In a binding opinion, the Illinois Attorney General Public Access Counselor (PAC) found that a village board of trustees violated the Open Meetings Act (OMA) by interrupting and restricting a public commenter from naming individual trustees. Because the board did not have an established or recorded rule that permitted such restrictions and because such restrictions would be incompatible with the purposes of public comment, the board’s actions violated the OMA.
During a board meeting, a resident attempted to offer comments and congratulate individual trustees by name. The mayor interrupted the resident, telling her not to specifically mention the trustees’ names. When the resident proceeded to do so, the mayor unplugged the audio system, removed the microphone, and summoned the police chief, all before the resident had used her three minutes of speaking time.
The PAC held that the board violated Section 2.06(g) of the OMA by improperly interrupting and restricting the resident’s public comment. Section 2.06(g) requires public bodies to allow the public an opportunity to address officials under rules established and recorded by the body. Because the village curtailed the residents’ time without any established, recorded rule, the board’s actions violated the OMA. Moreover, the PAC found that an established, recorded rule prohibiting the naming of individual trustees would be incompatible with the OMA’s guarantee that members of the public be afforded “an opportunity to address public officials.” While the PAC did acknowledge that the presiding officer has a duty to maintain order in a meeting, there was no evidence that the resident’s comments disrupted the meeting.
The opinion emphasizes that public-comment rules must tend to accommodate, not restrict, the public’s right to address officials, and that content based limitations, especially those shielding officials from criticism, are often incompatible with both the OMA and the First Amendment. Moreover, any rules that are aimed at maintaining order during public comment must be both established and recorded before the meeting.
Source: Public Access Opinion 26-001
