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July 13, 2024

AG: Wheeling City Council violated Open Meetings Act –

By John Kraft & Kirk Allen

On April 8, 2017


The Illinois Attorney General’s Public Access Counselor has issued a determination stating that the Wheeling City Council violated the Open Meetings Act on  November 21, 2016 when it failed to follow its own written policy on public comment, which resulted in preventing a speaker from addressing the city council.

The core issue was the city’s written and established public comment policy by requiring someone wishing to comment to sign-up on the clipboard that was neither visible nor presented for sign-up.

Wheeling city policy did not require prior sign-up, but the city thought is could place arbitrary rules in place at the meeting in spite of their written and established policy.

The AG determined that any written and established policy trumps any arbitrary policy not formally adopted and that does not rescind previous policy.

The city violated Section 2.06(g) of the Open Meetings Act by their conduct – which consisted of listening to their attorney and the village manager (neither of which hold any type of authority during a public meeting), who were wrong (again).

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1 Comment
  • jannie
    Posted at 07:42h, 11 April Reply

    Glad there was finally a determination. I am dismayed at the number of public agencies that violate foia requests and OMA. I, in my county, have been aware of both by a public body. The fola not so much– only “stonewalling” to delay to the point of discouraging one person, but when s-mailed the law and requesting the “denial” in writing — suddenly the public body filled the the request, but not without whining.

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