General Subject Matter of an Agenda Item
Section 2.02(c) of the Open Meetings Act provides that any
agenda shall set forth the “general subject matter” of an item that will be the
subject of final action at the meeting. The PAC has previously determined
that “general subject matter” means that an agenda must set forth only the main
elements rather than the specific details of an item on which the public
body intends to take final action.
In a recent advisory opinion, the PAC offered guidance on
“general subject matter.” A public body took final action on an item
listed as “Recommendation for Appointments” on the agenda. The agenda
failed to list names, offices, or terms for the appointments. The PAC
found that the public body did not violate the Open Meetings Act by failing to
list the names, offices, or terms, as only the “general subject matter” needs
to be listed on the agenda. The PAC specified that these additional
details are not required. The PAC looked to the Senate debate on Public Act
97-827, which added 2.02(c) to the Open Meetings Act, noting that the General
Assembly stated that the agenda need only set out general notice so that people
who follow their units of government know what will be acted on. The
PAC also found it was proper for the Board to take final action, even
though the agenda listed it as a “recommendation.” The PAC stated that
the requirement that the general subject matter of an item on which final
action may be taken be posted on the agenda 48 hours in advance presumes that
the item may be the subject of final action, despite language to the
contrary.
This is a good decision for public bodies as it
makes clear that an agenda only need set out the general subject matter of an
item, without listing specifics such as names, offices, or terms. The important issue is making sure the public has a general idea of the nature of an action a public body intends to take at a meeting.
Post Authored by Erin Pell, Ancel Glink
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