Documente Academic
Documente Profesional
Documente Cultură
2020CH04540
BETTER GOVERNMENT ASSOCIATION, ) 9464877
)
Plaintiff, )
)
v. )
)
CHICAGO CITY COUNCIL )
)
Defendant. )
COMPLAINT
attorneys, LOEVY & LOEVY, and brings this Open Meetings Act suit to force the CHICAGO
CITY COUNCIL to comply with OMA. CITY COUNCIL violated OMA by holding multiple
closed telephonic meetings that violated nearly every meaningful OMA requirement, including the
statutory obligation to provide notice of meetings, to allow public comment at meetings, and to
make meetings “convenient” and “open” to the public. In support of its Complaint, Plaintiff states
as follows:
INTRODUCTION
1. Pursuant to the public policy of the State of Illinois, public bodies exist to aid in the
conduct of the people’s business and the people have a right to be informed as to the conduct of
their business. Actions and deliberations of public bodies must be taken openly in order to promote
2. Under the Illinois Open Meetings Act, citizens shall be given advance notice of and
the right to attend all meetings at which any business of a public body is discussed or acted upon
in any way. Exceptions to the public’s right to attend exist only in those limited circumstances
where the General Assembly has specifically determined that the public interest would be clearly
FILED DATE: 6/12/2020 9:46 AM 2020CH04540
endangered or that the personal privacy or guaranteed rights of individuals would be clearly in
3. Under the Illinois Open Meetings Act, members of the public have a right to speak
and be heard. Any person shall be permitted an opportunity to address public officials 5 ILCS
120/2.06(g).
4. The General Assembly has declared that it is the citizen’s right to know and the
provisions for exceptions of the open meeting requirements shall be strictly construed against
PARTIES
non-profit corporation located in Cook County, Illinois. BGA’s mission is to promote integrity,
advocate for effective public policy; and to inform and engage the community.
Illinois.
7. On or about May 31, 2020, CITY COUNCIL held a meeting as defined by OMA
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9. OMA requires that meetings be both “convenient” and “open” to the public. 5
ILCS 120/2.01.
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11. Under OMA closed meetings may only be held “upon a majority vote of a quorum
present, taken at a meeting open to the public for which notice has been given as required by this
12. CITY COUNCIL did not properly enter a closed meeting pursuant to OMA.
13. CITY COUNCIL is required to give “[p]ublic notice of all meetings, whether open
or closed to the public.” This public notice requirement applies to emergency meetings as well. 5
ILCS 120/2.02.
14. CITY COUNCIL provided no public notice for the May 31, 2020 meeting.
15. CITY COUNCIL is required to provide an agenda for all of its meetings. 5 ILCS
120/2.02.
16. CITY COUNCIL provided no agenda for the May 31, 2020 meeting.
17. OMA states that “[a]ny person shall be permitted an opportunity to address public
officials under the rules established and recorded by the public body.” 5 ILCS 120/2.06(g).
18. CITY COUNCIL provided no opportunity for public comment at all at the May 31,
2020 meeting.
19. A spokesperson for the Mayor has incorrectly claimed that various telephone
conferences, including the one held on or about May 31, 2020, are not meetings subject to OMA
because such conferences must include “deliberation” and/or “action (for example, a vote)” to
count as a meeting. Mayor Lori Lightfoot blasts Chicago alderman for leaking audio of
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contentious phone call: ‘Shame on him,’ available at http://www.chicagotribune.com/politics/ct-
lori-lightfoot-aldermen-leaked-call-20200610-2k6cwfcn2vhlbbpo4nkamj3era-story.html.
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interactive communication” of a “majority of a quorum of members of a public body held for the
OTHER VIOLATIONS
21. CITY COUNCIL has now committed these violations of the Open Meetings Act at
multiple meetings.
22. On March 30, 2020 CITY COUNCIL held a meeting with a quorum of its members
present.
23. The March 30, 2020 CITY COUNCIL meeting was held in a manner similar to the
May 31, 2020 meeting and committed the same violations of OMA.
24. The first time the March 30, 2020 CITY COUNCIL meeting was disclosed to the
25. On April 6, 2020 CITY COUNCIL held a meeting with a quorum of its members
present.
26. The April 6, 2020 CITY COUNCIL meeting was held in a manner similar to the
May 31, 2020 meeting and committed the same violations of OMA.
27. The first time the April 6, 2020 CITY COUNCIL meeting was disclosed to the
28. To the extent that Gov. J.B. Pritzker's executive orders granted latitude to hold
remote meetings during the COVID-19 public health emergency, none of the executive orders
otherwise obviated the need to comply with the various requirements of OMA.
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29. As the Attorney General noted, public bodies must still comply with all the
provisions of OMA including, among others, the requirement that meetings be “convenient and
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open” to the public. Guidance to Public Bodies on the Open Meetings Act and the Freedom of
http://foia.ilattorneygeneral.net/pdf/OMA_FOIA_Guide.pdf.
30. Upon information and belief, Defendant has held other meetings in a manner
similar to the May 31, 2020 meeting and committed the same violations of OMA.
31. Upon information and belief, therefore, Defendant will hold future meetings
33. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
34. CHICAGO CITY COUNCIL violated OMA Section 2.01 by failing to hold this
36. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
37. CHICAGO CITY COUNCIL violated OMA Section 2a by failing to comply with
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COUNT III – VIOLATION OF OMA – MAY 31, 2020 MEETING – FAILURE TO
PROVIDE PUBLIC NOTICE
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39. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
40. CHICAGO CITY COUNCIL violated OMA Section 2.02 by failing to provide the
42. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
43. CHICAGO CITY COUNCIL violated OMA Section 2.06(g) by failing to provide
45. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
46. CHICAGO CITY COUNCIL violated OMA Section 2.01 by failing to hold this
48. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
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49. CHICAGO CITY COUNCIL violated OMA Section 2a by failing to comply with
51. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
52. CHICAGO CITY COUNCIL violated OMA Section 2.02 by failing to provide the
54. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
55. CHICAGO CITY COUNCIL violated OMA Section 2.06(g) by failing to provide
57. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
58. CHICAGO CITY COUNCIL violated OMA Section 2.01 by failing to hold this
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60. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
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61. CHICAGO CITY COUNCIL violated OMA Section 2a by failing to comply with
63. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
64. CHICAGO CITY COUNCIL violated OMA Section 2.02 by failing to provide the
66. CHICAGO CITY COUNCIL is a public body under OMA required to hold open
meetings.
67. CHICAGO CITY COUNCIL violated OMA Section 2.06(g) by failing to provide
i. enjoin Defendant from refusing to comply with OMA and order Defendant to make
future meetings accessible to the public, allow for public comment and provide
appropriate notice and agendas for all future meetings;
ii. order the release of the written minutes and all recordings for the May 31, 2020, March
30, 2020, and April 6, 2020, meetings;
iii. order the release of the written minutes and all recordings of any other still unknown
secret meetings.
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v. award such other relief the court considers appropriate.
FILED DATE: 6/12/2020 9:46 AM 2020CH04540
RESPECTFULLY SUBMITTED,
____________________________
Matthew Topic
Joshua Burday
Merrick Wayne
LOEVY & LOEVY
311 North Aberdeen, 3rd Floor
Chicago, IL 60607
312-243-5900
matt@loevy.com
joshb@loevy.com
Atty. No. 41295
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