Shelby County Public Safety Committee Violated OMA – Chairman Mayhall Claims “We were under some pressure”

Shelby Co., Ill. (ECWd) –

The Attorney General Public Access Office issued a determination noting that the Shelby County Public Safety Committee, which was chaired by the current county board chair, Tad Mayhall at the time, violated the Open Meetings Act.

While Mayhall basically admitted the violation, his comment after that appears to indicate a justification for the violation, which the law indicates is a Class C misdemeanor.

“There was never an attempt to avert OMA rules, but if we did, I take responsibility for it. We were under some time pressure, and there was limited discussion that night since the purpose was to view the building, but we did have discussions, nonetheless” (emphasis added)

When does “time pressure” constitute justification for not complying with OMA posting obligations?  Only during an emergency, which there was none.  Maybe Mayhall needs to take an OMA refresher course. There is another request for review regarding a Zoom meeting that was also held without posting.  Mayhall and other board members participated in that meeting, and it even included their legal counsel for part of it.   We believe that determination will be the same; a violation took place.

“On January 21, 2025, Ms. Martha Firnhaber submitted a Request for Review alleging that the Committee violated section 2.02 of OMA,2 on or about December 4, 2024, when members of the Committee met with a realtor at 1112 North Morgan Street, Shelbyville, Illinois, (Morgan Street building) to discuss the possible purchase of the Morgan Street building, without providing public notice or posting an agenda for the meeting”

“Based upon the information provided, three Committee members, comprising a majority of a quorum of the Committee, were present at the Morgan Street building and discussed topics that are public business of the Committee. In particular, the suitability of the building for housing emergency response agencies and the County’s Emergency Management Agency is Committee business given its role as a liaison between such agencies and the County Board. Accordingly, the gathering of Committee members at the Morgan Street building was a meeting subject to the requirements of OMA. Therefore, this office concludes that the Committee violated OMA by holding a meeting without providing advance notice, an agenda, or otherwise complying with the requirements of the Act.”

A copy of the AG letter can be downloaded at this link or viewed below.