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 make two board meetings convenient and open to the public. The PAC found that the village board violated Section 2.01 of the OMA, which requires public meetings to be held at times and places “which are convenient and open to the public.”
The June 3 and July 1, 2024, meetings of the village board were held in a space that only accommodated 43 people, despite repeated reports about inadequate space at previous meetings and the foreseeability of large crowds due to the board dealing with an array of public controversies. Despite that advance knowledge, the board made no efforts to improve access and instead added restrictions like parking barricades and a heavy police presence, which further impeded public access.
While a meeting may be open to all, conducting an open meeting in a space that is anticipated to be too small can be considered an inconvenient location. While the OMA does not require a board to accommodate everyone in full comfort, it does require that public bodies implement measures to accommodate the public better, particularly when large crowds are foreseeable. While the PAC acknowledged it would not be feasible for the board to accommodate every single person who wanted to attend the meeting, public bodies must make an effort to make their meetings reasonably accessible.
The facts matter when determining whether a meeting is open and convenient. Boards should take into account the circumstances of each meeting to determine what practical and logistical measures need to be implemented to ensure public accessibility. When large crowds are anticipated, consider meeting in a larger room, offering standing room or overflow capacity, and/or providing a video link.
Source: Public Access Opinion 2024-010
