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  1. #1
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    May 2011
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    Default Can a City That Violates an Open Meeting Act Be Required to Hold a New Meeting

    State of Illinois

    If a public body is found to have violated the Open Meeting Act by voting on a discussion Only item (listed on agenda as discussion only) is it possible for the state agency that oversees the OMA/FOIA to require the public agency that violated (or potentially violated the process) to have to "do over" meaning one meeting state Discussion Only and next meeting agenda item listed with Vote (recommend approval = or whatever staff recommended).

    I know there could be a penalty "$1000 fine which would be no problem for this public body.

  2. #2
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    Default Re: Can a City That Violates an Open Meeting Act Be Required to Hold a New Meeting

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    State of Illinois

    If a public body is found to have violated the Open Meeting Act by voting on a discussion Only item (listed on agenda as discussion only) is it possible for the state agency that oversees the OMA/FOIA to require the public agency that violated (or potentially violated the process) to have to "do over" meaning one meeting state Discussion Only and next meeting agenda item listed with Vote (recommend approval = or whatever staff recommended).
    As the Illinois Open Meetings Act provides no state agency with that authority it appears the answer to that is no. Rather, the statute allows a person to bring an action in court within 60 days of the alleged open meetings act to seek such relief as the court may deem appropriate to remedy the violation (if one is found). What exactly do you claim is the violation here? Was the vote not taken in a meeting open to the public? A final action by a public body must be done in an open meeting, so if that was not done presumably that final action is invalid and the agency would have to redo it if it wanted to achieve whatever it was that the agency approved.

  3. #3
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    Default Re: Can a City That Violates an Open Meeting Act Be Required to Hold a New Meeting

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    " meaning one meeting state Discussion Only and next meeting agenda item listed with Vote (recommend approval = or whatever staff recommended).
    If what you are saying is that there were two agenda items on a duly advertised agenda for a regular meeting, one for discussion and another for a possible vote, that is not a violation because the advertised agenda indicated that a vote might be taken based on discussion and recommendations.

    It is also common for bodies to hold two meetings in a single night. One can be a work session and one can be for action (special or regular). So it were two agendas for two meetings that too is not a violation.

  4. #4
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    Default Re: Can a City That Violates an Open Meeting Act Be Required to Hold a New Meeting

    The most common way to address an open meeting violation is to act to "cure and correct" the issue at a later meeting. It's really not a huge issue to correct such a problem if it is brought to the attention of the board/commission/council involved. However, if they decline to admit that there was a problem, then no correction may occur. Whether that will be an issue or not depends on what the people offended by the infraction want to do about it. Short of making a stink in the media, options can be very limited for those who want to compel some form of action.

  5. #5
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    Default Re: Can a City That Violates an Open Meeting Act Be Required to Hold a New Meeting

    No there was one agenda item listed for Discussion Only, However at that meeting they "decided" made a final decision - they never said in the minutes they voted, it said they decided.

  6. #6
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    Default Re: Can a City That Violates an Open Meeting Act Be Required to Hold a New Meeting

    But did they vote at a subsequent meeting? What it says in the minutes is not the issue. Did they pass or vote on the issue at a public meeting? That is the issue.

  7. #7
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    Default Re: Can a City That Violates an Open Meeting Act Be Required to Hold a New Meeting

    Yes they made a decision at that meeting, it was in the newspaper, in the minutes it was not a secret. Their specfic wording was they decided - it didn't say they voted. It was still a final outcome.

  8. #8
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    Default Re: Can a City That Violates an Open Meeting Act Be Required to Hold a New Meeting

    Not everything that a governing body does at a meeting requires a vote. They can come to a consensus, they can straw poll to see what future action will be voted on, they can decide to direct a department to do something that doesn't effect the budget, and the list goes on. There are work sessions where lots of things get decided but no official action is taken.

    What is it that they decided?

  9. #9
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    May 2011
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    Default Re: Can a City That Violates an Open Meeting Act Be Required to Hold a New Meeting

    I believe that would have to be listed as 2 separate meetings and agendas to reflect that. (this is in regard to the previous comment about work sessions same night)

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