Vermilion Airport Board violated OMA by taking actions not on the agenda

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Dear Mr. Kraft and Mr. Ingram:

This determination is issued pursuant to section 3. 5( e) of the Open Meetings Act OMA) ( 5 ILCS 120/ 3. 5( e) ( West 2018)). For the reasons stated below, this office concludes that the Vermilion Regional Airport Authority (Airport Authority) Board of Commissioners Board) violated OMA by failing to provide the public with advance notice ofaction taken during the Board' s June 19, 2018, meeting.

In his Request for Review, Mr. John Kraft alleged that at its June 19, 2018, meeting, the Board took final action to terminate its airport manager and hire a new airport manager without providing advance notice of those final actions on the meeting agenda. He also questioned whether final actions on those matters were taken in closed session.

On June 26, 2018, this office sent a copy of the Request for Review to the Board and asked it to provide copies of the agenda, open and closed session meeting minutes ( draft form if necessary), and the closed session verbatim recording, if any, of the Board' s June 19, 2018, meeting. We also requested a written response to Mr. Kraft' s allegations that addresses whether the Board took final action to hire and/ or fire the airport manager during the meeting.

On July 13, 2018, this office received the Board' s response. On July 20, 2018, Mr. Kraft submitted a reply in which he withdrew his allegation that the Board improperly took final action in closed session.

DETERMINATION

Section 1 of OMA ( 5 ILCS 120/ 1 ( West 2018)) provides " it to be the public policy of this State that its citizens shall be given advance notice of and the right to attend all meetings at which any business of a public body is discussed or acted upon in any way." Section 2. 02( a) of OMA ( 5 ILCS 120/ 2. 02( a) ( West 2018)) provides that "[ p] ublic notice of any special meeting except a meeting held in the event of a bona fide emergency, or of any rescheduled regular meeting, or of any reconvened meeting, shall be given at least 48 hours before such meeting[.]" ( Emphasis added.) Section 2. 02( a) further provides: " Notice of an emergency meeting shall be given as soon as practicable, but in any event prior to the holding of such meeting, to any news medium which has filed an annual request for notice under subsection ( b) of this Section." In addition, section 2. 02( c) of OMA ( 5 ILCS 120/ 2. 02( c) ( West 2018))

provides: " Any agenda required under this Section shall set forth the general subject matter of any resolution or ordinance that will be the subject of final action at the meeting."

The draft minutes of the Board's June 19, 2018, meeting indicate that Mike Potter addressed the Board in open session and stated that he would like to tender his resignation, and that authorizes a public body to immediately act at a regular meeting to address a situation that it perceives as an emergency when the general subject matter of that final action does not appear on the meeting agenda. Accordingly, this office concludes that the Board violated OMA during its June 19, 2018, meeting by failing to provide advance notice of its actions to accept the airport manager' s resignation and to appoint an acting airport manager. Because the Board voted to appoint the acting airport manager as its permanent airport manager at its subsequent meeting in July 2018, 2 no further action is required to remedy this violation.

The Public Access Counselor has determined that resolution of this matter does not require the issuance of a binding opinion. This file is closed. If you have any questions, please contact me at ( 312) 814- 6756.

Very truly yours,

STEVE SILVERMAN