The Illinois Attorney General's Public Access Counselor (PAC) has determined that the City of Benld, located in Macoupin County, violated the Open Meetings Act (OMA) during a city council meeting held on January 21, 2019. This decision comes nearly six years after John Kraft filed a complaint alleging improper conduct by the council.
Kraft's complaint focused on an 80-minute closed session where the Benld City Council reportedly discussed issues related to the city's water supply and contracts with representatives from HMG, an engineering firm. The council cited potential litigation concerns as justification for the closed session under section 2(c)(11) of OMA.
In response to the PAC, the council acknowledged that "the suggestion of an Open Meetings violation * * * for a period of 80 minutes" was technically correct but argued that legal issues were intertwined with their discussions about water sources. The council's attorney explained that they had been asked to review a contract with the City of Gillespie dating back to April 1984, which would not expire until 2024 unless extended.
The attorney stated: "Our office had been previously requested to review the Contract that had been entered into by the City of Benld with the City of Gillespie in April of 1984... The other parties [in] attendance... were representatives of HMG... who had put together a proposal as to possible alternate water sources..."
However, Kraft contended that there was no evidence suggesting imminent or probable litigation at that time. The PAC found no indication that litigation was likely during the January meeting. While legal matters concerning contractual obligations were part of their discussion, it did not appear likely that litigation would follow.
As such, section 2(c)(11) did not justify closing this session. Consequently, the PAC has requested that Benld City Council make available for public inspection both a verbatim recording and minutes from this closed session.
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