Court
<br /> that the COLTNCIL violated the ACT on August 14, 2000, and an order that the COiJNCIL be enjoined
<br /> from further such violations; and,
<br /> WHEREAS, in spite of the different views of the parties hereto regarding said closed session,
<br /> and without either party modifying or amending said views, the COUNCIL and the HERALD &
<br /> REVIEW now wish to resolve the lawsuit without further litigation, in the hope of achieving a better
<br /> spirit of understanding and cooperation; and,
<br /> WHEREAS, the COtJNCIL and the HERALD & REVIEW are willing to participate in a joint
<br /> seminar or training session so that each may become more knowledgeable about the ACT, and that each
<br /> may share its views concerning the ACT and other related matters with the other.
<br /> NOW, THEREFORE, the CITY, its COLTNCIL and the HERALD & REVIEW, for and in
<br /> consideration of the premises set out herein, agree as follows:
<br /> 1. Those recitals contained in the Preamble hereto are hereby incorporated into this Agreement.
<br /> The COUNCIL ratifies and affirms its position stated therein with regard to the subject matter discussed
<br /> in said closed session and the application of the ACT thereto, and the HERALD & REVIEW ratifies and
<br /> affirms its position stated therein with regard to the inapplicability of the probable and imminent
<br /> litigation exception to said discussion.
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