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Public Act 099-0235 Public Act 0235 99TH GENERAL ASSEMBLY |
Public Act 099-0235 | HB1498 Enrolled | LRB099 07377 JLK 27493 b |
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| AN ACT concerning government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Open Meetings Act is amended by changing | Section 2 as follows:
| (5 ILCS 120/2) (from Ch. 102, par. 42)
| Sec. 2. Open meetings.
| (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.
| (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.
| (c) Exceptions. A public body may hold closed meetings to | consider the
following subjects:
| (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.
| (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.
| (3) The selection of a person to fill a public office,
| 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.
| (4) Evidence or testimony presented in open hearing, or | in closed
hearing where specifically authorized by law, to
| 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.
| (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.
| (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. This exception shall not apply to the | investment of assets or income of funds deposited into the | Illinois Prepaid Tuition Trust Fund.
| (8) Security procedures , school building safety and | security, and the use of personnel and
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.
| (9) Student disciplinary cases.
| (10) The placement of individual students in special | education
programs and other matters relating to | individual students.
| (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
| recorded and entered into the minutes of the closed | meeting.
| (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
| 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
| association or self insurance pool of which the public body | is a member.
| (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.
| (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.
| (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.
| (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.
| (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.
| (19) Review or discussion of applications received | under the
Experimental Organ Transplantation Procedures | Act.
| (20) The classification and discussion of matters | classified as
confidential or continued confidential by | the State Government Suggestion Award
Board.
| (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.
| (22) Deliberations for decisions of the State
| Emergency Medical Services Disciplinary
Review Board.
| (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.
| (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.
| (25) Meetings of an independent team of experts under | Brian's Law. |
| (26) Meetings of a mortality review team appointed | under the Department of Juvenile Justice Mortality Review | Team Act. | (27) (Blank). | (28) Correspondence and records (i) that may not be | disclosed under Section 11-9 of the Public Aid Code or (ii) | that pertain to appeals under Section 11-8 of the Public | Aid Code. | (29) 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. | (30) Those meetings or portions of meetings of a | fatality review team or the Illinois Fatality Review Team | Advisory Council during which a review of the death of an | eligible adult in which abuse or neglect is suspected, | alleged, or substantiated is conducted pursuant to Section | 15 of the Adult Protective Services Act. | (31) Meetings and deliberations for decisions of the | Concealed Carry Licensing Review Board under the Firearm | Concealed Carry Act. | (32) Meetings between the Regional Transportation | Authority Board and its Service Boards when the discussion |
| involves review by the Regional Transportation Authority | Board of employment contracts under Section 28d of the | Metropolitan Transit Authority Act and Sections 3A.18 and | 3B.26 of the Regional Transportation Authority Act. | (d) Definitions. For purposes of this Section:
| "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.
| "Public office" means a position created by or under the
| 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
| established by law or by a public body itself, that exist to | assist the
body in the conduct of its business.
| "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.
| (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.
| (Source: P.A. 97-318, eff. 1-1-12; 97-333, eff. 8-12-11; | 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, eff. | 8-1-12; 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. | 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; revised | 10-1-14.)
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Effective Date: 1/1/2016
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