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Public Act 097-0318 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Open Meetings Act is amended by changing | ||||
Section 2 as follows:
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(5 ILCS 120/2) (from Ch. 102, par. 42)
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Sec. 2. Open meetings.
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(a) Openness required. All meetings of public
bodies shall | ||||
be open to the public unless excepted in subsection (c)
and | ||||
closed in accordance with Section 2a.
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(b) Construction of exceptions. The exceptions contained | ||||
in subsection
(c) are in derogation of the requirement that | ||||
public bodies
meet in the open, and therefore, the exceptions | ||||
are to be strictly
construed, extending only to subjects | ||||
clearly within their scope.
The exceptions authorize but do not | ||||
require the holding of
a closed meeting to discuss a subject | ||||
included within an enumerated exception.
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(c) Exceptions. A public body may hold closed meetings to | ||||
consider the
following subjects:
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(1) The appointment, employment, compensation, | ||||
discipline, performance,
or dismissal of specific | ||||
employees of the public body or legal counsel for
the | ||||
public body, including hearing
testimony on a complaint |
lodged against an employee of the public body or
against | ||
legal counsel for the public body to determine its | ||
validity.
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(2) Collective negotiating matters between the public | ||
body and its
employees or their representatives, or | ||
deliberations concerning salary
schedules for one or more | ||
classes of employees.
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(3) The selection of a person to fill a public office,
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as defined in this Act, including a vacancy in a public | ||
office, when the public
body is given power to appoint | ||
under law or ordinance, or the discipline,
performance or | ||
removal of the occupant of a public office, when the public | ||
body
is given power to remove the occupant under law or | ||
ordinance.
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(4) Evidence or testimony presented in open hearing, or | ||
in closed
hearing where specifically authorized by law, to
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a quasi-adjudicative body, as defined in this Act, provided | ||
that the body
prepares and makes available for public | ||
inspection a written decision
setting forth its | ||
determinative reasoning.
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(5) The purchase or lease of real property for the use | ||
of
the public body, including meetings held for the purpose | ||
of discussing
whether a particular parcel should be | ||
acquired.
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(6) The setting of a price for sale or lease of | ||
property owned
by the public body.
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(7) The sale or purchase of securities, investments, or | ||
investment
contracts.
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(8) Security procedures and the use of personnel and
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equipment to respond to an actual, a threatened, or a | ||
reasonably
potential danger to the safety of employees, | ||
students, staff, the public, or
public
property.
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(9) Student disciplinary cases.
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(10) The placement of individual students in special | ||
education
programs and other matters relating to | ||
individual students.
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(11) Litigation, when an action against, affecting or | ||
on behalf of the
particular public body has been filed and | ||
is pending before a court or
administrative tribunal, or | ||
when the public body finds that an action is
probable or | ||
imminent, in which case the basis for the finding shall be
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recorded and entered into the minutes of the closed | ||
meeting.
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(12) The establishment of reserves or settlement of | ||
claims as provided
in the Local Governmental and | ||
Governmental Employees Tort Immunity Act, if
otherwise the | ||
disposition of a claim or potential claim might be
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prejudiced, or the review or discussion of claims, loss or | ||
risk management
information, records, data, advice or | ||
communications from or with respect
to any insurer of the | ||
public body or any intergovernmental risk management
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association or self insurance pool of which the public body |
is a member.
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(13) Conciliation of complaints of discrimination in | ||
the sale or rental
of housing, when closed meetings are | ||
authorized by the law or ordinance
prescribing fair housing | ||
practices and creating a commission or
administrative | ||
agency for their enforcement.
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(14) Informant sources, the hiring or assignment of | ||
undercover personnel
or equipment, or ongoing, prior or | ||
future criminal investigations, when
discussed by a public | ||
body with criminal investigatory responsibilities.
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(15) Professional ethics or performance when | ||
considered by an advisory
body appointed to advise a | ||
licensing or regulatory agency on matters
germane to the | ||
advisory body's field of competence.
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(16) Self evaluation, practices and procedures or | ||
professional ethics,
when meeting with a representative of | ||
a statewide association of which the
public body is a | ||
member.
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(17) The recruitment, credentialing, discipline or | ||
formal peer review
of physicians or other
health care | ||
professionals for a hospital, or
other institution | ||
providing medical care, that is operated by the public | ||
body.
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(18) Deliberations for decisions of the Prisoner | ||
Review Board.
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(19) Review or discussion of applications received |
under the
Experimental Organ Transplantation Procedures | ||
Act.
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(20) The classification and discussion of matters | ||
classified as
confidential or continued confidential by | ||
the State Government Suggestion Award
Board.
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(21) Discussion of minutes of meetings lawfully closed | ||
under this Act,
whether for purposes of approval by the | ||
body of the minutes or semi-annual
review of the minutes as | ||
mandated by Section 2.06.
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(22) Deliberations for decisions of the State
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Emergency Medical Services Disciplinary
Review Board.
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(23) The operation by a municipality of a municipal | ||
utility or the
operation of a
municipal power agency or | ||
municipal natural gas agency when the
discussion involves | ||
(i) contracts relating to the
purchase, sale, or delivery | ||
of electricity or natural gas or (ii) the results
or | ||
conclusions of load forecast studies.
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(24) Meetings of a residential health care facility | ||
resident sexual
assault and death review
team or
the | ||
Executive
Council under the Abuse Prevention Review
Team | ||
Act.
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(25) Meetings of an independent team of experts under | ||
Brian's Law. | ||
(26) (25) Meetings of a mortality review team appointed | ||
under the Department of Juvenile Justice Mortality Review | ||
Team Act. |
(27) (25) Confidential information, when discussed by | ||
one or more members of an elder abuse fatality review team, | ||
designated under Section 15 of the Elder Abuse and Neglect | ||
Act, while participating in a review conducted by that team | ||
of the death of an elderly person in which abuse or neglect | ||
is suspected, alleged, or substantiated; provided that | ||
before the review team holds a closed meeting, or closes an | ||
open meeting, to discuss the confidential information, | ||
each participating review team member seeking to disclose | ||
the confidential information in the closed meeting or | ||
closed portion of the meeting must state on the record | ||
during an open meeting or the open portion of a meeting the | ||
nature of the information to be disclosed and the legal | ||
basis for otherwise holding that information confidential. | ||
(28) Meetings between internal or external auditors | ||
and governmental audit committees, finance committees, and | ||
their equivalents, when the discussion involves internal | ||
control weaknesses, identification of potential fraud risk | ||
areas, known or suspected frauds, and fraud interviews | ||
conducted in accordance with generally accepted auditing | ||
standards of the United States of America. | ||
(d) Definitions. For purposes of this Section:
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"Employee" means a person employed by a public body whose | ||
relationship
with the public body constitutes an | ||
employer-employee relationship under
the usual common law | ||
rules, and who is not an independent contractor.
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"Public office" means a position created by or under the
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Constitution or laws of this State, the occupant of which is | ||
charged with
the exercise of some portion of the sovereign | ||
power of this State. The term
"public office" shall include | ||
members of the public body, but it shall not
include | ||
organizational positions filled by members thereof, whether
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established by law or by a public body itself, that exist to | ||
assist the
body in the conduct of its business.
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"Quasi-adjudicative body" means an administrative body | ||
charged by law or
ordinance with the responsibility to conduct | ||
hearings, receive evidence or
testimony and make | ||
determinations based
thereon, but does not include
local | ||
electoral boards when such bodies are considering petition | ||
challenges.
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(e) Final action. No final action may be taken at a closed | ||
meeting.
Final action shall be preceded by a public recital of | ||
the nature of the
matter being considered and other information | ||
that will inform the
public of the business being conducted.
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(Source: P.A. 95-185, eff. 1-1-08; 96-1235, eff. 1-1-11; | ||
96-1378, eff. 7-29-10; 96-1428, eff. 8-11-10; revised 9-2-10.)
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