In a binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) found that a city committee violated the Open Meetings Act (OMA) by failing to make its meetings open to the public. The city claimed that the committee was an informal advisory group that was advising on a municipal pool project, and as a result, was not subject to the OMA and did not have to hold open meetings. However, the PAC found that, despite its informal nature, the committee was a subsidiary body of the city, meaning that it was subject to the OMA, and therefore, must hold its meetings in accordance with the OMA’s requirements.
In determining the nature of the committee, the PAC reviewed four primary factors: (1) the extent to which the entity has a legal existence independent of government resolution, (2) the degree of government control over the entity, (3) the extent to which the entity is publicly funded, and (4) the nature of the functions performed by the entity. The PAC noted that the committee was created by the mayor, included city officials, performed governmental functions, and was supported by city staff. Therefore, the PAC found the committee was subject to the OMA and required the committee to comply with the OMA for future meetings, including providing public notice of meetings, allowing public attendance and comment, and keeping minutes.
This case reinforces that public bodies, including advisory and subsidiary committees formed by cities are subject to the OMA. For school districts, this means that even informal or advisory committees discussing public business may be required to hold meetings in compliance with the OMA.
Source: Public Access Opinion 2025-007
