OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS Lisa Madigan ATTORVEV GENERAL August 30, 2016 Via elec/ramc mm! Mr. Via mail 'l'hc Honorable Gene Englehan, President Princeton Park District Board c/e Ms. Tammy Lange, Administrative Assistant Princeton Park District 837 Park Avenue West Princeton, Illinois 61356 tienge 1 @holmail.c0m Re: OMA Request for Review 2015 PAC 36425 Dear Mr-nd Prcsidcnt This determination is issued pursuant to section 3.5(e) of the Open Meetings Act (OMA) (5 ILCS (West 2015 Supp.>> For the reasons discussed bclow, this officc concludes that the Princeton Park District Board of Directors (Board) violated section 2i06(g) of OMA (5 (West 2014)) by improperly restricting public comment durlng its May 18, 2015. meeting. 0n .Iuiy 17, 2015. Mn--submitted a Request for Review alleging that the president ofthe Board prohibited him from asking questions during the public comment portion nflhe Board's May 18. 2015, meeting. On July 31, 2015, this office forwarded a copy of the Request rm Review to the District and requested a response In Mrr- allegaliun, and uruny rule- the Board had established and reenrded ehneerning publie eernrnent. On August 13, triet-s executive direeter fumished a written response on Board. MLMeplicd on September 1, 201 s. 500 south 1217; 73271090 - 121717x5-2711 in 12171 732.70% |00\\e3l My alum-3m - Fm mm anti Mzm. 629m tieli 529mm - 11v M-- The Honorable Gene Englehan August 30, mm Page 2 DETERMINATION Section 206(g) of OMA provides that "[a]tly person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body." A public body may promulgate reasonable rules governing public comment to advance significant governmental interests, such as maintaining decorum and ensuring that meetings are conducted en'rciently. Sec 111. Att'y Gen. Pub. Ace. 0p. No. 14-009, issued September 4, 20M, at 4. However. such rules must tend to accommodate, rather than unreasonably restrict, the right to address public officials. See Ill. Att'y Gen. Pub. Act. No. 14-012. issued September 30a 2014. at 6 (rule requiring members orthe public to sign up to comment five days in advance of meetings imposed an unreasonable restriction on public comment), Further, under the plain language of section 2.06tg), a publle body may restrict public Comment only pursuant to its established and recorded mlesr In the Board's response to this office. the District's executive director, acknowledged that the Board had not established and recorded rules govemmg public comment at the time of the May 18, 20l5, meeting, but stated that it was planning to adopt such rules. The Board's response to this otnce also acknowledged that the Board president told Mr.-to stop asking questions during public comment, but denied that he was prohibited from addressing the Board. The response stated that ML-ddresscd the Board about adozen times, and that he asked Board members and the director numerous questions. The response funher ex "Toward the end ofthe interchange, Mr, Englehart, the board chairman. did advise he was not to ask the board questions during the public comment period. Of course, this statement was inaccurate in the sense that the public certainly has the right to ask questions, but the board does not have an obligation to respond"I The response added that the Board resident's statement, "You are not to simply [ask] questions,'" was an attempt to redirect who "a more useful avenue ofexpression." In his reply, Mr-eiterated that the Board president Improperly prohibited him from asking questions at the May IS, 2015, meeting, and he further stated that he had the right to only ask questions irthat was the manner in which he wanted to address the Board.3 'Letter from Elaine Russell. Executtve Director, Princeton Park District to Johnson. Attorney Geneml, Public Access Bureau (August 13,2015) 'Letrer trout Elaine Russell, Executive Director, Princeton Park District, to Lindsey c. Johnson, Ancrney General, Public Access Bureau (August 13.20l5) 'Lerter from _tc Public Access Counselor, omce ofthe Attorney General. state of Puhltc Access Bureau (September l, 2015) Mr-- The Honomble Gent: Englehart August 30. 2016 Page 3 It is undisputed that the Board had not established and recorded rules governing public comment at the time ofits May 18, 2015, meeting and that the president of the Board told Mr.-to stop asking questions when he addressed the Board during the meeting. Even if the Board had established and recorded it rule prohibiting members ofthe ublic from asking questions, the enforcement of such a rule would have infringed on Mr.* statutory right to address the Board pursuant to section 2t06lg) of OMA, ll]. Att'y Gcn. PA Rcv. Ltr. 40303, issued May 20, 2016, at 3 ("The right to comment during an open meeting includes the right to ask questions ofpublic officials, notwithstanding that OMA does not require public omcials to respond to questions or comments"). Although a public body may reasonably terminate public comments that become harassin? or disruptive in order to maintain meeting decomm and conduct public business efficiently, there is no indication that Mr-nade any comments that could be considered disruptive during the meeting. By prohibiting Mr. from addressing questions to the Board, the Board improperly imposed an arbitrary and rule that restricted public comment to a greater degree than was necessary to advance a significant interest. Accordin Iv, this office concludes that the Board violated section mote) by prohibiting Mr asking questions during the public comment ponion oi'its May 18. 2015. meeting. This office requests that the Board refrain from prohibiting individuals who address the Board from asking questions and otherwise limit restrictions on public comment in accordance with established and recorded rules that are necessary to maintain the order and decorum of meetings. Because the Board's response to this office acknowledged that members ofthe public have a right to ask questions during public comment and indicated that it was in the process of adopting rules governing public comment, no additional remedial action is required, he Public Access Counselor has determined that resolution nfthis mutter does not require the issuance of a binding opinion. lfyuu have any questions, please contact lne at (312) 81475206. This letter serves to close this matter. Very truly yours, S. PIYA MUKHERJEE Assistant Attorney General Public Access Bureau 36425 0 206g pub comment mun 'See (A Rana lame/prises Inc City aMnmm, 630 Supp 2d 9 2, 924 (N D. 2009) chairman ot'a eounerl meeting, may 'cenainly stop [the speaker] it'his speech beenrnet irrelevant mpetitiaus' ordisruptivc." (quoting wane tr Crotofrvorwolk. 900 F.2d ms (9th