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92_HB3653eng HB3653 Engrossed LRB9210177SMdv 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 Sections 1.02 and 2 as follows: 6 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) 7 Sec. 1.02. For the purposes of this Act: 8 "Meeting" means any gathering of a majority of a quorum 9 of the members of a public body held for the purpose of 10 discussing public business. 11 "Public body" includes all legislative, executive, 12 administrative or advisory bodies of the State, counties, 13 townships, cities, villages, incorporated towns, school 14 districts and all other municipal corporations, boards, 15 bureaus, committees or commissions of this State, and any 16 subsidiary bodies of any of the foregoing including but not 17 limited to committees and subcommittees which are supported 18 in whole or in part by tax revenue, or which expend tax 19 revenue, except the General Assembly and committees or 20 commissions thereof. "Public body" includes tourism boards 21 and convention or civic center boardslocated in counties22that are contiguous to the Mississippi River with populations23of more than 250,000 but less than 300,000. "Public body" 24 includes the Health Facilities Planning Board. "Public body" 25 does not include a child death review team or the Illinois 26 Child Death Review Teams Executive Council established under 27 the Child Death Review Team Act or an ethics commission, 28 ethics officer, or ultimate jurisdictional authority acting 29 under the State Gift Ban Act as provided by Section 80 of 30 that Act. 31 (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.) HB3653 Engrossed -2- LRB9210177SMdv 1 (5 ILCS 120/2) (from Ch. 102, par. 42) 2 Sec. 2. Open meetings. 3 (a) Openness required. All meetings of public bodies 4 shall be open to the public unless excepted in subsection (c) 5 and closed in accordance with Section 2a. 6 (b) Construction of exceptions. The exceptions 7 contained in subsection (c) are in derogation of the 8 requirement that public bodies meet in the open, and 9 therefore, the exceptions are to be strictly construed, 10 extending only to subjects clearly within their scope. The 11 exceptions authorize but do not require the holding of a 12 closed meeting to discuss a subject included within an 13 enumerated exception. 14 (c) Exceptions. A public body may hold closed meetings 15 to consider the following subjects: 16 (1) The appointment, employment, compensation, 17 discipline, performance, or dismissal of specific 18 employees of the public body, including hearing testimony 19 on a complaint lodged against an employee to determine 20 its validity. 21 (2) Collective negotiating matters between the 22 public body and its employees or their representatives, 23 or deliberations concerning salary schedules for one or 24 more classes of employees. 25 (3) The selection of a person to fill a public 26 office, as defined in this Act, including a vacancy in a 27 public office, when the public body is given power to 28 appoint under law or ordinance, or the discipline, 29 performance or removal of the occupant of a public 30 office, when the public body is given power to remove the 31 occupant under law or ordinance. 32 (4) Evidence or testimony presented in open 33 hearing, or in closed hearing where specifically 34 authorized by law, to a quasi-adjudicative body, as HB3653 Engrossed -3- LRB9210177SMdv 1 defined in this Act, provided that the body prepares and 2 makes available for public inspection a written decision 3 setting forth its determinative reasoning. 4 (5) The purchase or lease of real property for the 5 use of the public body, including meetings held for the 6 purpose of discussing whether a particular parcel should 7 be acquired. 8 (6) The setting of a price for sale or lease of 9 property owned by the public body. 10 (7) The sale or purchase of securities, 11 investments, or investment contracts. 12 (8) Security procedures and the use of personnel 13 and equipment to respond to an actual, a threatened, or a 14 reasonably potential danger to the safety of employees, 15 students, staff or public property. 16 (9) Student disciplinary cases. 17 (10) The placement of individual students in 18 special education programs and other matters relating to 19 individual students. 20 (11) Litigation, when an action against, affecting 21 or on behalf of the particular public body has been filed 22 and is pending before a court or administrative tribunal, 23 or when the public body finds that an action is probable 24 or imminent, in which case the basis for the finding 25 shall be recorded and entered into the minutes of the 26 closed meeting. 27 (12) The establishment of reserves or settlement of 28 claims as provided in the Local Governmental and 29 Governmental Employees Tort Immunity Act, if otherwise 30 the disposition of a claim or potential claim might be 31 prejudiced, or the review or discussion of claims, loss 32 or risk management information, records, data, advice or 33 communications from or with respect to any insurer of the 34 public body or any intergovernmental risk management HB3653 Engrossed -4- LRB9210177SMdv 1 association or self insurance pool of which the public 2 body is a member. 3 (13) Conciliation of complaints of discrimination 4 in the sale or rental of housing, when closed meetings 5 are authorized by the law or ordinance prescribing fair 6 housing practices and creating a commission or 7 administrative agency for their enforcement. 8 (14) Informant sources, the hiring or assignment of 9 undercover personnel or equipment, or ongoing, prior or 10 future criminal investigations, when discussed by a 11 public body with criminal investigatory responsibilities. 12 (15) Professional ethics or performance when 13 considered by an advisory body appointed to advise a 14 licensing or regulatory agency on matters germane to the 15 advisory body's field of competence. 16 (16) Self evaluation, practices and procedures or 17 professional ethics, when meeting with a representative 18 of a statewide association of which the public body is a 19 member. 20 (17) The recruitment, credentialing, discipline or 21 formal peer review of physicians or other health care 22 professionals for a hospital, or other institution 23 providing medical care, that is operated by the public 24 body. 25 (18) Deliberations for decisions of the Prisoner 26 Review Board. 27 (19) Review or discussion of applications received 28 under the Experimental Organ Transplantation Procedures 29 Act. 30 (20) The classification and discussion of matters 31 classified as confidential or continued confidential by 32 the State Employees Suggestion Award Board. 33 (21) Discussion of minutes of meetings lawfully 34 closed under this Act, whether for purposes of approval HB3653 Engrossed -5- LRB9210177SMdv 1 by the body of the minutes or semi-annual review of the 2 minutes as mandated by Section 2.06. 3 (22) Deliberations for decisions of the State 4 Emergency Medical Services Disciplinary Review Board. 5 (23) The operation by a municipality of a municipal 6 utility or the operation of a municipal power agency or 7 municipal natural gas agency when the discussion involves 8 (i) contracts relating to the purchase, sale, or delivery 9 of electricity or natural gas or (ii) the results or 10 conclusions of load forecast studies. 11 (24) Discussion by a tourism board or a convention 12 or civic center board concerning convention contracts or 13 convention contract proposals. 14 (d) Definitions. For purposes of this Section: 15 "Employee" means a person employed by a public body whose 16 relationship with the public body constitutes an 17 employer-employee relationship under the usual common law 18 rules, and who is not an independent contractor. 19 "Public office" means a position created by or under the 20 Constitution or laws of this State, the occupant of which is 21 charged with the exercise of some portion of the sovereign 22 power of this State. The term "public office" shall include 23 members of the public body, but it shall not include 24 organizational positions filled by members thereof, whether 25 established by law or by a public body itself, that exist to 26 assist the body in the conduct of its business. 27 "Quasi-adjudicative body" means an administrative body 28 charged by law or ordinance with the responsibility to 29 conduct hearings, receive evidence or testimony and make 30 determinations based thereon, but does not include local 31 electoral boards when such bodies are considering petition 32 challenges. 33 (e) Final action. No final action may be taken at a 34 closed meeting. Final action shall be preceded by a public HB3653 Engrossed -6- LRB9210177SMdv 1 recital of the nature of the matter being considered and 2 other information that will inform the public of the business 3 being conducted. 4 (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)