OMADetermination Letter (non-binding)Closed no further actionMeeting Notices & Agendas

Republican precinct committeemen meeting not subject to Open Meetings Act

The requester challenged the lack of public notice and public comment opportunities at a political party precinct committeemen meeting.

Date issued: June 29, 2015
Request number(s): 35946
Public body: Republican precinct committeemen (Iroquois County)
Statute(s): 5 ILCS 120/2
Outcome: Closed, no further action

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Plain-language summary

A citizen complained that a political party meeting failed to follow Open Meetings Act rules regarding agendas and public participation. The Attorney General's office investigated and concluded that the meeting was a private political event, not a government meeting, and therefore the Open Meetings Act did not apply.

Summary generated automatically — check the PDF

Legal question

Whether a meeting of Republican precinct committeemen constitutes a meeting of a 'public body' subject to the requirements of the Open Meetings Act.

Holding

The PAC determined that no further action is warranted because the meeting in question was a partisan political gathering rather than a meeting of a public body subject to the Open Meetings Act.

Issues decided in this letter

Each question the Public Access Bureau decided, with the rule it applied. Extracted automatically from the letter; the source PDF is authoritative.

No violation · OMA section 2(a)
Whether partisan precinct committeemen meeting is a public body under OMA
Rule applied: OMA does not apply to truly political meetings at which party business is discussed, as they are not meetings of a public body.
Authorities cited: People ex rel. Difanis v. Barr, 83 Ill. 2d 191, 202 (1980)
No violation · OMA section 1.02
Whether meeting was subject to OMA as gathering of majority of quorum
Rule applied: OMA applies only to gatherings of a majority of a quorum of a public body held to discuss public business.

public body political meeting agenda public comment

Reading view (500 words) — click to read the full text here

This reading view follows the source PDF's positioned text blocks. Page headers, repeated office furniture, and lower-margin notes are kept out of the narrative; source notes are available below. Reconstruction is automatic and imperfect — the PDF is the authoritative version, and it's linked on this page.

Pursuant to section 3.5(a) of the Open Meetings Act (OMA) (5 ILCS 120/3.5(a) (West 2014)), the Public Access Bureau has received your Request for Review alleging possible violations of OMA in connection with a Republican precinct committeemen meeting in Iroquois County. For the reasons set forth below, we have determined that no further action on this matter is warranted.

Your June 19, 2015, Request for Review alleged that you attended a Republican precinct committeemen meeting on June 18, 2015, for which no agenda was posted and at which no public comment was allowed.

Section 3.5(a) of OMA provides that "a person who believes that a violation of this Act by a public body has occurred may file a request for review with the Public Access Counselor[,]" which "must include a summary of the facts supporting the allegation." (Emphasis added.) Section 2(a) of OMA (5 ILCS 120/2(a) (West 2014)) defines "public body" as:

all legislative, executive, administrative or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue, except the General Assembly and committees or commissions thereof.

OMA "is not intended to prohibit bona fide social gatherings of public officials, or truly political meetings at which party business is discussed." People ex rel. Difanis v. Barr, 83 Ill. 2d 191, 202 (1980).

In a telephone conversation with an attorney in the Public Access Bureau on June 26, 2015, you confirmed that your Request for Review concerns a partisan meeting of Republican precinct committeemen, rather than a meeting of a public body as defined above. Further, you confirmed that a majority of a quorum of the Iroquois County Board was not in attendance at the meeting. 1 Thus, your Request for Review does not provide facts from which we could conclude that a public body violated OMA.

Accordingly, we have determined that no further action is warranted on this matter. If you have any questions, please contact me at the Chicago address on the first page of this letter. This letter serves to close this matter.

Supervising Attorney Public Access Bureau 35946 o no fi war not a pb

Notes from the original PDF (2)

SOOSouch Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY: (877) 844-5461 • Fax: (217) 782-7046 JOO West Randolph Street, Chicago, Illinois 60601 • (312) 81_4-3000 • TTY: (800) 964-3013 • Fax: (312) 814-3806
'The only meetings that are subject to OMA are "gathering[s] • • • ofa majority ofa quorum of the members of a public body held for the purpose of discussing public business[.]" (Emphasis added.) 5 ILCS 120/1.02 (West 2014).