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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, ...
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