Illinois Open Meetings Act By JAY HEDGES, Director, Department of Commerce & Community Affairs

The Illinois Open Meetings Act (Ill. Rev. Stat. 1987, Ch. 102, par. 41 et seq.) is intended to have public business conducted openly, so that members of the public can be informed citizens and watchdogs for the public good. It is the general intent of this Act to have all public business conducted in the public view. The Act provides that any person may record a public meeting by tape, film, or other means, if they prescribe to the reasonable rules set by the public body. The Act states that all meetings of public bodies are considered public meetings. Home rule governments are specifically required to abide by this Act, and cannot adopt weaker standards.

In this Act a meeting is defined as any gathering of a majority of a quorum of the members of a public body held for the purpose of discussing public business. A quorum is the number of members required to be present to transact business legally. For example, if the number of members of a public body is 5, then a quorum would be 3, and the majority of a quorum for that public body would be 2.

A public body includes all legislative, executive, administrative, or advisory bodies of the state, counties, townships, cities, villages, incorporated towns, school districts, and all other municipal corporations, boards, bureaus, committees, or commissions of the state. This also includes any subsidiary bodies of those mentioned, above, including but not limited to committees and subcommittees that are supported partially or totally by tax revenues. Excluded from this list is the General Assembly and its committees and commissions.

Exceptions to this act are divided in the following categories: Personnel matters, matters of commercial and financial sensitivity, matters relating to education, legal matters, a closed meeting officially authorized by law, and some miscellaneous occurrences.

A public body may hold a meeting closed to the public, or close a portion of the meeting upon a majority vote of a quorum present. The vote of each member present will be recorded and entered into the minutes. No final action may be taken at a closed meeting.

The Act requires all public bodies to keep written minutes that include the following information: The date, time, and place of the meeting, the members recorded as present or absent, a general description of all matters and a record of any votes taken. The Act stipulates that the minutes should be available to the public within seven days of their approval. Minutes of closed meetings shall be available only after the public body determines the information does not need to be protected. A public body is required to meet not less than twice a year to review the minutes of all closed sessions to determine: (1) if the need for confidentiality still exists, or (2) that the minutes no longer require confidential treatment and are available for public inspection.

March 1989 / Illinois Municipal Review / Page 9

In order to provide public awareness, a schedule of the regular meetings as well as the closed meetings must be available to the public at the beginning of each calendar or fiscal year. Public notice of any special, rescheduled, or reconvened meeting must be given at least 24 hours in advance. A public notice is not necessary for a meeting to be reconvened within 24 hours, or if the time and the place of the reconvened meeting was announced at the original meeting and there was no change in the agenda. Notice of an emergency meeting shall be given as soon as possible, but must be given to any news medium that has filed an annual request for the notice before the meeting is held. A ten day notice shall be given by publication in a newspaper of general circulation stating any changes in the meetings. This information must be provided to any news medium that has filed an annual request. A public notice is given by posting a copy of the notice at the building in which the meeting is held. All final action taken at an open meeting shall be preceded by a public reiteration of the nature of the matter being considered at the meeting.

A violation of the Open Meetings Act is considered a criminal offense classified as a class "C" misdemeanor. This offense is punishable by up to a $500 fine and 30 days in jail. Any person including the State's Attorney may bring civil action within 45 days after the alleged meeting in violation. Along with the fines and jail sentences, the court may also grant a "Writ of mandamus" requiring a meeting to be open to the public, and an injunction against future violations. A judge may also order the public body to make any portion of the minutes available to the public, except those authorized as confidential, and may declare null and void any final action taken at a closed session that is in violation of the Open Meetings Act.

For additional information on the Open Meetings Act, call the department's toll-free Local Government Hotline number, 1-866-814-1113 (Office of the Inspector ).

Page 10 / Illinois Municipal Review / March 1989