Champaign, Illinois City Council member and licensed attorney Tom Bruno

At the July 26th, 2022 meeting of the Champaign City Council, local attorney and Council member Tom Bruno made some blatantly false legal claims regarding the Illinois Open Meetings Act (OMA).

A member of the public had expressed disappointment that City Council members had not attended a recent community event about the increase in gun crime.  In response, Bruno claimed that it would have been illegal for more than two Council members to attend such an event without notice to the public; apparently citing the clause in the OMA that requires public bodies to post meeting agendas 48 hours before public meetings.

Bruno’s exact words: “Without adequate notice to post that as a public meeting, it would have been a violation for a third or more Council members to show up.”

This claim made by Bruno, a licensed criminal defense attorney, is simply not supported by law.  Any portion of the members of a public body are entirely free to attend events, including events related to subjects of public business.

One is only required to read a few sentences into the OMA to acquire the necessary legal knowledge:

Section 1.02 of the OMA: “Meeting” means any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business or, for a 5-member public body, a quorum of the members of a public body held for the purpose of discussing public business.

If the members of the public body do not meet for the purpose of discussing public business and do not engage in “contemporaneous interactive communication” with each other about matters of public business, then the gathering is not a “meeting” as defined by the Act.

If attorney Bruno’s assertion were correct, three Council members would be committing crimes if they were to all find themselves in the same grocery store at the same time.

Mr. Bruno’s comments at the July 26th Champaign City Council meeting can be viewed below:

Share This