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92_HB3682eng HB3682 Engrossed LRB9210796REdv 1 AN ACT concerning government security procedures. 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, including hearing testimony 24 on a complaint lodged against an employee to determine 25 its validity. 26 (2) Collective negotiating matters between the 27 public body and its employees or their representatives, 28 or deliberations concerning salary schedules for one or 29 more classes of employees. 30 (3) The selection of a person to fill a public 31 office, as defined in this Act, including a vacancy in a HB3682 Engrossed -2- LRB9210796REdv 1 public office, when the public body is given power to 2 appoint under law or ordinance, or the discipline, 3 performance or removal of the occupant of a public 4 office, when the public body is given power to remove the 5 occupant under law or ordinance. 6 (4) Evidence or testimony presented in open 7 hearing, or in closed hearing where specifically 8 authorized by law, to a quasi-adjudicative body, as 9 defined in this Act, provided that the body prepares and 10 makes available for public inspection a written decision 11 setting forth its determinative reasoning. 12 (5) The purchase or lease of real property for the 13 use of the public body, including meetings held for the 14 purpose of discussing whether a particular parcel should 15 be acquired. 16 (6) The setting of a price for sale or lease of 17 property owned by the public body. 18 (7) The sale or purchase of securities, 19 investments, or investment contracts. 20 (8) Security procedures and the use of personnel 21 and equipment to respond to an actual, a threatened, or a 22 reasonably potential danger to the safety of employees, 23 students, staff, the public, or public property. 24 (9) Student disciplinary cases. 25 (10) The placement of individual students in 26 special education programs and other matters relating to 27 individual students. 28 (11) Litigation, when an action against, affecting 29 or on behalf of the particular public body has been filed 30 and is pending before a court or administrative tribunal, 31 or when the public body finds that an action is probable 32 or imminent, in which case the basis for the finding 33 shall be recorded and entered into the minutes of the 34 closed meeting. HB3682 Engrossed -3- LRB9210796REdv 1 (12) The establishment of reserves or settlement of 2 claims as provided in the Local Governmental and 3 Governmental Employees Tort Immunity Act, if otherwise 4 the disposition of a claim or potential claim might be 5 prejudiced, or the review or discussion of claims, loss 6 or risk management information, records, data, advice or 7 communications from or with respect to any insurer of the 8 public body or any intergovernmental risk management 9 association or self insurance pool of which the public 10 body is a member. 11 (13) Conciliation of complaints of discrimination 12 in the sale or rental of housing, when closed meetings 13 are authorized by the law or ordinance prescribing fair 14 housing practices and creating a commission or 15 administrative agency for their enforcement. 16 (14) Informant sources, the hiring or assignment of 17 undercover personnel or equipment, or ongoing, prior or 18 future criminal investigations, when discussed by a 19 public body with criminal investigatory responsibilities. 20 (15) Professional ethics or performance when 21 considered by an advisory body appointed to advise a 22 licensing or regulatory agency on matters germane to the 23 advisory body's field of competence. 24 (16) Self evaluation, practices and procedures or 25 professional ethics, when meeting with a representative 26 of a statewide association of which the public body is a 27 member. 28 (17) The recruitment, credentialing, discipline or 29 formal peer review of physicians or other health care 30 professionals for a hospital, or other institution 31 providing medical care, that is operated by the public 32 body. 33 (18) Deliberations for decisions of the Prisoner 34 Review Board. HB3682 Engrossed -4- LRB9210796REdv 1 (19) Review or discussion of applications received 2 under the Experimental Organ Transplantation Procedures 3 Act. 4 (20) The classification and discussion of matters 5 classified as confidential or continued confidential by 6 the State Employees Suggestion Award Board. 7 (21) Discussion of minutes of meetings lawfully 8 closed under this Act, whether for purposes of approval 9 by the body of the minutes or semi-annual review of the 10 minutes as mandated by Section 2.06. 11 (22) Deliberations for decisions of the State 12 Emergency Medical Services Disciplinary Review Board. 13 (23) The operation by a municipality of a municipal 14 utility or the operation of a municipal power agency or 15 municipal natural gas agency when the discussion involves 16 (i) contracts relating to the purchase, sale, or delivery 17 of electricity or natural gas or (ii) the results or 18 conclusions of load forecast studies. 19 (d) Definitions. For purposes of this Section: 20 "Employee" means a person employed by a public body whose 21 relationship with the public body constitutes an 22 employer-employee relationship under the usual common law 23 rules, and who is not an independent contractor. 24 "Public office" means a position created by or under the 25 Constitution or laws of this State, the occupant of which is 26 charged with the exercise of some portion of the sovereign 27 power of this State. The term "public office" shall include 28 members of the public body, but it shall not include 29 organizational positions filled by members thereof, whether 30 established by law or by a public body itself, that exist to 31 assist the body in the conduct of its business. 32 "Quasi-adjudicative body" means an administrative body 33 charged by law or ordinance with the responsibility to 34 conduct hearings, receive evidence or testimony and make HB3682 Engrossed -5- LRB9210796REdv 1 determinations based thereon, but does not include local 2 electoral boards when such bodies are considering petition 3 challenges. 4 (e) Final action. No final action may be taken at a 5 closed meeting. Final action shall be preceded by a public 6 recital of the nature of the matter being considered and 7 other information that will inform the public of the business 8 being conducted. 9 (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.