Other Remedies

The Law

No section of the Open Meetings Act shall be construed to preclude other remedies or rights not relating to the question of open meetings.

Commentary
This Subsection simply makes it clear that the remedies available to challenge a public body’s action for violating the Act are not exclusive. The public is not precluded from charging the public body with violation of other laws in connection with the same action.

Example 95:
A board of county commissioners votes to apply the sole source exception stated in Section 10-15- 1(H)(6) of the Act to close a meeting to discuss  and decide upon the purchase of water fountains from Fountain Company when such fountains are available from other vendors. A competing water fountain vendor alleges that the board violated the Act and files suit to overturn the action. If warranted, the competitor might also allege that the board violated the Procurement Code by failing to take bids on this purchase.