In a binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) found that a village board violated the Open Meetings Act (OMA) by failing to provide sufficient advance notice on the agenda of its final action to authorize a vehicle purchase. The board later rectified this by properly including the purchase on the agenda and re-approving it in a subsequent meeting. The PAC also determined that the board did not violate the OMA by allowing a board member to attend meetings remotely due to an out-of-town job assignment.
The PAC found that the village board violated Section 2.02(a) of the OMA, which requires that meeting agendas must set forth the general subject matter of any resolution or ordinance that will be the subject of final action at the meeting. At the meeting in question, the board approved the purchase of a truck under the agenda item “Report from the Superintendent of Public Works.” The board conceded that this action violated the OMA and remedied the violation by including the truck purchase on the agenda for a later meeting and re-voting on approval of the purchase. Because of these remedial steps, the PAC found that no further action was required.
The PAC also found that the board did not violate the OMA by allowing one board member to attend meetings remotely. Section 7(a) of the OMA allows for members to attend meetings by means other than physical presence if a member cannot physically attend for certain reasons, including “employment purposes.” The board member attended several meetings remotely because his job obligations required him to stay in hotels while working in other cities during the week. The PAC rejected arguments that remote attendance was improper because the member chose to take a job that required him to travel out of town and that the member could drive back in time for the meeting.
This opinion serves as a reminder to include all potential action items on the meeting agenda. When insufficient notice is given, remedy it at the next board meeting. It is also significant because the PAC confirmed that board members can attend meetings remotely when they are out of town for employment reasons. Nevertheless, be sure to follow all procedural steps for participation of members by means other than physical presence.
Please contact a member of our Board Governance/Corporate practice group with questions.
Source: Public Access Opinion 2024-007
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