Summary of 2025 Binding PAC Opinions (OMA)
Following our earlier summary of the 2025 PAC binding opinions on FOIA, today we focus on the PAC’s 3 binding opinions issued on OMA matters in 2025, which are summarized below.
PAC Op. 25-007 (City Committee was Subsidiary Body Subject to OMA)
In PAC Op. 25-007, the PAC found that a city pool committee (Committee) violated the OMA by holding meetings closed to the public regarding building a new pool in a city, because the Committee was a “subsidiary body” subject to OMA requirements. The PAC determined that the Committee was a subsidiary body because it did not legally exist independently on the city, the city exerted significant governmental control over the Committee, the Committee performed governmental activities typically performed by a municipal committee, and the Committee received at least some indirect public funding by virtue of being part of the city.
PAC Op. 25-009 (Board Violated OMA by Not Naming Candidate for Appointment)
In PAC Op. 25-009, the PAC concluded that a village board violated Section 2(e) of the OMA because it took “final action” by voting on a motion to appoint a person to fill a vacancy on the village board without providing sufficient detail to inform the public about the matter being voted on, because the board did not name or identify the person whose appointment the board considered prior to taking the vote.
PAC OP. 25-011 (improper meeting)
In PAC Op. 25-011, the PAC determined that a county board violated the OMA by holding an improper private meeting when a majority of a quorum of the board discussed public business at an informational event hosted by a private energy company, without posting advance notice of the meeting and complying with other OMA requirements. While there were no specific items concerning the energy company pending before the board, and the board did not reach an accord on any specific matters at the event, the event was nonetheless a meeting subject to OMA’s requirements, because a majority of a quorum of board members engaged in the collective inquiry phase of deliberations by gathering and exchanging information concerning the renewable energy project in anticipation of possibly taking future action.
Post Authored by Eugene Bolotnikov, Ancel Glink
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