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1 | AN ACT concerning government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Open Meetings Act is amended by changing | |||||||||||||||||||||
5 | Sections 2.02 and 2.06 as follows:
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6 | (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
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7 | Sec. 2.02. Public notice of all meetings, whether open or | |||||||||||||||||||||
8 | closed to
the public, shall be given as follows:
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9 | (a) Every public body shall give public notice
of the | |||||||||||||||||||||
10 | schedule of regular meetings at the beginning of each calendar | |||||||||||||||||||||
11 | or fiscal
year and shall state the regular dates, times, and | |||||||||||||||||||||
12 | places of such meetings.
An agenda for each regular meeting | |||||||||||||||||||||
13 | shall be posted at the principal office of
the public body and | |||||||||||||||||||||
14 | at the location where the meeting is to be held at least 48 | |||||||||||||||||||||
15 | hours in
advance of the holding of the meeting. A public body | |||||||||||||||||||||
16 | that has a website that the full-time staff of the public body | |||||||||||||||||||||
17 | maintains shall also post on its website the agenda of any | |||||||||||||||||||||
18 | regular meetings of the governing body of that public body. Any | |||||||||||||||||||||
19 | agenda of a regular meeting that is posted on a public body's | |||||||||||||||||||||
20 | website shall remain posted on the website until the regular | |||||||||||||||||||||
21 | meeting is concluded. The requirement of a regular
meeting | |||||||||||||||||||||
22 | agenda shall not preclude the consideration of items not | |||||||||||||||||||||
23 | specifically
set forth in the agenda.
Public
notice of any |
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1 | special meeting except a meeting held in the event of a
bona | ||||||
2 | fide emergency, or of any rescheduled regular meeting, or of | ||||||
3 | any
reconvened meeting, shall be given at least 48 hours before | ||||||
4 | such
meeting, which notice shall also include the agenda for | ||||||
5 | the special,
rescheduled,
or reconvened meeting, but the | ||||||
6 | validity of any action taken by the public
body which is | ||||||
7 | germane to a subject on the agenda shall not be affected by
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8 | other errors or omissions in the agenda. The requirement
of | ||||||
9 | public notice of reconvened meetings does
not apply to any case | ||||||
10 | where the meeting was open to the public and (1)
it is to be | ||||||
11 | reconvened within 24 hours, or (2) an announcement of
the time | ||||||
12 | and place of the reconvened meeting was
made at the original | ||||||
13 | meeting and there is no change in the agenda. Notice
of an | ||||||
14 | emergency meeting shall be given as soon as practicable, but in | ||||||
15 | any
event prior to the holding of such meeting, to any news | ||||||
16 | medium which has
filed an annual request for notice under | ||||||
17 | subsection (b) of this Section.
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18 | (b) Public notice shall be given by posting a copy of the | ||||||
19 | notice at the
principal office of the body holding the meeting | ||||||
20 | or, if no such office exists,
at the building in which the | ||||||
21 | meeting
is to be held. In addition, a public body that has a | ||||||
22 | website that the full-time staff of the public body maintains | ||||||
23 | shall post notice on its website of all meetings of the | ||||||
24 | governing body of the public body. Any notice of an annual | ||||||
25 | schedule of meetings shall remain on the website until a new | ||||||
26 | public notice of the schedule of regular meetings is approved. |
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1 | Any notice of a regular meeting that is posted on a public | ||||||
2 | body's website shall remain posted on the website until the | ||||||
3 | regular meeting is concluded. The body shall supply copies of | ||||||
4 | the notice of its regular
meetings, and of the notice of any | ||||||
5 | special,
emergency, rescheduled or reconvened meeting, to any | ||||||
6 | news medium
that has filed an annual request for such notice. | ||||||
7 | Any such news
medium shall also be given the same notice of all | ||||||
8 | special,
emergency, rescheduled or reconvened meetings in the | ||||||
9 | same manner as
is given to members of the body provided such | ||||||
10 | news medium has given the
public body an address or telephone | ||||||
11 | number within the territorial jurisdiction
of the public body | ||||||
12 | at which such notice may be given. The failure of a public body | ||||||
13 | to post on its website notice of any meeting or the agenda of | ||||||
14 | any meeting shall not invalidate any meeting or any actions | ||||||
15 | taken at a meeting.
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16 | (c) Any agenda required under this Section shall set forth | ||||||
17 | the general subject matter of any resolution or ordinance that | ||||||
18 | will be the subject of final action at the meeting. The public | ||||||
19 | body conducting a public meeting shall ensure that at least one | ||||||
20 | copy of any requested notice and agenda for the meeting is | ||||||
21 | continuously available for public review during the entire | ||||||
22 | 48-hour period preceding the meeting. Posting of the notice and | ||||||
23 | agenda on a website that is maintained by the public body | ||||||
24 | satisfies the requirement for continuous posting under this | ||||||
25 | subsection (c). If a notice or agenda is not continuously | ||||||
26 | available for the full 48-hour period due to actions outside of |
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1 | the control of the public body, then that lack of availability | ||||||
2 | does not invalidate any meeting or action taken at a meeting. | ||||||
3 | (Source: P.A. 97-827, eff. 1-1-13.)
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4 | (5 ILCS 120/2.06) (from Ch. 102, par. 42.06) | ||||||
5 | Sec. 2.06. Minutes; right to speak. | ||||||
6 | (a) All public bodies shall keep written minutes of all | ||||||
7 | their
meetings, whether open or closed,
and a verbatim
record | ||||||
8 | of all their closed meetings in the form of an audio or video | ||||||
9 | recording.
Minutes
shall include, but need not be limited to: | ||||||
10 | (1) the date, time and place of the meeting; | ||||||
11 | (2) the members of the public body recorded as either | ||||||
12 | present or absent and whether the members were physically | ||||||
13 | present or present by means of video or audio conference;
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14 | and | ||||||
15 | (3) a summary of discussion on all matters proposed, | ||||||
16 | deliberated,
or decided, and a record of any votes taken. | ||||||
17 | (b) A public body shall approve the minutes of its open | ||||||
18 | meeting within 30 days after that meeting or at the public | ||||||
19 | body's second subsequent regular meeting, whichever is later. | ||||||
20 | The minutes of meetings open to the public shall be available | ||||||
21 | for
public inspection within 10 days after the approval of such | ||||||
22 | minutes by the public
body. Beginning July 1, 2006, at the time | ||||||
23 | it complies with the other requirements of this subsection, a | ||||||
24 | public body that has a website that the full-time staff of the | ||||||
25 | public body maintains shall post the minutes of a regular |
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1 | meeting of its governing body open to the public on the public | ||||||
2 | body's website within 10 days after the approval of the minutes | ||||||
3 | by the public body. Beginning July 1, 2006, any minutes of | ||||||
4 | meetings open to the public posted on the public body's website | ||||||
5 | shall remain posted on the website for at least 60 days after | ||||||
6 | their initial posting.
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7 | (c) The verbatim record may be destroyed without | ||||||
8 | notification to or the
approval of a records commission or the | ||||||
9 | State Archivist under the Local Records
Act or the State | ||||||
10 | Records Act no less than 18 months after the completion of the
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11 | meeting recorded but only after: | ||||||
12 | (1) the public body
approves the destruction of a | ||||||
13 | particular recording; and | ||||||
14 | (2) the public body approves minutes of the closed | ||||||
15 | meeting that meet the
written minutes requirements of | ||||||
16 | subsection (a) of this Section. | ||||||
17 | (d) Each public body shall periodically, but no less than
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18 | semi-annually,
meet to review minutes of all closed meetings. | ||||||
19 | At such
meetings a determination shall be made, and reported in | ||||||
20 | an open session that
(1) the need for confidentiality still | ||||||
21 | exists as to all or part of those
minutes or (2) that the | ||||||
22 | minutes or portions thereof no
longer require
confidential
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23 | treatment and are available for public inspection. The failure | ||||||
24 | of a public body to strictly comply with the semi-annual review | ||||||
25 | of closed session written minutes, whether before or after the | ||||||
26 | effective date of this amendatory Act of the 94th General |
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1 | Assembly, shall not cause the written minutes or related | ||||||
2 | verbatim record to become public or available for inspection in | ||||||
3 | any judicial proceeding, other than a proceeding involving an | ||||||
4 | alleged violation of this Act, if the public body, within 60 | ||||||
5 | days of discovering its failure to strictly comply with the | ||||||
6 | technical requirements of this subsection, reviews the closed | ||||||
7 | session minutes and determines and thereafter reports in open | ||||||
8 | session that either (1) the need for confidentiality still | ||||||
9 | exists as to all or part of the minutes or verbatim record, or | ||||||
10 | (2) that the minutes or recordings or portions thereof no | ||||||
11 | longer require confidential treatment and are available for | ||||||
12 | public inspection. | ||||||
13 | (e) Unless the public body has made a determination that | ||||||
14 | the verbatim
recording no longer requires confidential | ||||||
15 | treatment or otherwise consents to
disclosure, the verbatim | ||||||
16 | record of a meeting closed to the public shall not be
open for | ||||||
17 | public inspection or subject to discovery in any administrative
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18 | or judicial proceeding other than one brought to enforce this | ||||||
19 | Act. In the case of a civil
action brought to enforce this Act, | ||||||
20 | the court, if the judge believes such an examination is | ||||||
21 | necessary, must conduct such in camera
examination of the | ||||||
22 | verbatim record as it finds appropriate in order to
determine | ||||||
23 | whether there has been a violation of this Act. In the case of | ||||||
24 | a
criminal proceeding, the court may conduct an
examination in | ||||||
25 | order to
determine what portions, if any, must be made | ||||||
26 | available to the parties for use
as evidence in the |
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1 | prosecution. Any such initial inspection must be held in | ||||||
2 | camera. If the court
determines that a complaint or suit | ||||||
3 | brought for noncompliance under this Act
is valid it may, for | ||||||
4 | the purposes of discovery, redact from the minutes of the
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5 | meeting closed to the public any information deemed to qualify | ||||||
6 | under the
attorney-client privilege. The provisions of this | ||||||
7 | subsection do not supersede
the privacy or confidentiality | ||||||
8 | provisions of State or federal law. | ||||||
9 | (f) Minutes of meetings closed to the public shall be | ||||||
10 | available only after
the public body determines that it is no | ||||||
11 | longer necessary to protect the public
interest or the privacy | ||||||
12 | of an individual by keeping them confidential. | ||||||
13 | (g) Any person shall be permitted an opportunity to address | ||||||
14 | public officials under the rules established and recorded by | ||||||
15 | the public body. | ||||||
16 | (Source: P.A. 96-1473, eff. 1-1-11.)
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