(5 ILCS 120/3) (from Ch. 102, par. 43)
Sec. 3.
(a) Where the provisions of this Act are not complied with, or
where there is probable cause to believe that the provisions of this Act
will not be complied with, any person, including the State's Attorney
of the county in which such noncompliance
may occur, may bring a civil action in the circuit court for the judicial
circuit in which the alleged noncompliance has occurred or is about to occur,
or in which the affected public body has its principal office, prior to
or within 60 days of the meeting alleged to be in
violation of this Act or, if facts concerning the meeting are not discovered
within the 60-day period,
within 60 days of the discovery of a violation by the State's
Attorney or, if the person timely files a request for review under Section 3.5, within 60 days of the decision by the Attorney General to resolve a request for review by a means other than the issuance of a binding opinion under subsection (e) of Section 3.5.
Records that are obtained by a State's Attorney from a public body for purposes of reviewing whether the public body has complied with this Act may not be disclosed to the public. Those records, while in the possession of the State's Attorney, are exempt from disclosure under the Freedom of Information Act. (b) In deciding such a case the court may examine in camera any portion
of the minutes of a meeting at which a violation of the Act is alleged to
have occurred, and may take such additional evidence as it deems necessary.
(c) The court, having due regard for orderly administration and the public
interest, as well as for the interests of the parties, may grant such
relief as it deems appropriate, including granting a relief
by mandamus requiring that a meeting be open
to the public, granting an injunction against future violations of this
Act, 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 under this Act, or declaring null and
void any final action taken at a closed meeting in violation of this Act.
(d) The court may assess against any party, except a State's Attorney,
reasonable attorney's fees and other litigation costs reasonably incurred
by any other party who substantially prevails in any action brought in
accordance with this Section, provided that costs may be assessed against
any private party or parties bringing an action pursuant to this Section
only upon the court's determination that the action is malicious or frivolous
in nature.
(Source: P.A. 99-714, eff. 8-5-16.)
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