Whether a City’s Pool Committee is A Public Body Subject to OMA
A member of the public submitted a request for review to the Illinois Attorney General's Public Access Counselor's office (PAC) alleging that a City of Peru (City) pool committee (Committee) violated the Open Meetings Act (OMA) by holding meetings closed to the public regarding building a new pool in the City. The PAC analyzed the issue presented using a four-factor test established by the Illinois Supreme Court to determine whether the Committee would constitute a “subsidiary body” subject to OMA requirements.
Section 1 of OMA states that "it is the intent of this Act to ensure that the actions of public bodies be taken openly and that their deliberations be conducted openly." Section 1.02 of the OMA defines "public body" as including "all legislative, executive, administrative or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but limited to committees and subcommittees[.]" Generally, the OMA applies to a majority of a quorum of school board members when discussing public business contemporaneously, commonly three or more school board members. In analyzing whether an entity constitutes an advisory body of a public body, Illinois courts have examined: (1) who appoints the members of the entity, (2) the formality of their appointment, (3) whether the members are paid for their tenure, (4) the entity's assigned duties, including duties reflected in its bylaws or authorizing statute, (5) whether the entity's role is solely advisory or whether it also has a deliberative or investigative function, (6) whether the entity is subject to government control or otherwise accountable to any public body, (7) whether the entity has a budget, (8) the entity's place within the larger public body, and (9) the impact of decisions or recommendations that the entity makes. University Professionals of Illinois v. Stukel, 344 Ill. App. 3d 856, 865 (2003). Courts have considered four primary factors in determining whether an entity is a "subsidiary body" of a public body: (1) the extent to which the entity has a legal existence independent of government resolution, (2) the degree of government control exerted over the entity, (3) the extent to which the entity is publicly funded, and (4) the nature of the functions performed by the entity." Better Government Ass'n v. Illinois High School Ass'n, 2017 IL 121124, ¶ 26.
First, the PAC found that the City created the Committee as part of the City’s planning process to construct a new pool in the City. The City claimed the Committee was an informal advisory committee doing preliminary background work for the City to consider. The PAC stated that even if the City labels the Committee or its gatherings as “informal” that does not shield the gatherings or discussions about public business from OMA requirements. The PAC determined that the Committee would not legally exist independently of the City.
Second, the PAC found that the Mayor appointed the members of the Committee, the Committee’s recommendations were all subject to City Council review and approval, and the City had been directly involved in and controlled most of the Committee activities relating to building a pool in the City, including providing assistance related to finance, engineering and zoning, and parks and recreations matters. The PAC determined that the City exerts a significant amount of government control over the Committee.
Third, the PAC found that even though the City claimed that the members of the committee are volunteering, the Committee received at least some indirect public funding by virtue of being part of the City, and salaried City officials and employees devoted their time to supporting the Committee’s activities. For example, the Mayor appointed to the Committee two members of the City Council as well as the City's Director of Parks, Recreation and Special Events.
Finally, the PAC found that the Committee was tasked with assessing the potential designs, costs, and locations for a new City pool, and reporting its findings to the City, which are roles typically performed by a municipal committee. The PAC determined that the City utilized the Committee to perform governmental functions.
The PAC concluded that the Committee is a subsidiary body of the City subject to the requirements of OMA.
A copy of the decision can be found here.