Algonquin Township Board did not violate OMA by discussing announcements under general agenda item

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.

Dear Mr. Kraft and Mr. Kelly:

This determination letter 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 that follow, the Public Access Bureau concludes that the Algonquin Township Board of Trustees ( Board) did not violate the requirements of OMA in connection with its June 26, 2019, special meeting.

On June 26, 2019, Mr. John Kraft submitted this Request for Review to the Public Access Bureau alleging that the Board violated OMA during its June 26, 2019, special meeting by discussing subjects that were not specifically set forth under the agenda item " Any other business to come before the Board." 1 On July 9, 2019, this office sent a copy of the Request for Review to the Board and asked it to provide this office with a response to the allegations made in the Request for Review and copies of the notice, agenda, and minutes for the June 26, 2019, special meeting. On August 9, 2019, the Board furnished a written response. Mr. Kraft did not submit a reply.

DETERMINATION

It is 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." 5 ILCS 120/ 1 ( West 2018).

Section 2. 02( a) of OMA Section 2. 02( a) of OMA ( 5 ILCS 120/ 2. 02( a) ( West 2018)) provides, in relevant part, 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, which notice shall also include the agenda for the special, rescheduled, or reconvened meeting[.]" Section 2. 02( a) further states that "[ t] he requirement of a regular meeting agenda shall not preclude the consideration of items not specifically set forth in the agenda." ( Emphasis added.) Given this language, the Public Access Bureau has determined that, during special meetings, OMA does not permit a public body to discuss, topics that were not listed on the agenda. See, for example, Ill. Att'y Gen. PAC Req. Rev. Ltr. 32604, issued April 9, 2015, at 3 (" The General Assembly' s express provision for consideration of items not on the agenda at a regular meeting coupled with its silence concerning consideration of items not on the agenda at a special meeting signifies that the General Assembly did not intend to allow a public body to consider items that are not on the agenda of a special individually. Such simple announcements do not rise to the level of "the consideration of items" under section 2. 02( a) of OMA. Accordingly, under these circumstances, the Public Access Bureau concludes that the Board did not violate OMA.

The Public Access Counselor has determined that resolution of this matter does not require the issuance of a binding opinion. If you have any questions, please contact me at 217) 785- 7438 or cboggs@atg. state. il. us. This letter serves to close this matter.

Very truly yours, CHRISTOPHER R. BOGGS Supervising Attorney Public Access Bureau