Changes such as the addition of the right to speak during government meetings will take effect in 2013.
(g) Any person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body.
Looks like we’ll be allowed our three minutes apiece at all public meetings beginning next January — well, most of us will, at least.
See Boone County Watchdog for more information about the changes to OMA.
12 comments
Comment by Anson MacDonald on September 7, 2012 at 2:45 pm
Lynn, doesn’t this say “under the rules established… by the public body”?
If the public body (Council) allows public input at the regular council meetings but not the COW’s, is that a problem?
Comment by yinn on September 7, 2012 at 5:36 pm
Yes, it is a problem because the requirement for public input is absolute; they can’t allow it at some meetings and not others.
From the AG’s OMA FAQs:
Currently, DeKalb’s municipal code allows public comment at regular meetings, does not allow it at Committee of the Whole meetings, and says nothing about public input during special meetings.
I don’t see any wiggle room. DeKalb will have to craft rules for allowing public comment at these others types of meetings.
Comment by Anson MacDonald on September 7, 2012 at 7:29 pm
Thanks for the clarification. As they used to say in the old country, “From your mouth to God’s ear!”
Let’s hope the city attorney reads your blog (or keeps up on state statutes).
Comment by markcharvat on September 8, 2012 at 3:42 am
Great Article, Lynn. This could make COW meetings more interesting
Comment by markcharvat on September 8, 2012 at 3:59 am
It is also important to note that the City of DeKalb Facebook page is operated by the city (yes..a FB page can be classified as a website ) . All meeting notices and agendas have not been posted as is required on the City of DeKalb’s Facebook page. Only selected meetings and agendas have been posted. I believe the City of DeKalb is in violation of the open meetings act here. What is the city doing to correct this omission?
Comment by yinn on September 8, 2012 at 11:47 am
Oh, I’m sure it will appear in an Illinois Municipal League bulletin if it hasn’t already.
Comment by yinn on September 8, 2012 at 12:26 pm
Thanks Mark. And you pose an interesting question. If you decide to ask the AG for an opinion on the obligation to uphold the Open Meetings Act on Facebook, please let us know.
Comment by markcharvat on September 8, 2012 at 8:27 pm
I e-mailed city staff (Legal) and asked them to explain, I’ll post my findings here when and if I receive a response
Comment by markcharvat on September 10, 2012 at 6:52 pm
I have filed a request for review with the AG after receiving this ridiculous response in an E-mail from City Attorney Dean Frieders today in reference to the City Of DeKalb Facebook page:
“I respectfully disagree with your analysis of the Open Meetings Act and its requirements relative to websites. The City does maintain a website and does maintain all required information on that website, in accordance with the Act.”
While that may now be true, that does not address the issue of the City’s Facebook page. He clear5ly ducked the question
Also, when asked about the statute that takes effect on Jan 2013 regarding a citizen’s right to speak at Public meetings, I received this response from Mr Frieders:
“With regard to your second contention, can you advise where in the amended statute the language appears indicating that the public can speak at “all” public meetings? I’d be interested in hearing where you find that language.”
In the above response, Mr Frieders is clearly mincing words and will not address the issue. So, come Jan 1, we’ll have to test the issue once the statute takes effect.
Comment by yinn on September 11, 2012 at 8:45 am
Yes. It’s right at the beginning of the PA (very first link in the post above) and is called the “right to speak.” If it’s a public meeting, there is a right to speak. Period.
Of course, this is the same guy who parsed the Local Library Act into an untimely death.
Comment by markcharvat on September 11, 2012 at 5:34 pm
Latest response from the DeKalb contracted city attourney (note the slight change in tone) in an E-mail I received today :
A: Mr. Frieder’s response in reference to the new rules for speaking at public meetings to take affect on Jan 1, 2013:
“You emphasized “ALL” in your response, and I simply wanted to understand where you were pulling that emphasis from. If you note below, I didn’t agree or disagree with you, I was simply trying to understand your point. The City is presently discussing what, if any, changes are required to City Code with regard to the provisions of the statutory amendment. I do not yet have anything to report on the issue, but we are aware of it.”
B. In reference to the Facebook Issue, Mr Frieder’s response:
“As for the Facebook issue, I’d be happy to have the AG take a look at that issue, and to provide my thoughts on it. The City does maintain a website, http://www.cityofdekalb.com, with City staff, and does comply with the statutory requirements for the same. I am not aware of any community taking the position that any posting by a municipality on another organization’s website, such as Facebook, creates an obligation to follow all of the same formalities, nor do I believe that the statutes contemplate such a draconian response. I understand your concern, and am not seeking to diminish it, but in this instance, I believe the City’s current actions do comply with the law, and believe that the AG would reach the same conclusion.”
We’ll see what the AG office has to say in response to my filing I submitted on Monday
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