Return Date: No return date scheduled

Hearing Date: 10/13/2020 10:00 AM - 10:00 AM

Courtroom Number: 2302
Location: District 1 Court FILED
Cook County, IL 6/12/2020 9:46 AM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOROTHY BROWN
COUNTY DEPARTMENT, CHANCERY DIVISION CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 6/12/2020 9:46 AM 2020CH04540

2020CH04540
BETTER GOVERNMENT ASSOCIATION, ) 9464877
)
Plaintiff, )
)
v. )
)
CHICAGO CITY COUNCIL )
)
Defendant. )

COMPLAINT

NOW COMES Plaintiff, BETTER GOVERNMENT ASSOCIATION, by its undersigned

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

transparency and accountability at all levels of government. Such openness is crucial to

democracy. 5 ILCS 120/1.

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

danger of unwarranted invasion. 5 ILCS 120/1.

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

closed meetings. 5 ILCS 120/1.

PARTIES

5. Plaintiff BETTER GOVERNMENT ASSOCIATION (“BGA”) is a non-partisan,

non-profit corporation located in Cook County, Illinois. BGA’s mission is to promote integrity,

transparency, and accountability in government by exposing waste, fraud, and corruption; to

advocate for effective public policy; and to inform and engage the community.

6. Defendant CHICAGO CITY COUNCIL is a public body located in Cook County,

Illinois.

CHICAGO CITY COUNCIL’S MEETING HELD IN VIOLATION OF OMA

7. On or about May 31, 2020, CITY COUNCIL held a meeting as defined by OMA

that included “contemporaneous interactive communication” with a “majority of a quorum” of its

members “for the purpose of discussing public business.”

8. The meeting was conducted by conference call.

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 9. OMA requires that meetings be both “convenient” and “open” to the public. 5

ILCS 120/2.01.
FILED DATE: 6/12/2020 9:46 AM 2020CH04540

10. In violation of the “convenient” and “open” requirements, CITY COUNCIL

provided no way for the public to attend the meeting.

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

Act.” 5 ILCS 120/2a.

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.
FILED DATE: 6/12/2020 9:46 AM 2020CH04540

20. As defined by OMA a “meeting” is “any gathering” with “contemporaneous

interactive communication” of a “majority of a quorum of members of a public body held for the

purpose of discussing public business.” 5 ILCS 120/1.02.

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

public was April 21, 2020.

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

public was April 21, 2020.

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
FILED DATE: 6/12/2020 9:46 AM 2020CH04540

open” to the public. Guidance to Public Bodies on the Open Meetings Act and the Freedom of

Information Act during the COVID-19 Pandemic, available at

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

violating OMA in the same manner.

COUNT I – VIOLATION OF OMA – MAY 31, 2020 MEETING - CONVENIENT AND

OPEN

32. The above paragraphs are incorporated by reference.

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

meeting in a manner “convenient and open to the public.”

COUNT II – VIOLATION OF OMA – MAY 31, 2020 MEETING – IMPROPERLY

CLOSED MEETING

35. The above paragraphs are incorporated by reference.

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

the requirements to enter closed session.

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 COUNT III – VIOLATION OF OMA – MAY 31, 2020 MEETING – FAILURE TO
PROVIDE PUBLIC NOTICE
FILED DATE: 6/12/2020 9:46 AM 2020CH04540

38. The above paragraphs are incorporated by reference.

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

required public notice of the meeting.

COUNT IV – VIOLATION OF OMA – MAY 31, 2020 MEETING - PUBLIC COMMENT

41. The above paragraphs are incorporated by reference.

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

any opportunity for public comment.

COUNT V – VIOLATION OF OMA – MARCH 30, 2020 MEETING - CONVENIENT

AND OPEN

44. The above paragraphs are incorporated by reference.

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

meeting in a manner “convenient and open to the public.”

COUNT VI – VIOLATION OF OMA – MARCH 30, 2020 MEETING –

IMPROPERLY CLOSED MEETING

47. The above paragraphs are incorporated by reference.

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

the requirements to enter closed session.

FILED DATE: 6/12/2020 9:46 AM 2020CH04540

COUNT VII – VIOLATION OF OMA – MARCH 30, 2020 MEETING – FAILURE

TO PROVIDE PUBLIC NOTICE

50. The above paragraphs are incorporated by reference.

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

required public notice of the meeting.

COUNT VIII – VIOLATION OF OMA – MARCH 30, 2020 MEETING - PUBLIC

COMMENT

53. The above paragraphs are incorporated by reference.

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

any opportunity for public comment.

COUNT IX – VIOLATION OF OMA – APRIL 6, 2020 MEETING -

CONVENIENT AND OPEN

56. The above paragraphs are incorporated by reference.

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

meeting in a manner “convenient and open to the public.”

COUNT X – VIOLATION OF OMA – APRIL 6, 2020 MEETING –

IMPROPERLY CLOSED MEETING

59. The above paragraphs are incorporated by reference.

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 60. CHICAGO CITY COUNCIL is a public body under OMA required to hold open

meetings.
FILED DATE: 6/12/2020 9:46 AM 2020CH04540

61. CHICAGO CITY COUNCIL violated OMA Section 2a by failing to comply with

the requirements to enter closed session.

COUNT XI – VIOLATION OF OMA – APRIL 6, 2020 MEETING – FAILURE TO

PROVIDE PUBLIC NOTICE

62. The above paragraphs are incorporated by reference.

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

required public notice of the meeting.

COUNT XII – VIOLATION OF OMA – APRIL 6, 2020 MEETING - PUBLIC

COMMENT

65. The above paragraphs are incorporated by reference.

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

any opportunity for public comment.

WHEREFORE, BGA asks that the Court:

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.

iv. award Plaintiff reasonable attorneys’ fees and costs; and

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 v. award such other relief the court considers appropriate.
FILED DATE: 6/12/2020 9:46 AM 2020CH04540

RESPECTFULLY SUBMITTED,

/s/ Joshua Hart Burday

____________________________

Attorneys for Plaintiff

BETTER GOVERNMENT ASSOCIATION

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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