Municipal Minute Wrote About Our Appellate Court Victory –

We don't get a lot of guidance from Illinois courts on compliance with the Open Meetings Act (OMA) (most of our guidance has come from the Public Access Counselor) but today's case is an exception.  Allen v. Clark County Park District Bd of Commissioners, 2016 IL App (4th) 150963. This case is an important one for all public bodies to understand, as it interprets the OMA's "public recital" requirement prior to taking final action on agenda items.

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Here, two individuals alleged that the Clark County Park Board violated the OMA by failing to provide a sufficient explanation prior to voting on two items on the agenda (approval of a lease and approval of revised covenants). According to the court, when the Board considered each of the challenged agenda items, a motion was made, seconded, and then a vote taken. No discussion took place on either item, and the documents were not made available to the public prior to the meeting. Moreover, when a member of the public asked the Board to describe what they had just voted on, the . . . continue reading...