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A CITIZEN'S GUIDE TO THE ILLINOIS OPEN MEETINGS ACT

• What is a Meeting?
• What Does It Mean To Be Open?
• Can I Record A Meeting
• Minutes of Meetings and Written Minutes
• When May A Public Body Close a Meeting or Hold An Executive Session
• What Should You Do If You Suspect A Violation of the Open Meetings Act

What is a meeting?

 

A meeting is "any gathering of a majority of a quorum of a public body for the purpose of discussing public business," including informal or unofficial meetings. Thus, if three people of a five-person board discuss business on the telephone, the discussion is subject to the terms of the Act.

 

THE OPEN MEETINGS ACT APPLIES TO PUBLIC BODIES. Public bodies include all "legislative, executive, administrative, or advisory bodies of the state" along with agencies, committees, boards, municipalities, city councils, village boards, and school districts, including, but not limited to, any subsidiary body or subcommittee supported by or expending tax revenue.

 

The General Assembly and its committees and commissions are exempt from the Act, but the Illinois Constitution requires that legislative meetings be open to the public unless two-thirds of the members vote to close a meeting. The Act gives citizens the right to be present to observe government meetings, except in limited circumstances designed to protect the public interest or personal privacy concerns. Although citizens do not have the right to speak at the meetings, most public bodies hold a public comment session during the meetings.

 

What does it mean to be open?

 

PUBLIC NOTICE -

Public bodies are required to give notice of their regularly scheduled meetings by making public a schedule of their regular dates, times, and places of meetings. Notice must be given at the beginning of each calendar or fiscal year by posting a copy of the notice at the principal office of the body holding the meeting and at the location of the meeting.

 

Notice must be given to the public as well any news medium that files an annual request. The public body must also post an agenda at least 48 hours prior to each regular meeting. Should there be any permanent changes to regularly-scheduled meetings, the public body must give notice at least 10 days before the meeting by publication in a newspaper of general circulation in the area.

 

The public body may post notice of any changes at the principal office of the public body, the building where the meeting is held, or in any news medium that files an annual request. For special meetings, public bodies must give notice at least 48 hours before such meetings. Special meetings include a rescheduled regular meeting or a reconvened regular meeting. Notice of an emergency meeting shall be given as soon as practicable prior to the holding of the meeting.

 

Agendas must give the public sufficient notice of resolutions which are to be decided. A general heading, such as, "New Business" is not considered sufficient notice of decision-making. It is acceptable to introduce or discuss a resolution not specifically listed on the posted agenda so long as no final action is taken.

 

RECORDING

 

Any person may record the proceedings at open meetings; however, the public body holding the meeting may prescribe reasonable rules to govern the recording . The proceedings may be recorded by tape, film, or other means.

 

WRITTEN MINUTES

 

All public bodies must also keep written minutes of their meetings, whether open or closed. The written minutes must include the date, time, and place of the meeting; whether the members of the public body were present or absent; and a "summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes taken." Minutes are open to the public within 7 days of the public body's approval of such minutes. Public bodies must also review minutes from closed meetings at least every six months to make a determination in open session of whether those minutes still require confidentiality.

 

WHEN MAY A PUBLIC BODY CLOSE A MEETING OR HOLD AN EXECUTIVE SESSION?

 

Public bodies may hold closed meetings provided that they state in an open session the reasons for holding a closed session. A majority of a quorum present during an open session must also vote to close the meeting. Public bodies may, but are not required to hold closed meetings concerning:

 

EMPLOYMENT MATTERS

(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, 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.

 

LAND/INVESTMENT DEALS

(4) The purchase or lease of real property for the use of the public body.

(5) The setting of a price for sale or lease of property owned by the public body.

(6) The sale or purchase of securities, investments, or investment contracts.

 

SECURITY MATTERS

(7) Emergency security procedures and the use of personnel and equipment to respond to actual danger to the safety of employees, students, staff or public property, provided that a description of the actual danger shall be made a part of the motion to close the meeting.

(8) Informant sources, the hiring or assignment of undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities.

 

STUDENT RECORDS

(9) Student disciplinary cases.

(10) The placement of individual students in special education programs and other matters relating to individual students.

 

LITIGATION/LEGAL CLAIMS

(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, or 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) Evidence or testimony present in open hearing, or in closed hearing where 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.

 

OTHER EXCEPTIONS

(14) Conciliation of complaints of discrimination in the sale or rental of housing, when closed meetings are authorized by the law or ordinance prescribing fair housing practices and creating a commission or administrative agency for their enforcement.

(15) 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.

(16) 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.

(17) The recruitment, credentialling, discipline or formal peer review of physicians or other health care professionals for a hospital, or other institution providing medical care, that is operated by the public body.

(18) Deliberations for decisions of the Prisoner Review Board.

(19) Review or discussion of applications received under the Experimental Organ Transplantation Procedures Act.

(20) The classification and discussion of matters classified as confidential or continued confidential by the State Employees Suggestion Award Board.

(21) 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.

(22) Deliberations for decisions of the State Emergency Medical Services Disciplinary Review Board.

(23) The operation by a municipality of a municipal utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves (I) contracts relating to the purchase, sale or delivery of electricity or natural gas or (ii) the results or conclusions of load forecast studies.

 

THE PUBLIC BODY MUST STATE IN OPEN SESSION WHY IT HAS CLOSED THE MEETING AND MUST TAKE ALL FINAL ACTIONS IN OPEN SESSION

 

WHAT SHOULD YOU DO IF YOU SUSPECT A VIOLATION OF THE OPEN MEETINGS ACT?

 

If you are present at a meeting that has been improperly convened-without public notice-or is not being recorded-in violation of the Act, you should raise this matter with the public body and insist that they comply with the terms of the Act. If you suspect a violation of the Open Meetings Act has occurred, you may also file a complaint with the State's Attorney in the county where the incident occurred or where the public body's principal office is located within 60 days of the alleged violation. If the alleged violation is not discovered within the 60 day period, the State's Attorney may bring an action within 60 days of discovery.

 

You may request a complaint form in person, by mail, or by phone. In DuPage County: Office of the State's Attorney 505 North County Farm Road Wheaton, Illinois 60187 Attention: Complaints (630) 682-7050

 

Any individual, not just the State's Attorney, may bring an action in the local circuit court to enforce the terms of the Act prior to the anticipated violation, or within 60 days after the meeting during which the violation has occurred. The court may assess attorneys' fees against the losing party. Violation of the Open Meetings Act is a criminal offense, punishable by a fine and imprisonment.

 

Remedies

 

Upon finding a violation of the Open Meetings Act, a court may prescribe various remedies. For example, the court may, as fairness and justice require:

· open the closed meeting to the public

· issue an injunction to prevent future violations

· make public any matter held confidential during a wrongfully closed session

· void any final action taken during a wrongfully closed session

 

Where to find more information

 

This brochure is a summary of the Illinois Open Meetings Act. To view the Act in its entirety, please refer to the actual legislation at 5 Illinois Compiled Statutes 120/1 et. seq.

 

The Citizen Advocacy Center, a nonpartisan, 501©(3), non-profit organization, is dedicated to building democracy for the 21st Century by strengthening the public's capacities, resources, and institutions for self-government. If you are interested in more information, becoming a volunteer, or making a tax-deductible contribution to the Center, please feel free to contact us at: P.O. Box 420 Elmhurst, IL 60126-0420 (630) 833-4080 Fax: (630) 833-4083

 

© Copyright 1996 Citizen Advocacy Center. All rights reserved. No part of this pamphlet may be reproduced in any form or by any means without the prior, written permission of the Citizen Advocacy Center.