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(5 ILCS 120/2)
(from Ch. 102, par. 42)
(a) Openness required. All meetings of public
bodies shall be open to the public unless excepted in subsection (c)
and closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained in subsection
(c) are in derogation of the requirement that public bodies
meet in the open, and therefore, the exceptions are to be strictly
construed, extending only to subjects clearly within their scope.
The exceptions authorize but do not require the holding of
a closed meeting to discuss a subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to consider the
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. However, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with this Act.
(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 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.
(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. This exception shall not apply to the investment of assets or income of funds deposited into the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, 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, the public, 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) 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.
(14) 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.
(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, credentialing, discipline or
formal peer review of physicians or other health care professionals, or for the discussion of matters protected under the federal Patient Safety and Quality Improvement Act of 2005, and the regulations promulgated thereunder, including 42 C.F.R. Part 3 (73 FR 70732), or the federal Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including 45 C.F.R. Parts 160, 162, and 164, by a hospital, or other institution providing medical care, that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
(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 Government 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 as mandated by Section 2.06.
(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.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
(25) Meetings of an independent team of experts under
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review Team Act.
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team Advisory Council during which a review of the death of an eligible adult in which abuse or neglect is suspected, alleged, or substantiated is conducted pursuant to Section 15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion involves review by the Regional Transportation Authority Board of employment contracts under Section 28d of the Metropolitan Transit Authority Act and Sections 3A.18 and 3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created under Section 320 of the Illinois Controlled Substances Act during which specific controlled substance prescriber, dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the Illinois Public Aid Code.
(d) Definitions. For purposes of this Section:
"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.
"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.
"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, but does not include
local electoral boards when such bodies are considering petition challenges.
(e) Final action. No final action may be taken at a closed meeting.
Final action shall be preceded by a public recital of the nature of the
matter being considered and other information that will inform the
public of the business being conducted.
(Source: P.A. 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff. 1-1-17; 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; 100-646, eff. 7-27-18.)