Effective in 2007, there’s a new wrinkle in the Open Meetings Act (OMA). Senate Bill 585 was signed into law on July 31 last year, and it took effect yesterday. Here’s what it does:
Redefines a “meeting” to include gatherings, whether in person or by telephone call, video or audio conference, electronic means (such as e-mail, chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business.
So, for instance, if a quorum of Park Board members were to all be chatting on IM or via e-mail about public business, that would be a violation of the OMA. Why? Because that would constitute a “meeting,” and another revision to the OMA outlaws this type of meeting:
[SB 585] requires that the number of public body members necessary to constitute a quorum must be physically present at an open meeting and permits participation and voting by other members by audio and video conference.
In other words, you can’t have a meeting over e-mail or IM. And audio or video conferencing is acceptable only under strict conditions:
If a quorum of the members of the public body is physically present as required by Section 2.01, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of: (i) personal illness or disability; (ii) employment purposes or the business of the public body; or (iii) a family or other emergency. “Other means” is by video or audio conference.
These revisions will help to keep public business performed in public (assuming public bodies don’t go into closed session illegally and then destroy the evidence when caught). There’s no reasonable way for the public to monitor IM or e-mail deliberations, so requiring public bodies to be physically present in one place at one time so the public can attend and hear their discussions is responsible governance.
Kudos to the state legislature for ensuring this level of transparency.
What does it matter what laws the state passes?
Local governmental bodies will continue to ignore them. Local prosecutors won’t enforce them criminally and local judges will let them off the hook when civil suits are brought.
Billy — Such a cynic and the New Year has just started…..
True Billy, so true. need a fundamental change at the Park Board, (Director removed)
The Peoria county ETSB used audio a meeting . It is not limited to the Park District.