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1 | | earnings or a lump-sum payment, that: |
2 | | (1) would be made by a participating employer to a |
3 | | participating employee after the employee has expressed to |
4 | | the employer his or her intent to retire or withdraw from |
5 | | service; |
6 | | (2) would have the effect of increasing the employee's |
7 | | reportable monthly earnings from that employer by more than |
8 | | 6% compared to the previous month; and |
9 | | (3) would be made between 12 months and 90 days prior |
10 | | to the employee's expected termination of service. |
11 | | However, "disclosable payment" does not include a refund of |
12 | | contributions or any payment required to be paid by State or |
13 | | federal law. |
14 | | (c) A disclosable payment shall not be made or payable |
15 | | unless the governing body of that participating employer has |
16 | | first discussed the specific payment to be made at a meeting |
17 | | open to the public and posted and held in accordance with the |
18 | | requirements of the Open Meetings Act. At the meeting, the |
19 | | governing body shall, at a minimum, disclose (1) the identity |
20 | | of the employee, (2) the purpose and amount of the increase or |
21 | | payment, (3) the proposed retirement date, (4) the effect of |
22 | | the payment upon the expected retirement annuity of the |
23 | | employee, and (5) the effect of the payment upon the liability |
24 | | of the employer to the Article 7 Fund. |
25 | | (d) The determination of whether the disclosable payment is |
26 | | permissible under this Section shall rest exclusively with the |
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1 | | employer. |
2 | | (e) A participating employer may not make a disclosable |
3 | | payment to an employee in a manner inconsistent with this |
4 | | Section. This Section is a denial and limitation of home rule |
5 | | powers and functions under subsection (h) of Section 6 of |
6 | | Article VII of the Illinois Constitution. |
7 | | Section 90. The Open Meetings Act is amended by changing |
8 | | Section 2 as follows:
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9 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
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10 | | Sec. 2. Open meetings.
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11 | | (a) Openness required. All meetings of public
bodies shall |
12 | | be open to the public unless excepted in subsection (c)
and |
13 | | closed in accordance with Section 2a.
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14 | | (b) Construction of exceptions. The exceptions contained |
15 | | in subsection
(c) are in derogation of the requirement that |
16 | | public bodies
meet in the open, and therefore, the exceptions |
17 | | are to be strictly
construed, extending only to subjects |
18 | | clearly within their scope.
The exceptions authorize but do not |
19 | | require the holding of
a closed meeting to discuss a subject |
20 | | included within an enumerated exception.
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21 | | (c) Exceptions. A public body may hold closed meetings to |
22 | | consider the
following subjects:
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23 | | (1) The appointment, employment, compensation, |
24 | | discipline, performance,
or dismissal of specific |
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1 | | employees of the public body or legal counsel for
the |
2 | | public body, including hearing
testimony on a complaint |
3 | | lodged against an employee of the public body or
against |
4 | | legal counsel for the public body to determine its |
5 | | validity. However, a meeting to consider an increase in |
6 | | compensation to a specific employee of a public body that |
7 | | is subject to the Local Government Wage Increase |
8 | | Transparency Act may not be closed and shall be open to the |
9 | | public and posted and held in accordance with this Act.
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10 | | (2) Collective negotiating matters between the public |
11 | | body and its
employees or their representatives, or |
12 | | deliberations concerning salary
schedules for one or more |
13 | | classes of employees.
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14 | | (3) The selection of a person to fill a public office,
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15 | | as defined in this Act, including a vacancy in a public |
16 | | office, when the public
body is given power to appoint |
17 | | under law or ordinance, or the discipline,
performance or |
18 | | removal of the occupant of a public office, when the public |
19 | | body
is given power to remove the occupant under law or |
20 | | ordinance.
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21 | | (4) Evidence or testimony presented in open hearing, or |
22 | | in closed
hearing where specifically authorized by law, to
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23 | | a quasi-adjudicative body, as defined in this Act, provided |
24 | | that the body
prepares and makes available for public |
25 | | inspection a written decision
setting forth its |
26 | | determinative reasoning.
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1 | | (5) The purchase or lease of real property for the use |
2 | | of
the public body, including meetings held for the purpose |
3 | | of discussing
whether a particular parcel should be |
4 | | acquired.
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5 | | (6) The setting of a price for sale or lease of |
6 | | property owned
by the public body.
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7 | | (7) The sale or purchase of securities, investments, or |
8 | | investment
contracts. This exception shall not apply to the |
9 | | investment of assets or income of funds deposited into the |
10 | | Illinois Prepaid Tuition Trust Fund.
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11 | | (8) Security procedures, school building safety and |
12 | | security, and the use of personnel and
equipment to respond |
13 | | to an actual, a threatened, or a reasonably
potential |
14 | | danger to the safety of employees, students, staff, the |
15 | | public, or
public
property.
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16 | | (9) Student disciplinary cases.
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17 | | (10) The placement of individual students in special |
18 | | education
programs and other matters relating to |
19 | | individual students.
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20 | | (11) Litigation, when an action against, affecting or |
21 | | on behalf of the
particular public body has been filed and |
22 | | is pending before a court or
administrative tribunal, or |
23 | | when the public body finds that an action is
probable or |
24 | | imminent, in which case the basis for the finding shall be
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25 | | recorded and entered into the minutes of the closed |
26 | | meeting.
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1 | | (12) The establishment of reserves or settlement of |
2 | | claims as provided
in the Local Governmental and |
3 | | Governmental Employees Tort Immunity Act, if
otherwise the |
4 | | disposition of a claim or potential claim might be
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5 | | prejudiced, or the review or discussion of claims, loss or |
6 | | risk management
information, records, data, advice or |
7 | | communications from or with respect
to any insurer of the |
8 | | public body or any intergovernmental risk management
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9 | | association or self insurance pool of which the public body |
10 | | is a member.
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11 | | (13) Conciliation of complaints of discrimination in |
12 | | the sale or rental
of housing, when closed meetings are |
13 | | authorized by the law or ordinance
prescribing fair housing |
14 | | practices and creating a commission or
administrative |
15 | | agency for their enforcement.
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16 | | (14) Informant sources, the hiring or assignment of |
17 | | undercover personnel
or equipment, or ongoing, prior or |
18 | | future criminal investigations, when
discussed by a public |
19 | | body with criminal investigatory responsibilities.
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20 | | (15) Professional ethics or performance when |
21 | | considered by an advisory
body appointed to advise a |
22 | | licensing or regulatory agency on matters
germane to the |
23 | | advisory body's field of competence.
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24 | | (16) Self evaluation, practices and procedures or |
25 | | professional ethics,
when meeting with a representative of |
26 | | a statewide association of which the
public body is a |
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1 | | member.
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2 | | (17) The recruitment, credentialing, discipline or |
3 | | formal peer review
of physicians or other
health care |
4 | | professionals for a hospital, or
other institution |
5 | | providing medical care, that is operated by the public |
6 | | body.
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7 | | (18) Deliberations for decisions of the Prisoner |
8 | | Review Board.
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9 | | (19) Review or discussion of applications received |
10 | | under the
Experimental Organ Transplantation Procedures |
11 | | Act.
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12 | | (20) The classification and discussion of matters |
13 | | classified as
confidential or continued confidential by |
14 | | the State Government Suggestion Award
Board.
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15 | | (21) Discussion of minutes of meetings lawfully closed |
16 | | under this Act,
whether for purposes of approval by the |
17 | | body of the minutes or semi-annual
review of the minutes as |
18 | | mandated by Section 2.06.
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19 | | (22) Deliberations for decisions of the State
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20 | | Emergency Medical Services Disciplinary
Review Board.
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21 | | (23) The operation by a municipality of a municipal |
22 | | utility or the
operation of a
municipal power agency or |
23 | | municipal natural gas agency when the
discussion involves |
24 | | (i) contracts relating to the
purchase, sale, or delivery |
25 | | of electricity or natural gas or (ii) the results
or |
26 | | conclusions of load forecast studies.
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1 | | (24) Meetings of a residential health care facility |
2 | | resident sexual
assault and death review
team or
the |
3 | | Executive
Council under the Abuse Prevention Review
Team |
4 | | Act.
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5 | | (25) Meetings of an independent team of experts under |
6 | | Brian's Law. |
7 | | (26) Meetings of a mortality review team appointed |
8 | | under the Department of Juvenile Justice Mortality Review |
9 | | Team Act. |
10 | | (27) (Blank). |
11 | | (28) Correspondence and records (i) that may not be |
12 | | disclosed under Section 11-9 of the Public Aid Code or (ii) |
13 | | that pertain to appeals under Section 11-8 of the Public |
14 | | Aid Code. |
15 | | (29) Meetings between internal or external auditors |
16 | | and governmental audit committees, finance committees, and |
17 | | their equivalents, when the discussion involves internal |
18 | | control weaknesses, identification of potential fraud risk |
19 | | areas, known or suspected frauds, and fraud interviews |
20 | | conducted in accordance with generally accepted auditing |
21 | | standards of the United States of America. |
22 | | (30) Those meetings or portions of meetings of a |
23 | | fatality review team or the Illinois Fatality Review Team |
24 | | Advisory Council during which a review of the death of an |
25 | | eligible adult in which abuse or neglect is suspected, |
26 | | alleged, or substantiated is conducted pursuant to Section |
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1 | | 15 of the Adult Protective Services Act. |
2 | | (31) Meetings and deliberations for decisions of the |
3 | | Concealed Carry Licensing Review Board under the Firearm |
4 | | Concealed Carry Act. |
5 | | (32) Meetings between the Regional Transportation |
6 | | Authority Board and its Service Boards when the discussion |
7 | | involves review by the Regional Transportation Authority |
8 | | Board of employment contracts under Section 28d of the |
9 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
10 | | 3B.26 of the Regional Transportation Authority Act. |
11 | | (33) Those meetings meeting or portions of meetings of |
12 | | the advisory committee and peer review subcommittee |
13 | | created under Section 320 of the Illinois Controlled |
14 | | Substances Act during which specific controlled substance |
15 | | prescriber, dispenser, or patient information is |
16 | | discussed. |
17 | | (d) Definitions. For purposes of this Section:
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18 | | "Employee" means a person employed by a public body whose |
19 | | relationship
with the public body constitutes an |
20 | | employer-employee relationship under
the usual common law |
21 | | rules, and who is not an independent contractor.
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22 | | "Public office" means a position created by or under the
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23 | | Constitution or laws of this State, the occupant of which is |
24 | | charged with
the exercise of some portion of the sovereign |
25 | | power of this State. The term
"public office" shall include |
26 | | members of the public body, but it shall not
include |
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1 | | organizational positions filled by members thereof, whether
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2 | | established by law or by a public body itself, that exist to |
3 | | assist the
body in the conduct of its business.
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4 | | "Quasi-adjudicative body" means an administrative body |
5 | | charged by law or
ordinance with the responsibility to conduct |
6 | | hearings, receive evidence or
testimony and make |
7 | | determinations based
thereon, but does not include
local |
8 | | electoral boards when such bodies are considering petition |
9 | | challenges.
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10 | | (e) Final action. No final action may be taken at a closed |
11 | | meeting.
Final action shall be preceded by a public recital of |
12 | | the nature of the
matter being considered and other information |
13 | | that will inform the
public of the business being conducted.
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14 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, |
15 | | eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; |
16 | | 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; |
17 | | revised 10-14-15.)
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18 | | Section 99. Effective date. This Act takes effect upon |
19 | | becoming law.".
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