Policy 2007-03

Policy Regarding Use of E-mail by Elected Officials

Sections:

• Introduction
• Policy Statement

Introduction

Public Act 94-1058, effective January 1, 2007, amended the definition of meeting in the Open Meetings Act to now mean:

any gathering whether in person or by video or audio conference, telephone call, electronic means (such as without limitation, electronic mail, electronic chat and instant messaging), or other means of contemporaneous interactive communication of a majority of a quorum of the members of the public body held for the purpose of discussing public business.

If e-mail is extensive enough that it amounts to a discussion between a majority of a quorum of a public body, there is a sufficient “gathering” to constitute a meeting. Generally speaking, when the use of e-mail is more like written correspondence, a meeting will not occur; however, when e-mail use more closely resembles conversation, there is a greater probability that a meeting will occur.

Policy Statement

In St. Charles, a majority of a quorum of the City Council is 4 elected officials. This could mean the Mayor and 3 Aldermen or it could mean 4 Aldermen. It is the City's policy to prohibit the interactive discussion of City business via e-mail, when 4 or more elected officials are included. This policy does not prohibit the transmission of information from 1 elected official to more than 3 other elected officials, provided that it is for the purposes of disseminating information and an “interactive communication“ (as defined above) does not occur. It also does not prohibit the transmission of information from a City staff member to all elected officials.

In accordance with the objective of this policy, the following shall apply:

• E-mails shall not be used to transmit messages discussing public business by and between a majority of a quorum of the members of the City Council.
• Members of the City Council may e-mail messages or send other communications concerning public business provided they do not involve deliberation or discussion of public business.

To that end, the following guidelines shall be followed in the use of electronic communications:

• E-mail discussions between less than a majority of a quorum do not constitute a meeting. However, if such e-mails were forwarded to a majority of a quorum by discussion through the computer, this would constitute “deliberations” sufficient for it to be a meeting.
• E-mail by a staff member to a majority of a quorum with no further discussion or communication among the elected members does not constitute a meeting because there is no discussion of public business.
• E-mail to less than a majority of a quorum at any one time that contains the opinions of other members would constitute a meeting since serial communications concerning public business to a majority of a quorum will be deemed a meeting.
• A member may copy other members on an e-mailed response to a constituent inquiry without violating the Open Meetings Act because this unilateral communication does not constitute discussions or deliberations by a majority of a quorum of the members.
• E-mails of articles, reports or other factual information to other members without any discussion by the members do not constitute a meeting.
• Simply sending a message through a computer to other members is similar to sending a written memo, rather than carrying on a conversation or discussion on the telephone. If no discussion or conversation is had among the members through the computers, there is no meeting.