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| Public Act 094-0028 |
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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 | ||||
Sections 2.02 and 2.06 as follows:
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(5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
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Sec. 2.02. Public notice of all meetings, whether open or | ||||
closed to
the public, shall be given as follows:
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(a) Every public body shall give public notice
of the | ||||
schedule of regular meetings at the beginning of each calendar | ||||
or fiscal
year and shall state the regular dates, times, and | ||||
places of such meetings.
An agenda for each regular meeting | ||||
shall be posted at the principal office of
the public body and | ||||
at the location where the meeting is to be held at least 48 | ||||
hours in
advance of the holding of the meeting. A public body | ||||
that has a website that the full-time staff of the public body | ||||
maintains shall also post on its website the agenda of any | ||||
regular meetings of the governing body of that public body. Any | ||||
agenda of a regular meeting that is posted on a public body's | ||||
website shall remain posted on the website until the regular | ||||
meeting is concluded. The requirement of a regular
meeting | ||||
agenda shall not preclude the consideration of items not | ||||
specifically
set forth in the agenda.
Public
notice of any | ||||
special meeting except a meeting held in the event of a
bona | ||||
fide emergency, or of any rescheduled regular meeting, or of | ||||
any
reconvened meeting, shall be given at least 48 hours before | ||||
such
meeting, which notice shall also include the agenda for | ||||
the special,
rescheduled,
or reconvened meeting, but the | ||||
validity of any action taken by the public
body which is | ||||
germane to a subject on the agenda shall not be affected by
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other errors or omissions in the agenda. The requirement
of | ||||
public notice of reconvened meetings does
not apply to any case | ||||
where the meeting was open to the public and (1)
it is to be | ||
reconvened within 24 hours, or (2) an announcement of
the time | ||
and place of the reconvened meeting was
made at the original | ||
meeting and there is no change in the agenda. Notice
of an | ||
emergency meeting shall be given as soon as practicable, but in | ||
any
event prior to the holding of such meeting, to any news | ||
medium which has
filed an annual request for notice under | ||
subsection (b) of this Section.
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(b) Public notice shall be given by posting a copy of the | ||
notice at the
principal office of the body holding the meeting | ||
or, if no such office exists,
at the building in which the | ||
meeting
is to be held. In addition, a public body that has a | ||
website that the full-time staff of the public body maintains | ||
shall post notice on its website of all meetings of the | ||
governing body of the public body. Any notice of an annual | ||
schedule of meetings shall remain on the website until a new | ||
public notice of the schedule of regular meetings is approved. | ||
Any notice of a regular meeting that is posted on a public | ||
body's website shall remain posted on the website until the | ||
regular meeting is concluded. The body shall supply copies of | ||
the notice of its regular
meetings, and of the notice of any | ||
special,
emergency, rescheduled or reconvened meeting, to any | ||
news medium
that has filed an annual request for such notice. | ||
Any such news
medium shall also be given the same notice of all | ||
special,
emergency, rescheduled or reconvened meetings in the | ||
same manner as
is given to members of the body provided such | ||
news medium has given the
public body an address or telephone | ||
number within the territorial jurisdiction
of the public body | ||
at which such notice may be given. The failure of a public body | ||
to post on its website notice of any meeting or the agenda of | ||
any meeting shall not invalidate any meeting or any actions | ||
taken at a meeting.
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(Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.)
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(5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
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Sec. 2.06. (a) All public bodies shall keep written minutes | ||
of all their
meetings, whether open or closed,
and a verbatim
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record of all their closed meetings in the form of an audio or | ||
video recording.
Minutes
shall include, but need not be limited | ||
to:
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(1) the date, time and place of the meeting;
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(2) the members of the public body recorded as either | ||
present or absent;
and
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(3) a summary of discussion on all matters proposed, | ||
deliberated,
or decided, and a record of any votes taken.
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(b) The minutes of meetings open to the public shall be | ||
available for
public inspection within 7 days of the approval | ||
of such minutes by the public
body. Beginning July 1, 2006, at | ||
the time it complies with the other requirements of this | ||
subsection, a public body that has a website that the full-time | ||
staff of the public body maintains shall post the minutes of a | ||
regular meeting of its governing body open to the public on the | ||
public body's website within 7 days of the approval of the | ||
minutes by the public body. Beginning July 1, 2006, any minutes | ||
of meetings open to the public posted on the public body's | ||
website shall remain posted on the website for at least 60 days | ||
after their initial posting.
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(c) The verbatim record may be destroyed without | ||
notification to or the
approval of a records commission or the | ||
State Archivist under the Local Records
Act or the State | ||
Records Act no less than 18 months after the completion of the
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meeting recorded but only after:
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(1) the public body
approves the destruction of a | ||
particular recording; and
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(2) the public body approves minutes of the closed | ||
meeting that meet the
written minutes requirements of | ||
subsection (a) of this Section.
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(d) Each public body shall periodically, but no less than
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semi-annually,
meet to review minutes of all closed meetings. | ||
At such
meetings a determination shall be made, and reported in | ||
an open session that
(1) the need for confidentiality still | ||
exists as to all or part of those
minutes or (2) that the | ||
minutes or portions thereof no
longer require
confidential
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treatment and are available for public inspection.
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(e) Unless the public body has made a determination that | ||
the verbatim
recording no longer requires confidential | ||
treatment or otherwise consents to
disclosure, the verbatim | ||
record of a meeting closed to the public shall not be
open for | ||
public inspection or subject to discovery in any administrative
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or judicial proceeding other than one brought to enforce this | ||
Act. In the case of a civil
action brought to enforce this Act, | ||
the court, if the judge believes such an examination is | ||
necessary, must conduct such in camera
examination of the | ||
verbatim record as it finds appropriate in order to
determine | ||
whether there has been a violation of this Act. In the case of | ||
a
criminal proceeding, the court may conduct an
examination in | ||
order to
determine what portions, if any, must be made | ||
available to the parties for use
as evidence in the | ||
prosecution. Any such initial inspection must be held in | ||
camera. If the court
determines that a complaint or suit | ||
brought for noncompliance under this Act
is valid it may, for | ||
the purposes of discovery, redact from the minutes of the
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meeting closed to the public any information deemed to qualify | ||
under the
attorney-client privilege. The provisions of this | ||
subsection do not supersede
the privacy or confidentiality | ||
provisions of State or federal law.
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(f) Minutes of meetings closed to the public shall be | ||
available only after
the public body determines that it is no | ||
longer necessary to protect the public
interest or the privacy | ||
of an individual by keeping them confidential.
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(Source: P.A. 93-523, eff. 1-1-04; 93-974, eff. 1-1-05.)
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