Open Meetings Act

5 ILCS 120/1 et. al.

1. PUBLIC POLICY CONSIDERATIONS
   1. Public bodies exist to aid conduct of the people's business. Their actions and deliberations should be conducted openly. People have a right to be informed of the conduct of the people's business.
      1. All meetings of public bodies shall be public meetings (open) except those exceptions specifically listed in the Act.
      2. The exceptions are to be strictly construed and shall extend only to subjects clearly within their scope.
      3. Collective bargaining negotiations and grievance arbitrations conducted under the IELRA are exempt from the provisions of the Open Meetings Act. 115 ILCS 5/18.
   2. Meeting
      1. Meeting any gathering of a majority of a quorum held to discuss public business.
      2. Public Body includes committees and subcommittees of the public entity.
   3. No final action may be taken in closed session.
      1. Final action taken in open session only.
      2. Must give public recital of nature of matter being considered in open session prior to final action.
   4. Exemptions for closed meetings that must commonly apply to municipalities and school districts (5 ILCS 120/2 (b)).
      1. The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged against an employee to determine its validity.
      2. Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.
      3. The selection of a person to fill a public office, as defined in this Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.
      4. Evidence or testimony presented in open hearing, or in closed hearing were specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.
      5. The purchase or lease of real property for the use of the public body. Including meetings held for the purpose of discussing whether a particular parcel should be acquired.
      6. The setting of a price for sale or lease of property owned by the public body.
      7. The sale or purchase of securities, investments, or investment contracts.
      8. Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff or public property.
      9. Student disciplinary cases.
      10. The placement of individual students in special education programs and other matters relating to individual students.
      11. Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.
      12. The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member.
      13. Professional ethics or performance when considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body’s field of competence.
      14. Self-evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member.
      15. Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.
   5. Definitions. For purposes of 5 ILCS 120/2 (d).
      1. “Employee” means a person employed by a public body whose relationship with the public body constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor.
      2. “Public office” means a position created by or under the Constitution or laws of this State, the occupant of which is charged with the exercise of some portion of the sovereign power of this State. The term “public office” shall include members of the public body, but it shall not include organizational positions filled by members thereof, whether established by law or by a public body itself, that exist to assist the body in the conduct of its business.
      3. “Quasi-adjudicative body” means an administrative body charged by law or ordinance with the responsibility to conduct hearings, receive evidence or testimony and make determinations based thereon.
2. PROCEDURE
   1. Majority vote of quorum present (taken in open session).
   2. Minutes must cite specific exception allowing closed meeting. Good practice to cite to the specific statutory exception in 5 ILCS 120/2(c).
   3. Vote of each member must be recorded in minutes.
   4. Only topics specified in motion may be discussed during closed session minutes of closed session should reflect the topics discussed.
   5. A quorum of members of a public body must be physically present at the location of an open meeting. A quorum of members of a public body that is not a public body with statewide jurisdiction must be physically present at the location of a closed meeting. Other members who are not physically present at a closed meeting of such a public body may participate in the meeting by means of video or audio conference pursuant to the requirements of 5 ILCS 120/7.
3. TIME AND PLACE OF MEETING
   1. Regular Meetings
      1. Board determine date and time of regular meetings at organizational meeting of Board.
      2. Must post notice of schedule of regular meetings and provide copy to media who request it at beginning of each calendar or fiscal year.
      3. Ten (10) days notice by publication in a newspaper of general circulation in the district to change regular meeting date or by posting of change in at least three (3) prominent places within the governmental unit with a population of less than 500.
      4. An agenda for each regular meeting shall be posted at the principal office of the public body and at the location of the meeting at least 48 hours in advance of holding the meeting.
      5. Public notice of a reconvened meeting within 24 hours with the announcement at the original meeting of the time and place of the reconvened meeting with no change in the agenda does not require further public notice.
      6. A public body with a website and a full-time staff that maintains shall also post on its website the agenda of any regular meeting of the governing body of that public body. Any agenda of the regular meeting that is posted on the website shall remain posted until the meeting is concluded. The failure of the public body to post on its website notice of any meeting or agenda shall not invalidate the meeting or any actions taken at a meeting.
   2. Special meetings shall be held at least 48 hours in advance of the meeting with an agenda.
   3. 3. Bona fide emergency meetings of the board shall be noticed as soon as practicable prior to holding the meeting and to any news media who has requested notice.
4. RECORDING MEETINGS
   1. Subject to the provisions of Section 8-701 of the Code of Civil Procedure, any person may record the proceedings at meetings required to be open by the Open Meetings Act by tape, film or other means.
   2. The authority holding the meeting shall prescribe reasonable rules to govern the right to make such recordings.
5. MINUTES
   1. All public bodies shall keep written minutes of all their meetings, and a verbatim record of all their closed meetings in the form of audio or video recording. The minutes shall include but are not limited to:
      1. The date, time and place of the meeting;
      2. The members of the public body recorded as present or absent and whether the members were physically present or present by means of video or audio conference; and,
      3. A summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes taken.
   2. The minutes of meetings open to the public shall be available for public inspection within 7 days of the approval of such minutes by the public body.
   3. If the public body has a website which is maintained by full-time staff then the public body shall post the minutes of the open meetings on the public body’s website within 7 days of the approval of the minutes by the public body. The minutes of open meetings shall remain on the public body’s website for at least 60 days after their initial posting.
   4. The verbatim record may be destroyed without notification to or approval of a records commission or the State Archivist under the Local Records Act or the State Records Act no less than 18 months after the completion of the meeting recorded but only after:
      1. The public body approves the destruction of a particular recording; and,
      2. The public body approves minutes of the closed meeting that have been recorded in the form of audio or video recordings.
   5. Each public body shall periodically, not less than semi-annually, meet to review minutes of all the closed meetings. At such meetings a determination shall be made, and reported in an open session that:
      1. The need for confidentiality still exists as to all or part of those minutes or,
      2. b. That the minutes or portions thereof no longer require confidential treatment and are available for public inspection.
   6. Unless the public body has made a determination that the verbatim recording no longer requires confidential treatment or otherwise consents to disclosure, the verbatim record of the meeting closed to the public shall not be open for public inspection or subject to discovery in any administrative or judicial proceeding other than one brought to enforce the Open Meetings Act.
   7. Minutes of meetings closed to the public shall be available only after the public body determines that it is no longer necessary to protect the public interest or the privacy of an individual by keeping them confidential.
6. ATTENDANCE BY MEANS OTHER THAN PHYSICAL PRESENCE - AS PER 5 ILCS 120/7
   1. If a quorum of members of the public body is physically present as required by Section 2.01, a majority of the public body may allow a member of that body to attend the meeting by video or audio conference if the member is prevented from physically attending because of:
      1. Personal illness or disability;
      2. Employment purposes or the business of the public body; or,
      3. A family or other emergency.
   2. If a member wishes to attend the meeting by video or audio conference the member must notify the recording secretary or clerk of the public body before the meeting unless advance notice is impractical.
   3. A majority of the public body may allow a member to attend the meeting by video or audio conference only in accordance with and to the extent allowed by rules adopted by the public body. The rules must conform to the requirements and restrictions of this Section, may further limit to the extent to which attendance by video or audio conferencing is allowed, and may provide for the giving of additional notice to the public or further facilitate public access to meetings.
   4. The limitations of this Section shall not apply to closed meetings of public bodies with statewide jurisdiction or open or closed meetings of State advisory boards or recommendations or determinations or to take any other substantive action. State advisory boards or bodies and public bodies with statewide jurisdiction, may permit members to attend meetings by video or audio conferencing in accordance with and to the extent allowed by specific procedural rules adopted by the body.
7. ENFORCEMENT OF OPEN MEETINGS ACT - 5 ILCS 120/3
   1. Where provisions of the Open Meetings Act are not complied with, or where there is probable cause to believe they may not be complied with, any person, including the State's Attorney of the County where the noncompliance may occur may bring civil action in the circuit court where the noncompliance has happened or is about to happen; or in the county where the public body's principal office is located,
      1. Within 60 days of the meeting alleged violation occurred, or,
      2. If facts concerning the meeting are not discovered within the 60 days, within 60 days of discovery of the violation by the State's Attorney.
   2. In deciding a case the court may examine in chambers any portion of the minutes of a meeting which the violation is alleged, and may take additional evidence as it deems necessary.
   3. The court may grant such relief as it deems appropriate, including:
      1. An order requiring that a meeting be open to the public;
      2. Granting an injunction against future violations;
      3. Ordering the public body to make available to the public such portion of the minutes of a meeting as is not authorized to be kept confidential; or
      4. Declaring null and void any final action taken at a closed meeting in violation of the Open Meetings Act.
   4. The court may assess against any party, except a State's Attorney, reasonable attorney's fees and other litigation costs reasonably incurred by the other party who substantially prevails in an action. Provided that costs may be assessed against any private party or parties bringing an action only upon the court's determination that the action is malicious or frivolous in nature.
   5. Any person violating the Open Meetings Act shall be guilty of a Class C misdemeanor.