The Peoria County Board of Election Commissioners violated the state’s Open Meetings Act by not providing reasonable public access to its May and June board meetings.
The Illinois Attorney General’s public access bureau issued the finding in a written determination on Tuesday.
WCBU formally asked the Attorney General’s office to review the board’s June meeting after the initial media notice stated, “the meeting is via video/telephone and is closed to the public.”
The Open Meetings Act (OMA) requires Illinois public boards, including the election commission, to conduct meetings the public can attend. Gov. JB Pritzker’s March 16 executive order in the wake of COVID-19 suspended in-person meeting attendance requirements, but public access rules didn’t change.
The June 16 election commission meeting in question was streamed on Facebook Live, but WCBU couldn’t find public notice of the viewing option. Citizens, however, could submit questions in advance.
In a July 14 letter to Peoria County Election Commission Executive Director Thomas Bride, the public access bureau found multiple violations stretching back to May.
“It is undisputed that the (election) Commission did not provide the public, including the media, with written notice of directions for accessing its May 12, 2020, and June 16, 2020, remote meetings,” wrote Joshua Jones, public access bureau deputy chief. “Further, the Commission specifically stated that the latter meeting was closed to the public. Because the Commission did not inform the public of options for accessing meetings remotely, the Commission violated section 2.01 of OMA.”
WCBU received a copy of the public access bureau’s letter Tuesday as part of the review process.
“In addition,” Jones stated, “although the Commission stated members of the public were able to submit questions in advance of the meetings and comment on Facebook Live during the June 16, 2020, meeting, it is not evident that the commission notified non-media members of the public option to submit questions or comments for either meeting, as the agendas are silent in this regard.”
“Moreover, members of the public who were not notified of the option to access the remote meetings did not have the opportunity to address the members of the Commission, as the statute requires,” said Jones. “Accordingly, the Public Access Bureau concludes the Commission also violated OMA by not providing a reasonable opportunity for public comment at its May 12, 2020, and June 16, 2020, meetings.”
WCBU requested the Attorney General’s review after examining more than four dozen document pages gathered from material obtained through the Freedom of Information Act, publicly available documents, and the Peoria County Board of Election Commissioners’ website and Facebook page.
The public access bureau requested additional documentation from the election commissioners on June 24, two days after WCBU’s initial inquiry to the state.
Thomas Bride, in a June 30 letter submitted to public access bureau as part of the review process, admitted the Facebook Live meeting option wasn’t known until after the initial meeting agenda was made public. He further stated the May and June agenda information “unintentionally” omitted a reminder that citizens could request a WebEx invitation to electronically monitor the meeting.
State legislation enacted June 12, 2020, clarified OMA remote meeting protocols amid COVID-19. It requires public bodies to provide alternative public access arrangements if in-person meeting attendance isn’t possible due to the pandemic.
Jones addressed the new act in his July 14 letter to Bride.
“The provision was not in effect at the time of the May 12, 2020, meeting and (the public access bureau) does not rely on it in concluding that the Commission violated OMA,” wrote Jones. “In accordance with this provision, however, the Commission must ensure that notices for all future meetings convened electronically provide information explaining how members of the public may access these meetings and options for public comment.”
Jones further stated, “It is insufficient for the Commission to provide meeting access information only to those who request it.”
Bride told the public access bureau in writing June 30 that future notices for virtual meetings would include a Facebook Live reference and a reminder on how to request WebEx access. The Peoria County Board of Election Commissioners July meeting media notice did include detailed public access information.
“It was never the intention of the Board to lack transparency,” said Bride’s June 30 letter to Jones. “We are operating in unprecedented times like everyone else.”
Jones said the public access bureau’s July 14 letter serves to close the review. “The Public Access Counselor has determined that resolution of this matter does not require the issuance of a binding opinion.”
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