East Central Reporter

The Illinois Attorney General's Public Access Counselor has issued a binding opinion concerning the City of Peru’s Pool Committee, declaring it a subsidiary body of the city council and thus subject to the Open Meetings Act (OMA) and the Freedom of Information Act. This decision follows a Request for Review alleging that the committee had been conducting private meetings in violation of OMA.

According to the complaint, "The city of Peru has been holding committee meetings but they are closed to the public. The committee was appointed by the mayor, contains city officials, and city citizens. It’s to discuss building a new pool because we passed a referendum to instruct the city to build a pool. They’ve been meeting for several months now without access for the public to attend." Furthermore, it was alleged that "financial reports were given on the status of the general fund as it pertains to a pool and use of tax dollars," along with discussions on "designs and locations," without adhering to OMA requirements such as compiling meeting minutes.

The Attorney General's opinion outlines four factors used by courts to determine if an entity is a "subsidiary body" of a public body: its legal independence from government resolution, degree of government control, extent of public funding, and nature of its functions. None is solely determinative; however, government creation and control are key considerations.

The opinion concluded that these factors showed that the committee violated OMA. Consequently, it directed: “the Committee is directed to take immediate and appropriate action to comply with this opinion by taking measures to ensure all future meetings comply with the requirements of OMA, including properly posting meeting notices and agendas, allowing opportunity for public comment, and preparing meeting minutes. Committee members shall also complete the OMA electronic training curriculum.”

Acknowledgment was given for Mr. Riordan's efforts in advocating for transparency by ensuring that these meetings are accessible to the public.