Full Text of HB5503 96th General Assembly
HB5503 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5503
Introduced 2/5/2010, by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED: |
|
5 ILCS 120/2 |
from Ch. 102, par. 42 |
|
Amends the Open Meetings Act. Permits a closed meeting for an elder abuse fatality review team's review of a death in which abuse or neglect is alleged, suspected, or substantiated.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB5503 |
|
LRB096 19219 JAM 34610 b |
|
| 1 |
| AN ACT concerning government.
| 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 shall | 9 |
| be open to the public unless excepted in subsection (c)
and | 10 |
| closed in accordance with Section 2a.
| 11 |
| (b) Construction of exceptions. The exceptions contained | 12 |
| in subsection
(c) are in derogation of the requirement that | 13 |
| public bodies
meet in the open, and therefore, the exceptions | 14 |
| are to be strictly
construed, extending only to subjects | 15 |
| clearly within their scope.
The exceptions authorize but do not | 16 |
| require the holding of
a closed meeting to discuss a subject | 17 |
| included within an enumerated exception.
| 18 |
| (c) Exceptions. A public body may hold closed meetings to | 19 |
| consider the
following subjects:
| 20 |
| (1) The appointment, employment, compensation, | 21 |
| discipline, performance,
or dismissal of specific | 22 |
| employees of the public body or legal counsel for
the | 23 |
| public body, including hearing
testimony on a complaint |
|
|
|
HB5503 |
- 2 - |
LRB096 19219 JAM 34610 b |
|
| 1 |
| lodged against an employee of the public body or
against | 2 |
| legal counsel for the public body to determine its | 3 |
| validity.
| 4 |
| (2) Collective negotiating matters between the public | 5 |
| body and its
employees or their representatives, or | 6 |
| deliberations concerning salary
schedules for one or more | 7 |
| classes of employees.
| 8 |
| (3) The selection of a person to fill a public office,
| 9 |
| as defined in this Act, including a vacancy in a public | 10 |
| office, when the public
body is given power to appoint | 11 |
| under law or ordinance, or the discipline,
performance or | 12 |
| removal of the occupant of a public office, when the public | 13 |
| body
is given power to remove the occupant under law or | 14 |
| ordinance.
| 15 |
| (4) Evidence or testimony presented in open hearing, or | 16 |
| in closed
hearing where specifically authorized by law, to
| 17 |
| a quasi-adjudicative body, as defined in this Act, provided | 18 |
| that the body
prepares and makes available for public | 19 |
| inspection a written decision
setting forth its | 20 |
| determinative reasoning.
| 21 |
| (5) The purchase or lease of real property for the use | 22 |
| of
the public body, including meetings held for the purpose | 23 |
| of discussing
whether a particular parcel should be | 24 |
| acquired.
| 25 |
| (6) The setting of a price for sale or lease of | 26 |
| property owned
by the public body.
|
|
|
|
HB5503 |
- 3 - |
LRB096 19219 JAM 34610 b |
|
| 1 |
| (7) The sale or purchase of securities, investments, or | 2 |
| investment
contracts.
| 3 |
| (8) Security procedures and the use of personnel and
| 4 |
| equipment to respond to an actual, a threatened, or a | 5 |
| reasonably
potential danger to the safety of employees, | 6 |
| students, staff, the public, or
public
property.
| 7 |
| (9) Student disciplinary cases.
| 8 |
| (10) The placement of individual students in special | 9 |
| education
programs and other matters relating to | 10 |
| individual students.
| 11 |
| (11) Litigation, when an action against, affecting or | 12 |
| on behalf of the
particular public body has been filed and | 13 |
| is pending before a court or
administrative tribunal, or | 14 |
| when the public body finds that an action is
probable or | 15 |
| imminent, in which case the basis for the finding shall be
| 16 |
| recorded and entered into the minutes of the closed | 17 |
| meeting.
| 18 |
| (12) The establishment of reserves or settlement of | 19 |
| claims as provided
in the Local Governmental and | 20 |
| Governmental Employees Tort Immunity Act, if
otherwise the | 21 |
| disposition of a claim or potential claim might be
| 22 |
| prejudiced, or the review or discussion of claims, loss or | 23 |
| risk management
information, records, data, advice or | 24 |
| communications from or with respect
to any insurer of the | 25 |
| public body or any intergovernmental risk management
| 26 |
| association or self insurance pool of which the public body |
|
|
|
HB5503 |
- 4 - |
LRB096 19219 JAM 34610 b |
|
| 1 |
| is a member.
| 2 |
| (13) Conciliation of complaints of discrimination in | 3 |
| the sale or rental
of housing, when closed meetings are | 4 |
| authorized by the law or ordinance
prescribing fair housing | 5 |
| practices and creating a commission or
administrative | 6 |
| agency for their enforcement.
| 7 |
| (14) Informant sources, the hiring or assignment of | 8 |
| undercover personnel
or equipment, or ongoing, prior or | 9 |
| future criminal investigations, when
discussed by a public | 10 |
| body with criminal investigatory responsibilities.
| 11 |
| (15) Professional ethics or performance when | 12 |
| considered by an advisory
body appointed to advise a | 13 |
| licensing or regulatory agency on matters
germane to the | 14 |
| advisory body's field of competence.
| 15 |
| (16) Self evaluation, practices and procedures or | 16 |
| professional ethics,
when meeting with a representative of | 17 |
| a statewide association of which the
public body is a | 18 |
| member.
| 19 |
| (17) The recruitment, credentialing, discipline or | 20 |
| formal peer review
of physicians or other
health care | 21 |
| professionals for a hospital, or
other institution | 22 |
| providing medical care, that is operated by the public | 23 |
| body.
| 24 |
| (18) Deliberations for decisions of the Prisoner | 25 |
| Review Board.
| 26 |
| (19) Review or discussion of applications received |
|
|
|
HB5503 |
- 5 - |
LRB096 19219 JAM 34610 b |
|
| 1 |
| under the
Experimental Organ Transplantation Procedures | 2 |
| Act.
| 3 |
| (20) The classification and discussion of matters | 4 |
| classified as
confidential or continued confidential by | 5 |
| the State Government Suggestion Award
Board.
| 6 |
| (21) Discussion of minutes of meetings lawfully closed | 7 |
| under this Act,
whether for purposes of approval by the | 8 |
| body of the minutes or semi-annual
review of the minutes as | 9 |
| mandated by Section 2.06.
| 10 |
| (22) Deliberations for decisions of the State
| 11 |
| Emergency Medical Services Disciplinary
Review Board.
| 12 |
| (23) The operation by a municipality of a municipal | 13 |
| utility or the
operation of a
municipal power agency or | 14 |
| municipal natural gas agency when the
discussion involves | 15 |
| (i) contracts relating to the
purchase, sale, or delivery | 16 |
| of electricity or natural gas or (ii) the results
or | 17 |
| conclusions of load forecast studies.
| 18 |
| (24) Meetings of a residential health care facility | 19 |
| resident sexual
assault and death review
team or
the | 20 |
| Executive
Council under the Abuse Prevention Review
Team | 21 |
| Act.
| 22 |
| (25) A review conducted by an elder abuse fatality | 23 |
| review team, pursuant to Section 15 of the Elder Abuse and | 24 |
| Neglect Act, of the death of an elderly person in which the | 25 |
| abuse or neglect of the elderly person is alleged or | 26 |
| suspected or has been substantiated. |
|
|
|
HB5503 |
- 6 - |
LRB096 19219 JAM 34610 b |
|
| 1 |
| (d) Definitions. For purposes of this Section:
| 2 |
| "Employee" means a person employed by a public body whose | 3 |
| relationship
with the public body constitutes an | 4 |
| employer-employee relationship under
the usual common law | 5 |
| rules, and who is not an independent contractor.
| 6 |
| "Public office" means a position created by or under the
| 7 |
| Constitution or laws of this State, the occupant of which is | 8 |
| charged with
the exercise of some portion of the sovereign | 9 |
| power of this State. The term
"public office" shall include | 10 |
| members of the public body, but it shall not
include | 11 |
| organizational positions filled by members thereof, whether
| 12 |
| established by law or by a public body itself, that exist to | 13 |
| assist the
body in the conduct of its business.
| 14 |
| "Quasi-adjudicative body" means an administrative body | 15 |
| charged by law or
ordinance with the responsibility to conduct | 16 |
| hearings, receive evidence or
testimony and make | 17 |
| determinations based
thereon, but does not include
local | 18 |
| electoral boards when such bodies are considering petition | 19 |
| challenges.
| 20 |
| (e) Final action. No final action may be taken at a closed | 21 |
| meeting.
Final action shall be preceded by a public recital of | 22 |
| the nature of the
matter being considered and other information | 23 |
| that will inform the
public of the business being conducted.
| 24 |
| (Source: P.A. 94-931, eff. 6-26-06; 95-185, eff. 1-1-08.)
|
|