Purely partisan political gatherings are not meetings of public bodies subject to the Open Meetings Act. That’s the determination of the Illinois Attorney General Public Access Bureau after ruling on a pair of complaints regarding three Galesburg alderman attending a March campaign event.
The Public Access Bureau provided copies of the findings to WGIL on Monday evening.
Complaints: 3 aldermen attended the same campaign event
According to redacted copies of the PAC reports, two members of the public submitted Requests for Review alleging a potential violation of the Open Meetings Act by the Galesburg City Council in connection with a March 10 campaign event hosted by then Ward 5 candidate Heather Acerra. Specifically, the request alleges that a majority of a quorum of the City Council attended a campaign event and that event city business and/or proposed city business was discussed. The report indicates then Council members Bradley Hix, Wayne Dennis and Larry Cox attended the campaign event for Acerra on March 10 at a Galesburg restaurant/bar.
Matt Goodman, an assistant attorney with the Public Access Bureau, said in his findings, “Our review of the information that you have furnished, however, provides an insufficient basis for the Public Access Counselor to conclude that the City Council violated OMA.”
Goodman cited a section of the OMA which states, “Purely partisan political gatherings are not meetings of public bodies subject to OMA. The Illinois Supreme Court explained, in People ex rel. Difanis v. Barr, 83 Ill. 2d 191, 202 (1980), that OMA ‘is not intended to prohibit bona fide social gatherings of public officials, or truly political meetings at which party business is discussed. Rather, the Act is designed to prohibit secret deliberation and action on business which properly should be discussed in a public forum due to its potential impact on the public.’”
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Complaint: 3 aldermen exchange emails discussing city business
Another Request for Review submitted by a member of the public alleged that three City Council members — again Hix, Cox and Dennis — exchanged emails discussing city business, including the hiring of a new city manager. The report from the PAC says a member of the public (name redacted) provided copies of emails which were exchanged on July 13, 2022; July 16, 2022; Sept. 12, 2022; Sept. 13, 2022; and Nov. 30, 2022.
The assistant attorney general said in his findings: “the information provided to this office does not provide facts from which this office could conclude that a majority of a quorum of the members of the City Council violated OMA by holding improper meetings via e-mail.”
The above cases are closed, according to the assistant attorney general with the PAC office.
‘A lesson learned for all those involved.’ Galesburg mayor responds to Open Meetings Act violations
The Public Access Counselor, however, noted they are also charged with providing public bodies and members of the public with advice and education concerning the requirements of OMA.
The PAC office “cautions the City Council that group e-mail exchanges among members of a public body could potentially elicit a sufficient number of responses in close proximity to meet the definition of a ‘meeting’ which violates the Act. The City Council should also be mindful of the public policy favoring the open discussion of matters affecting the public interest, before engaging in such communications.”
Below are two letters from the Public Access Bureau regarding Requests for Review relating to the City of Galesburg:
OMA Request for Review 76462 76463 by WGIL Radio on Scribd
OMA Request for Review 76532 by WGIL Radio on Scribd
