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

Kankakee City Council did not violate OMA with lawsuit settlement recital

The adequacy of a public recital provided by a city council prior to taking final action on a legal settlement.

Date issued: August 5, 2019
Request number(s): 59095
Public body: City Council of the City of Kankakee
Statute(s): 5 ILCS 120/2(e)
Outcome: No violation found

Plain-language summary

A citizen complained that the Kankakee City Council didn't explain a legal settlement clearly enough to the public before voting on it during a meeting. The Attorney General's office reviewed the video of the meeting and decided that the Council provided enough information to meet the legal requirements of the Open Meetings Act. As a result, the office found no violation and closed the case.

Legal question

Whether the City Council's public recital regarding the settlement of a lawsuit satisfied the requirements of section 2(e) of the Open Meetings Act.

Holding

The PAC determined that the City Council did not violate section 2(e) of the Open Meetings Act because the public recital provided was sufficient to inform the public of the nature of the matter being considered.

Summary

The requester alleged that the Kankakee City Council violated the Open Meetings Act by failing to provide a sufficient public recital before taking final action on a settlement agreement. The PAC determined that the recital provided was legally sufficient under the applicable standard and closed the file.

public recitalcity councilopen meetings acttransparencysettlement agreement

Reading view (1,259 words)

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Dear Mr. Kraft:

This determination is issued pursuant to section 3. 5( b) of the Open Meetings Act OMA) ( 5 ILCS 120/ 3. 5( b) ( West 2018)). For the reasons that follow the Public Access Bureau has determined that this Request for Review is unfounded.

Your Request for Review alleged that the City Council of the City of Kankakee Council) violated section 2( e) of the Open Meetings Act (OMA) (5 ILCS 120/ 2( e) ( West 2018), as amended by Public Act 101- 031, effective June 28, 2019) during a Council meeting held on July 15, 2019, " by their failure to provide any public recital."' Section 2( e) of OMA provides, in pertinent part, that "[ f]ina! action shall be preceded by a public recital of the nature of the matter being considered and other information that will inform the public of the business being conducted." In support of your allegation that the Council violated this provision, you cite Allen v. Clark County Park Dist. Bd. of Com'rs, 2016 IL App (4th) 150963, 67 N.E.3d 536 ( 4th Dist 2016). In Allen, the court held that, although it was " unsure precisely what standard of specificity is required of a public recital," the public recital " approval of lease rates" and " approval for the revised covenants" was insufficient because the recital did not sufficiently inform the public of the nature of the matter being camping equipment? Was it real property being developed into a housing subdivision? Who knows?" Allen, 2016 IL App (4th) 150963, ¶ 30, 67 N. E.3d at 541.

Subsequently, in Board of Education of Springfield School District No. 186 v. Attorney General ofIllinois, 2017 IL 120343, 77 N.E.3d 625 ( 2017), the Illinois Supreme Court established the type of information that is required for an adequate public recital. The Court held that "the recital must announce the nature of the matter under consideration, with sufficient detail to identify the particular transaction or issue, but need not provide an explanation of its terms or its significance." Springfield School District, 2017 IL 120343, ¶ 64, 77 N. E. 3d at 636. In that case, a school board's recital of a separation agreement with its superintendent consisted of the school board president stating that the board was considering an agenda item for " approval of a resolution regarding the separation agreement[ ]" as well as reciting the text of the resolution itself: "' The Board President recommends that the Board of Education of Springfield School District No. 186 vote to approve the separation agreement and release between Dr. Walter Milton, Jr., and the Board of Education."' Springfield School District, 2017 IL 120343, ¶ 81, 77 N. E. 3d at 638. The Court concluded that the school board' s public recital sufficiently " recited have action resulting from the executive session under item A: approval of the settlement regarding Fonder versus Martinez. i4 The Council then voted to approve the settlement.

As discussed above, to comply with the public recital requirements of section 2( e) of OMA, a public body only must recite the nature of the matter under consideration with sufficient detail to identify the particular transaction. A review of the video recording of the July 15, 2019, meeting establishes that the Council announced the nature of the matter under consideration— approval of a settlement. The Council also provided detail sufficient to identify the particular transaction— the settlement of Fonder v. Martinez. Although additional information concerning the terms of the settlement and the nature of the underlying dispute would have increased transparency and better informed the public of the nature of the action being taken, based on the standard articulated in Springfield School District this office is unable to conclude that the Council violated the requirements of section 2( e) of OMA.

Accordingly, this office has determined that no further action is warranted in this matter. This file is closed. Please contact me at ( 312) 814- 5201 or the Chicago address listed on the first page of this letter if you have questions.

Very t 1 your

IE ST INBERG

Assistant Attorney General Public Access Bureau

Notes from the original PDF (3)

considered. Allen, 2016 IL App ( 4th) 150963, ¶¶ 29- 30, 67 N. E. 3d at 541. The court emphasized that "[ t] he public was uninformed of what was being leased. Was it canoes? Was it E- mail from John Kraft to AG PAC ( July 26, 2019). 100 West Randolph Street, Chicago, Illinois 60601 • ( 312) 814- 3000 • TTY: ( 800) 964- 3013 • Fax: ( 312) 814- 3806 601 South University Ave., Carbondale. Illinois 62901 • ( 618) 529- 6400 • TTY: ( 877) 675- 9339 • Fax: ( 618) 529- 6416
the general nature of the matter under consideration— a separation agreement and release— and specific detail sufficient to identify the particular transaction— the separation agreement was between Dr. Milton and the Board." Springfield School District, 2017 IL 120343, ¶ 83, 77 N. E. 3d at 638. The court also clarified: " Because we agree with the Board that identifying key terms would be time consuming and impractical, we reject any suggestion that a public recital of key terms' is required. A public body may choose to provide such information in its recital at the open meeting but is not compelled to do so by section 2( e)." Springfield School District, 2017 IL 120343, ¶ 61, 77 N.E.3d at 635- 36 This office has reviewed the relevant portions of the video recordings of the July 15, 2019, Council meeting as well as the agenda for that meeting. The recording establishes that in announcing that the Council was entering executive session, Mayor Wells -Armstrong stated that " we will be addressing * * * pending and imminent litigation for the approval of a settlement regarding Fonder versus Martinez." 2 Agenda item 15( A) for the July 15, 2019, Council meeting listed, under action resulting from executive session, the " APPROVAL OF SETTLEMENT REGARDING FONDER VS.MARTINEZ.i3 The post -executive session video of the meeting establishes that Mayor Wells -Armstrong informed the public after the closed session that " we do City Council of the City of Kankakee, Meeting, July 15, 2019, at 1: 05: 49 — 1: 06: 10 ( Council Meeting 7- 15- 19 Kankakee City Council Meeting Broadcasted 7/ 15/ 19 6: 58pm - 7/ 15/ 19 8: 05pm), video available at https:// citykankakee- il. gov/chambervideo.php. City Council of the City of Kankakee, Meeting, Agenda, item 15( A) ( July 15, 2019), available at https:// citykankakee- il. gov/perch/resources/ 7- 15- 19- agenda. pdf.
59095 o unf mun cc: Via electronic mail The Honorable Chasity Wells -Armstrong Mayor City of Kankakee 304 South Indiana Avenue Kankakee Illinois. 60901 mayor@citykankakee- il. gov City Council of the City of Kankakee, Meeting, July 15, 2019, at 00: 00: 27 — 00: 01: 16 ( Council Meeting 7- 15- 19 Resume from Ex Session Broadcasted 7/ 15/ 19 8: 23pm - 7/ 15/ 19 8: 37pm) video available at https:// citykankakee- il. gov/ chambervideo. php.