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TO: Mayor Irvin and the City Council
FROM: Law Department
DATE: June 18, 2020
SUBJECT:
Designating the chief administrative officer, chief legal counsel, and regular meeting location of public bodies in the City of Aurora for the purposes of the Open Meetings Act.
PURPOSE:
To facilitate compliance with recent changes to the Open Meetings Act governing meetings of public bodies without the physical presence of a quorum.
BACKGROUND:
Governor Pritzker signed Public Act 101-640 in to law on Friday, June 12, 2020. Among other things, the Public Act codified the procedures for public bodies to lawfully meet without the physical presence of a quorum at a fixed meeting location. Since the onset of the COVID-19 Crisis, public bodies across the state had been meeting remotely under the auspices of the Governor's executive orders.
While the amendment to the Open Meetings Act was a welcome and necessary change, one of the conditions associated with "remote" meetings was a requirement that a member of the public body or the "chief administrative officer" or the "chief legal counsel" of the public body be physically present at the regular meeting location, unless their presence was "unfeasible." Thus, even if the public body itself cannot meet in person, and even if the public body determines it is not safe for the public to attend the meeting in person, the General Assembly believed that it was important to have one of these individuals physically present at the regular meeting location during the meeting -- even if no one else is there.
DISCUSSION:
Under the Open Meetings Act (Act), the City Council, each of its committees, and all City advisory bodies and task forces constitutes a distinct public body with the obligation to comply with all of the provisions of the Act. The terms "chief administrative officer" or "chief legal counsel," however are not defined in the Act, and in the context of the operation of City government, it is not clear who, if anyone, holds those positions with respect to certain bodies.
For this reason, it is appropriate to establish a means for designating those individuals for the purposes of compliance with the Act.
For the purposes of Section 7(e)(5) of the Act as enacted by Public Act 101-0640, the chief administrative officer of a public body within the City shall be:
- In the case of the City Council or its Committee of the Whole, the Clerk, or in her absence, the deputy clerk;
- In the case of a standing committee of the City Council, the Chief of Staff of the Office of the Aldermen or an aldermanic aide designated by her
- In the case of a board or commission established by ordinance, the secretary of the board or commission, or if there is no secretary, the administrative staff member assigned to assist the board or commission in the conduct of its business
- In the case of a mayoral task force or other ad hoc body, a member of the Mayor's Office designated by the Mayor.
For the purposes of Section 7(e)(5) of the Act as enacted by Public Act 101-0640, the chief legal counsel of a public body within the City shall be the corporation counsel, or in his absence, an assistant corporation counsel or special counsel as may be assigned by the corporation counsel to assist the public body in the conduct of its business.
Further, for the purposes of Section 7(e)(4) and (e)(5) of the Act, the regular meeting location of a public body shall include all spaces in the building in which the public body regularly conducts its meetings, and any public property located within 400' of such building.
IMPACT STATEMENT:
Approval of this resolution will clarify whose physical presence satisfies the requirements of Section 7(e)(5) of the Open Meetings Act.re
RECOMMENDATIONS:
That the Council approve this resolution. Due to the effective date of June 12, 2020 and the likelihood of the state advancing to Phase 4 of the Restore Illinois program on June 26, 2020, it is prudent that the Council consider this item as a matter of new business at its meeting on June 26, 2020.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution designating the chief administrative officer, chief legal counsel, and regular meeting location for the public bodies of the City.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Public Act 101-0640 provides that in rare instances where public bodies may meet without the physical presence of a quorum, the chief administrative officer or the "chief legal counsel" of the public body be physically present at the regular meeting location, unless their physical presence is unfeasible due to a disaster;
WHEREAS, there are approximately 50 public bodies, as the Open Meetings Act defines the term constituted by the City; and
WHEREAS, the City has not designated chief administrative officers or chief legal counsels for these bodies; and
WHEREAS, the City Council desires to clearly identity the persons serving in these roles for the respective public bodies under the City's jurisdiction; and
WHEREAS, the City Council desires to broadly define the term "regular meeting location" so as to best carry out the purpose and intent to Public Act 101-0640;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that for the purposes of Section 7(e)(5) of the Open Meetings Act as set forth in Public Act 101-640, the chief administrative officers of the public bodies in the City of Aurora are designated as follows:
- In the case of the City Council or its Committee of the Whole, the Clerk, or in her absence, the deputy clerk;
- In the case of a standing committee of the City Council, the Chief of Staff of the Office of the Aldermen or an aldermanic aide designated by her;
- In the case of a board or commission established by ordinance, the secretary of the board or commission, or if there is no secretary, the administrative staff member assigned to assist the board or commission in the conduct of its business; and
- In the case of a mayoral task force or other ad hoc body, a member of the Mayor's Office designated by the Mayor; and further
BE IT RESOLVED, for the purposes of Section 7(e)(5) of the Act as enacted by Public Act 101-0640, the chief legal counsel of a public body within the City shall be the corporation counsel, or in his absence, an assistant corporation counsel or special counsel assigned by the corporation counsel to assist the public body in the conduct of its business; and further
BE IT RESOLVED, for the purposes of Section 7(e)(4) and (e)(5) of the Act, the regular meeting location of a public body shall include all spaces in the building in which the public body regularly conducts its meetings and all public property within 400' of such building.