Village of Kappa Board Trustees complaint dismissed, OMA does not grant board member speech rights
The dispute concerned whether a village trustee has a right under OMA to address the board during public meetings.
Plain-language summary
Two village trustees complained to the Attorney General that they were not allowed to speak during board meetings. The Attorney General's office explained that the Open Meetings Act only guarantees the public a right to speak at meetings, not board members. Because the complaint was about a trustee's right to speak rather than a member of the public's right, the PAC closed the file without taking action.
Legal question
Does the Open Meetings Act (5 ILCS 120/2.06(g)) provide a right for elected officials to address their own public body during a meeting?
Holding
The PAC concluded that the complaint did not allege a violation of the Open Meetings Act because the right of a trustee to address the board is not governed by OMA.
Summary
Two Village of Kappa trustees alleged that the Board of Trustees violated the Open Meetings Act by preventing one of them from voicing opinions during public meetings. The PAC determined that OMA's public comment provisions apply to the general public, not to elected officials acting in their capacity as board members.
Issues decided in this letter
Each question the Public Access Bureau decided, with the rule it applied. Extracted automatically from the letter; the source PDF is authoritative.
- No determination / resolvedOMA section 3.5(a)
January 8, 2018 meeting violation alleged untimely
Rule applied: A request for review must be filed within 60 days after the alleged violation, so the Public Access Counselor cannot address untimely allegations.
- No determination / resolved
First Amendment rights of Trustee Chambers
Rule applied: The Public Access Counselor's authority is limited to alleged violations of OMA and FOIA, so constitutional claims cannot be addressed.
- No violationOMA section 2.06(g)
Trustee prevented from speaking at February and March meetings
Rule applied: OMA does not govern interactions between board members or how a public body conducts its meetings, and section 2.06(g) gives the public, not board members, the right to address the board.
Authorities cited: Ill. Att'y Gen. Pub. Acc. Op. No. 14-009
Cited by determination letters (1)
Later Public Access Bureau letters that relied on this decision.
- A school board member's right to speak during public comment Board of Education of Hinsdale Township High School District 86 · 2022