093_HB3325eng

 
HB3325 Engrossed                     LRB093 07254 JAM 07412 b

 1        AN ACT concerning public bodies.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Open Meetings Act is amended by  changing
 5    Section 2 as follows:

 6        (5 ILCS 120/2) (from Ch. 102, par. 42)
 7        Sec. 2.  Open meetings.
 8        (a)  Openness  required.   All  meetings of public bodies
 9    shall be open to the public unless excepted in subsection (c)
10    and closed in accordance with Section 2a.
11        (b)  Construction   of   exceptions.    The    exceptions
12    contained   in  subsection  (c)  are  in  derogation  of  the
13    requirement  that  public  bodies  meet  in  the  open,   and
14    therefore,  the  exceptions  are  to  be  strictly construed,
15    extending only to subjects clearly within their scope.    The
16    exceptions  authorize  but  do  not  require the holding of a
17    closed meeting  to  discuss  a  subject  included  within  an
18    enumerated exception.
19        (c)  Exceptions.   A public body may hold closed meetings
20    to consider the following subjects:
21             (1)  The  appointment,   employment,   compensation,
22        discipline,   performance,   or   dismissal  of  specific
23        employees of the public body or  legal  counsel  for  the
24        public  body,  including hearing testimony on a complaint
25        lodged against an employee of the public body or  against
26        legal  counsel  for  the  public  body  to  determine its
27        validity.
28             (2)  Collective  negotiating  matters  between   the
29        public  body  and its employees or their representatives,
30        or deliberations concerning salary schedules for  one  or
31        more classes of employees.

 
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 1             (3)  The  selection  of  a  person  to fill a public
 2        office, as defined in this Act, including a vacancy in  a
 3        public  office,  when  the  public body is given power to
 4        appoint  under  law  or  ordinance,  or  the  discipline,
 5        performance or  removal  of  the  occupant  of  a  public
 6        office, when the public body is given power to remove the
 7        occupant under law or ordinance.
 8             (4)  Evidence   or   testimony   presented  in  open
 9        hearing,  or  in  closed   hearing   where   specifically
10        authorized  by  law,  to  a  quasi-adjudicative  body, as
11        defined in this Act, provided that the body prepares  and
12        makes  available for public inspection a written decision
13        setting forth its determinative reasoning.
14             (5)  The purchase or lease of real property for  the
15        use  of  the public body, including meetings held for the
16        purpose of discussing whether a particular parcel  should
17        be acquired.
18             (6)  The  setting  of  a  price for sale or lease of
19        property owned by the public body.
20             (7)  The   sale   or   purchase    of    securities,
21        investments, or investment contracts.
22             (8)  Security  procedures  and  the use of personnel
23        and equipment to respond to an actual, a threatened, or a
24        reasonably potential danger to the safety  of  employees,
25        students, staff or public property.
26             (9)  Student disciplinary cases.
27             (10)  The   placement   of  individual  students  in
28        special education programs and other matters relating  to
29        individual students.
30             (11)  Litigation,  when an action against, affecting
31        or on behalf of the particular public body has been filed
32        and is pending before a court or administrative tribunal,
33        or when the public body finds that an action is  probable
34        or  imminent,  in  which  case  the basis for the finding
 
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 1        shall be recorded and entered into  the  minutes  of  the
 2        closed meeting.
 3             (12)  The establishment of reserves or settlement of
 4        claims   as   provided  in  the  Local  Governmental  and
 5        Governmental Employees Tort Immunity  Act,  if  otherwise
 6        the  disposition  of  a claim or potential claim might be
 7        prejudiced, or the review or discussion of  claims,  loss
 8        or  risk management information, records, data, advice or
 9        communications from or with respect to any insurer of the
10        public body  or  any  intergovernmental  risk  management
11        association  or  self  insurance pool of which the public
12        body is a member.
13             (13)  Conciliation of complaints  of  discrimination
14        in  the  sale  or rental of housing, when closed meetings
15        are authorized by the law or ordinance  prescribing  fair
16        housing   practices   and   creating   a   commission  or
17        administrative agency for their enforcement.
18             (14)  Informant sources, the hiring or assignment of
19        undercover personnel or equipment, or ongoing,  prior  or
20        future  criminal  investigations,  when  discussed  by  a
21        public body with criminal investigatory responsibilities.
22             (15)  Professional   ethics   or   performance  when
23        considered by an advisory  body  appointed  to  advise  a
24        licensing  or regulatory agency on matters germane to the
25        advisory body's field of competence.
26             (16)  Self evaluation, practices and  procedures  or
27        professional  ethics,  when meeting with a representative
28        of a statewide association of which the public body is  a
29        member.
30             (17)  The  recruitment, credentialing, discipline or
31        formal peer review of physicians  or  other  health  care
32        professionals   for  a  hospital,  or  other  institution
33        providing medical care, that is operated  by  the  public
34        body.
 
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 1             (18)  Deliberations  for  decisions  of the Prisoner
 2        Review Board.
 3             (19)  Review or discussion of applications  received
 4        under  the  Experimental Organ Transplantation Procedures
 5        Act.
 6             (20)  The classification and discussion  of  matters
 7        classified  as  confidential or continued confidential by
 8        the State Employees Suggestion Award Board.
 9             (21)  Discussion of  minutes  of  meetings  lawfully
10        closed  under  this Act, whether for purposes of approval
11        by the body of the minutes or semi-annual review  of  the
12        minutes as mandated by Section 2.06.
13             (22)  Deliberations   for  decisions  of  the  State
14        Emergency Medical Services Disciplinary Review Board.
15             (23)  The operation by a municipality of a municipal
16        utility or the operation of a municipal power  agency  or
17        municipal natural gas agency when the discussion involves
18        (i) contracts relating to the purchase, sale, or delivery
19        of  electricity  or  natural  gas  or (ii) the results or
20        conclusions of load forecast studies.
21        (d)  Definitions.  For purposes of this Section:
22        "Employee" means a person employed by a public body whose
23    relationship   with   the   public   body   constitutes    an
24    employer-employee  relationship  under  the  usual common law
25    rules, and who is not an independent contractor.
26        "Public office" means a position created by or under  the
27    Constitution  or laws of this State, the occupant of which is
28    charged with the exercise of some portion  of  the  sovereign
29    power  of  this State. The term "public office" shall include
30    members  of  the  public  body,  but  it  shall  not  include
31    organizational positions filled by members  thereof,  whether
32    established  by law or by a public body itself, that exist to
33    assist the body in the conduct of its business.
34        "Quasi-adjudicative body" means  an  administrative  body
 
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 1    charged  by  law  or  ordinance  with  the  responsibility to
 2    conduct hearings, receive  evidence  or  testimony  and  make
 3    determinations  based  thereon,  but  does  not include local
 4    electoral boards when such bodies  are  considering  petition
 5    challenges.
 6        (e)  Final  action.   No  final  action may be taken at a
 7    closed meeting. Final action shall be preceded  by  a  public
 8    recital  of  the  nature  of  the matter being considered and
 9    other information that will inform the public of the business
10    being conducted.
11    (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)

12        Section 99.  Effective date.  This Act takes effect  July
13    1, 2003.