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How to Bring a Violation of Open Meeting Act to Court

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  • 11-14-2016, 07:17 AM
    epic
    How to Bring a Violation of Open Meeting Act to Court
    State: Illinois

    From answer to my previous thread I understand there is 60 days to go to court. Can a person start the process without having a lawyer - 30 days have passed. Are there certain types of lawyers that specialize in this type of case?
  • 11-14-2016, 10:29 AM
    Taxing Matters
    Re: How to Bring a Violation of Open Meeting Act to Court
    A person with standing certainly may bring the action in court without a lawyer, assuming he or she knows what to do. Alternatively one could look for a lawyer who has experience bring open meeting act claims. Just be aware that even if you invalidate the final action taken due to failure of the public body to provide advance notice of the meeting to take final action that the public body could simply do it over, provide notice, and enact the same decision. If your goal is simply to ensure compliance with the Act and you are willing to devote the time and money for that then it may be worthwhile. If your goal is to try to permanently reverse the action taken then it may prove futile.
  • 11-14-2016, 12:04 PM
    epic
    Re: How to Bring a Violation of Open Meeting Act to Court
    Yes, I understood that it may just delay the final outcome for a couple of months, as the public body would do the action in the proper way the second time around.
  • 11-14-2016, 06:21 PM
    cdwjava
    Re: How to Bring a Violation of Open Meeting Act to Court
    I have some experience with this in CA, and the delay may not be more than a couple of weeks (depending on the issues at hand). I have seen "cure and correct" re-votes done at immediately subsequent meetings.

    As I was told by an attorney from the AG's office who came down to investigate a series of such accusations of violations by a local city council, The most common resolution to such matters is at the ballot box.

    But, if you have the money and the cost of paying an attorney and going to court is worth it to you to make a point, that's your prerogative.
  • 11-15-2016, 07:18 AM
    budwad
    Re: How to Bring a Violation of Open Meeting Act to Court
    Since you didn't answer (in your other thread) what was decided, I can't tell you if it would have required a formal vote of the governing body. Illinois' Open Meeting Act and the statutes on municipal codes does allow for certain issues to be decided without a formal vote.




    But before you attempt to file an action in court, you may want to submit the issue to the Attorney General for review as provided in the Act.

    Quote:

    (5 ILCS 120/3) (from Ch. 102, par. 43)
    Sec. 3. (a) Where the provisions of this Act are not complied with, or where there is probable cause to believe that the provisions of this Act will not be complied with, any person, including the State's Attorney of the county in which such noncompliance may occur, may bring a civil action in the circuit court for the judicial circuit in which the alleged noncompliance has occurred or is about to occur, or in which the affected public body has its principal office, prior to or within 60 days of the meeting alleged to be in violation of this Act or, if facts concerning the meeting are not discovered within the 60-day period, within 60 days of the discovery of a violation by the State's Attorney or, if the person timely files a request for review under Section 3.5, within 60 days of the decision by the Attorney General to resolve a request for review by a means other than the issuance of a binding opinion under subsection (e) of Section 3.5.
    In addition:
    Quote:

    (5 ILCS 120/3.5)
    Sec. 3.5. Public Access Counselor; opinions.
    (a) A person who believes that a violation of this Act by a public body has occurred may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the alleged violation.
    I suspect that this issue relates back to your May thread about a building owned or leased by a non-profit on public land. So for 6 months you still have not hired an attorney to handle this for you. You protest a lot, take little action, and you think the law is on your side but you don't know what the law is. When I was in public service, we called that a gadfly.
  • 11-15-2016, 10:47 AM
    cdwjava
    Re: How to Bring a Violation of Open Meeting Act to Court
    Open meeting violations can be frustrating because the recourse in court is often expensive and, ultimately, court action rarely overturns anything since the issue can be readily corrected and that seems to be the most common order issued from courts on those rare occasions that it makes it that far. It's more of a political hullaballoo than anything else.
  • 11-15-2016, 01:53 PM
    budwad
    Re: How to Bring a Violation of Open Meeting Act to Court
    Some things can't be readily corrected by a simple let's vote on it again. But it depends on what is at stake and what the process was and when was the OMA violated.

    I have seen entire zoning ordinances nullified, complex subdivisions having to be started over before a planning board, and budgets and salary ordinances all starting over and taking months of new hearings to fix. And in that time frame, things change sometimes. Elections happen for one thing and new people are appointed to governing boards.

    A Google Scholar search (Public Meetings Act) of Illinois cases brings up 779 cases that have made it to either the Appellate or Supreme Courts. So more than a few make it to court.

    I don't disagree that people try to use the OMAs to make a political hullaballoo when there is no real substance (according to the laws) to the allegations like a gadfly might do.
  • 11-15-2016, 04:30 PM
    cdwjava
    Re: How to Bring a Violation of Open Meeting Act to Court
    Though, the vast majority of such claims do involve otherwise harmless or easy to correct issues. And those that do make it to court does not mean that they diverted much more than they delayed. But, Illinois does have Chicago, so, maybe it's a different racket out there.
  • 11-15-2016, 04:57 PM
    free9man
    Re: How to Bring a Violation of Open Meeting Act to Court
    Quote:

    Quoting cdwjava
    View Post
    But, Illinois does have Chicago, so, maybe it's a different racket out there.

    I see what you did there. :D
  • 11-16-2016, 10:42 AM
    epic
    Re: How to Bring a Violation of Open Meeting Act to Court
    cdwjava and budwad for your info as to a website and experience. Except for a verbal response from the AG office that they were contacting the Public Body I have heard nothing. I understand that the there is potional for sanction, $1000 fine or a binding opinoin for this violation only. Yes, Chicago is a whole different game from the rest of Illinois. The public body can stall, and the only thing they get is a slap on the wrist.
    I was interested in how someone would begin a lawsuit of this type to begin the process. My budget is limited and it's doubtful that many lawyers have dealt with OPen Meeting Violations in a small town especially when you'll be up against a large public body.
  • 07-16-2017, 01:06 PM
    epic
    Re: How to Bring a Violation of Open Meeting Act to Court update
    I decided to not go to court - lawyer suggested I do it prosay (sp) but I didn't feel I could give the energy needed. I did send to AG who investigated and after about 6 months determined there was no violation - because the government agency lawyer stated - the Board didn't vote to do the action - the ex. director made the decision to let the contract to demolish a bldg rather than negociating with a group who wanted to save it (which was one of the choices that was going to be discussed at the mtg. in question. The agenda listed as discussion only, because the board didn't vote to do it the ex dir. made the decision there wasn't a violation.
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