Illinois General Assembly - Full Text of SB0663
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Full Text of SB0663  99th General Assembly


Sen. David Koehler

Filed: 3/3/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 663 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Open Meetings Act is amended by changing
5Section 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 shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject



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1included within an enumerated exception.
2    (c) Exceptions. A public body may hold closed meetings to
3consider the following subjects:
4        (1) The appointment, employment, compensation,
5    discipline, performance, or dismissal of specific
6    employees of the public body or legal counsel for the
7    public body, including hearing testimony on a complaint
8    lodged against an employee of the public body or against
9    legal counsel for the public body to determine its
10    validity.
11        (2) Collective negotiating matters between the public
12    body and its employees or their representatives, or
13    deliberations concerning salary schedules for one or more
14    classes of employees.
15        (3) The selection of a person to fill a public office,
16    as defined in this Act, including a vacancy in a public
17    office, when the public body is given power to appoint
18    under law or ordinance, or the discipline, performance or
19    removal of the occupant of a public office, when the public
20    body is given power to remove the occupant under law or
21    ordinance.
22        (4) Evidence or testimony presented in open hearing, or
23    in closed hearing where specifically authorized by law, to
24    a quasi-adjudicative body, as defined in this Act, provided
25    that the body prepares and makes available for public
26    inspection a written decision setting forth its



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1    determinative reasoning.
2        (5) The purchase or lease of real property for the use
3    of the public body, including meetings held for the purpose
4    of discussing whether a particular parcel should be
5    acquired.
6        (6) The setting of a price for sale or lease of
7    property owned by the public body.
8        (7) The sale or purchase of securities, investments, or
9    investment contracts. This exception shall not apply to the
10    investment of assets or income of funds deposited into the
11    Illinois Prepaid Tuition Trust Fund.
12        (8) Security procedures, school building safety and
13    security, and the use of personnel and equipment to respond
14    to an actual, a threatened, or a reasonably potential
15    danger to the safety of employees, students, staff, the
16    public, or public property.
17        (9) Student disciplinary cases.
18        (10) The placement of individual students in special
19    education programs and other matters relating to
20    individual students.
21        (11) Litigation, when an action against, affecting or
22    on behalf of the particular public body has been filed and
23    is pending before a court or administrative tribunal, or
24    when the public body finds that an action is probable or
25    imminent, in which case the basis for the finding shall be
26    recorded and entered into the minutes of the closed



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1    meeting.
2        (12) The establishment of reserves or settlement of
3    claims as provided in the Local Governmental and
4    Governmental Employees Tort Immunity Act, if otherwise the
5    disposition of a claim or potential claim might be
6    prejudiced, or the review or discussion of claims, loss or
7    risk management information, records, data, advice or
8    communications from or with respect to any insurer of the
9    public body or any intergovernmental risk management
10    association or self insurance pool of which the public body
11    is a member.
12        (13) Conciliation of complaints of discrimination in
13    the sale or rental of housing, when closed meetings are
14    authorized by the law or ordinance prescribing fair housing
15    practices and creating a commission or administrative
16    agency for their enforcement.
17        (14) Informant sources, the hiring or assignment of
18    undercover personnel or equipment, or ongoing, prior or
19    future criminal investigations, when discussed by a public
20    body with criminal investigatory responsibilities.
21        (15) Professional ethics or performance when
22    considered by an advisory body appointed to advise a
23    licensing or regulatory agency on matters germane to the
24    advisory body's field of competence.
25        (16) Self evaluation, practices and procedures or
26    professional ethics, when meeting with a representative of



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1    a statewide association of which the public body is a
2    member.
3        (17) The recruitment, credentialing, discipline or
4    formal peer review of physicians or other health care
5    professionals for a hospital, or other institution
6    providing medical care, that is operated by the public
7    body.
8        (18) Deliberations for decisions of the Prisoner
9    Review Board.
10        (19) Review or discussion of applications received
11    under the Experimental Organ Transplantation Procedures
12    Act.
13        (20) The classification and discussion of matters
14    classified as confidential or continued confidential by
15    the State Government Suggestion Award Board.
16        (21) Discussion of minutes of meetings lawfully closed
17    under this Act, whether for purposes of approval by the
18    body of the minutes or semi-annual review of the minutes as
19    mandated by Section 2.06.
20        (22) Deliberations for decisions of the State
21    Emergency Medical Services Disciplinary Review Board.
22        (23) The operation by a municipality of a municipal
23    utility or the operation of a municipal power agency or
24    municipal natural gas agency when the discussion involves
25    (i) contracts relating to the purchase, sale, or delivery
26    of electricity or natural gas or (ii) the results or



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1    conclusions of load forecast studies.
2        (24) Meetings of a residential health care facility
3    resident sexual assault and death review team or the
4    Executive Council under the Abuse Prevention Review Team
5    Act.
6        (25) Meetings of an independent team of experts under
7    Brian's Law.
8        (26) Meetings of a mortality review team appointed
9    under the Department of Juvenile Justice Mortality Review
10    Team Act.
11        (27) (Blank).
12        (28) Correspondence and records (i) that may not be
13    disclosed under Section 11-9 of the Public Aid Code or (ii)
14    that pertain to appeals under Section 11-8 of the Public
15    Aid Code.
16        (29) Meetings between internal or external auditors
17    and governmental audit committees, finance committees, and
18    their equivalents, when the discussion involves internal
19    control weaknesses, identification of potential fraud risk
20    areas, known or suspected frauds, and fraud interviews
21    conducted in accordance with generally accepted auditing
22    standards of the United States of America.
23        (30) Those meetings or portions of meetings of a
24    fatality review team or the Illinois Fatality Review Team
25    Advisory Council during which a review of the death of an
26    eligible adult in which abuse or neglect is suspected,



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1    alleged, or substantiated is conducted pursuant to Section
2    15 of the Adult Protective Services Act.
3        (31) Meetings and deliberations for decisions of the
4    Concealed Carry Licensing Review Board under the Firearm
5    Concealed Carry Act.
6        (32) Meetings between the Regional Transportation
7    Authority Board and its Service Boards when the discussion
8    involves review by the Regional Transportation Authority
9    Board of employment contracts under Section 28d of the
10    Metropolitan Transit Authority Act and Sections 3A.18 and
11    3B.26 of the Regional Transportation Authority Act.
12    (d) Definitions. For purposes of this Section:
13    "Employee" means a person employed by a public body whose
14relationship with the public body constitutes an
15employer-employee relationship under the usual common law
16rules, and who is not an independent contractor.
17    "Public office" means a position created by or under the
18Constitution or laws of this State, the occupant of which is
19charged with the exercise of some portion of the sovereign
20power of this State. The term "public office" shall include
21members of the public body, but it shall not include
22organizational positions filled by members thereof, whether
23established by law or by a public body itself, that exist to
24assist the body in the conduct of its business.
25    "Quasi-adjudicative body" means an administrative body
26charged by law or ordinance with the responsibility to conduct



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1hearings, receive evidence or testimony and make
2determinations based thereon, but does not include local
3electoral boards when such bodies are considering petition
5    (e) Final action. No final action may be taken at a closed
6meeting. Final action shall be preceded by a public recital of
7the nature of the matter being considered and other information
8that will inform the public of the business being conducted.
9(Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11;
1097-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff.
118-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff.
127-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised