East Central Reporter

The Illinois Attorney General's Public Access Counselor has determined that the Dalzell Fire Protection District breached the Open Meetings Act. This conclusion follows a gathering on November 7, 2023, where a majority of fire protection district trustees met with the mayor of Dalzell without posting an agenda or notice. The meeting focused on issues concerning the Dalzell Fire Protection District and village matters.

During this meeting, it was advised by the village attorney that fire district trustees should refrain from discussing any topics among themselves or with the mayor to respect the Open Meetings Act. Despite this advice, discussions occurred regarding ownership and use of a building used by the fire protection district. The mayor expressed frustration over a fire truck parked in the building during his planned Halloween event, which led to disagreements with the fire chief.

The Attorney General's determination stated: "Based on the available information, a majority of a quorum of Board members was present for the November 7, 2023, gathering. Further, the topics discussed were unquestionably public business of the Board." It was noted that although no formal deliberation took place according to board members, inviting another trustee indicated intent to receive pertinent information from the mayor.

The determination referenced past opinions emphasizing that open meeting regulations are meant to prevent decision-making processes from occurring behind closed doors. It questioned why another trustee was invited if there was no anticipation of relevant discussion. The AG concluded that even if discussions were unexpected, trustees could have ended the meeting instead of engaging in dialogue about village property use.

The gathering aimed at obtaining information for addressing concerns raised by the mayor. Consequently, preparations began for considering a lease for the fire station based on potential proposals from the village.

The office concluded that this gathering constituted a meeting under OMA requirements and thus violated these rules due to lack of notice and compliance. However, since no final actions were voted upon during this meeting, no further remedial measures are necessary. The office advises future adherence to OMA when deliberating public business matters.