OMADetermination Letter (non-binding)No violationMeeting Notices & Agendas

Village of Princeville did not violate OMA by failing to set fixed schedule for as-needed committee meetings

The requester challenged the lack of a published schedule for village committee meetings.

Date issued: August 8, 2017
Request number(s): 46079
Public body: Village of Princeville
Statute(s): 5 ILCS 120/2.01
Outcome: No violation found

Plain-language summary

This determination addresses whether the Village of Princeville violated Section 2.01 of the Open Meetings Act by failing to state specified times and places for committee meetings. The Public Access Counselor concluded there was no violation, finding the request for review unfounded. The reasoning explains that the specific scheduling requirements of Sections 2.02(a) and 2.03 apply only to 'regular' meetings scheduled at the start of the calendar or fiscal year, and because the Village's committees do not meet on a regular schedule, no such schedule was required; the Village's practice of holding committee meetings at a specified place (Village Hall) with 48 hours' notice satisfied the general convenience requirement of Section 2.01 and the notice requirements of Section 2.02(b). The public body reviewed was the Village of Princeville, and the underlying matter concerned committee meeting scheduling and notice practices.

Legal question

Whether a public body violates the Open Meetings Act by failing to provide a fixed schedule of meeting times for committees that meet only on an as-needed basis.

Holding

The specific meeting-schedule requirements of Sections 2.02(a) and 2.03 of OMA apply only to regular meetings and do not require a public body whose committees meet on an as-needed basis to publish a fixed schedule, so long as notice and place requirements under Sections 2.01 and 2.02(b) are otherwise met.

Summary

A requester alleged that the Village of Princeville violated the Open Meetings Act by failing to provide specified times and places for committee meetings. The PAC determined that because the committees do not meet on a regular schedule, the Village's practice of providing notice 48 hours in advance of meetings held at the Village Hall complies with the Act.

meeting noticeopen meetings actcommittee meetingspublic schedule

Reading view (753 words)

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The Public Access Bureau has received your Request for Review alleging a possible violation of the Open Meetings Act (OMA) (5 lLCS 120/1 et seq. (West 2016)) by the Village of Princeville (Village). Our review of the information you have furnished, however, provides no basis for the Public Access Counselor to conclude that the Village has violated OMA.

Pursuant to section 3.5(a) of OMA (5 ILCS 120/3.5(a) (West 2016)), "[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." Your Request for Review indicates that you submitted a Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq. (West 2016)) request to the Village on January 16, 2017, seeking copies of its committees' meeting times. In response, the Village provided you with a record indicating that meetings for each of the committees are scheduled as needed and held in the board room of the Princeville Village Hall, and that notice and an agenda are posted at least 48 hours prior to committee meetings. You allege that the Village violated section 2.01 of OMA (5 ILCS 120/2.01 (West 2016)) by failing to provide specified times and places for committee meetings.

Section 2.0lofOMA provides, in pertinent part: "All meetings required by the Act to be public shall be held at specified times and places which are convenient and open to the public." This is a general requirement aimed at ensuring members of the public have the opportunity to attend open meetings. Section 2.02(a) of OMA (5 ILCS 120/2.02(a) (West 2016)) requires that "[e]very public body shall give public notice of the schedule of regular meetings at the beginning of each calendar or fiscal year and shall state the regular dates, times, and places of such meetings[.]" (Emphasis added.) Furthermore, section 2.03 of OMA (5 ILCS 120/2.03 West 2014)) states that "[ i] n addition to the notice required by Section 2. 02, each body subject to this Act must, at the beginning of each calendar or fiscal year, prepare and make available a schedule of all its regular meetings for such calendar or fiscal year, listing the times and places of such meetings." ( Emphasis added.) The plain language of these statutory provisions applies to " regular" meeting, not special, reconvened, rescheduled, or emergency meetings, which are otherwise mentioned in OMA and, by their nature, cannot be scheduled at the beginning of the calendar or fiscal year.

In a telephone conversation with an Assistant Attorney General in the Public Access Bureau on February 3, 2017, the Village Treasurer, Sue Hofer, confirmed that the Village committees do not meet regularly and that most committee business is addressed during regular Village Board meetings. Because the Village committees do not meet regularly during the fiscal or calendar year, there is no schedule of regular meetings to make available to the public. The Village' s FOIA response indicated that committee meetings, when held, are held at a specified place — the Village Hall. Further, the record provided to you by the Village indicates that 48 hours' notice of committee meetings is provided as required by sections 2. 02( a) and 2. 02( b) of OMA ( 5 ILCS 120/ 2. 02( b) ( West 2016)). Therefore, this office concludes that your request for review is unfounded.

If you have any questions, you may contact me at (312) 814- 5383 or the Chicago address on the first page of this letter. This letter serves to close this matter.

Very truly yours, S. PIYA MUKHERJEE Assistant Attorney General Public Access Bureau 46079 o unf mun cc: Via electronic mail Ms. Sue Hofer Village Treasurer/ Interim Village Clerk Village of Princeville 206 North Walnut Avenue Post Office Box 200

Notes from the original PDF (2)

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Princeville, Illinois 61559 villageprinceville@frontier. com