Illinois Compiled Statutes
Chapter 5 - GENERAL PROVISIONS
5 ILCS 120/ - Open Meetings Act.

(5 ILCS 120/1) (from Ch. 102, par. 41)
Sec. 1.
Policy.
It is the public policy of this State that public
bodies exist to aid in
the conduct of the people's business and that the people have a right to be
informed as to the conduct of their business. In order that the people
shall be informed, the General Assembly finds and declares that it is the
intent of this Act to ensure that the actions of public bodies be taken
openly and that their deliberations be conducted openly.
The General Assembly further declares it to be the public policy of this
State that its citizens shall be given advance notice of and the right to
attend all meetings at which any business of a public body is discussed or
acted upon in any way. Exceptions to the public's right to attend exist
only in those limited circumstances where the General Assembly has
specifically determined that the public interest would be clearly
endangered or the personal privacy or guaranteed rights of individuals would
be clearly in danger of unwarranted invasion.
To implement this policy, the General Assembly declares:
(Source: P.A. 88-621, eff. 1-1-95.)
 
(5 ILCS 120/1.01) (from Ch. 102, par. 41.01)
Sec. 1.01.

This Act shall be known and may be cited as the Open Meetings Act.
(Source: P.A. 82-378.)
 
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a
public body held for the purpose of discussing public
business or, for a 5-member public body, a quorum of the members of a public body held for the purpose of discussing public business.
Accordingly, for a 5-member public body, 3 members of the body constitute a quorum and the affirmative vote of 3 members is necessary to adopt any motion, resolution, or ordinance, unless a greater number is otherwise required.
"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 this State, and any subsidiary bodies of any
of the foregoing including but not limited to committees and subcommittees
which are supported in whole or in part by tax revenue, or which expend tax
revenue, except the General Assembly and committees or commissions thereof.
"Public body" includes tourism boards and convention or civic center
boards located in counties that are contiguous to the Mississippi River with
populations of more than 250,000 but less than 300,000. "Public body"
includes the Health Facilities and Services Review Board. "Public body" does not
include a child death review team or the Illinois Child Death Review Teams
Executive Council established under
the Child Death Review Team Act, an ethics commission acting under the State Officials and
Employees Ethics Act, a regional youth advisory board or the Statewide Youth Advisory Board established under the Department of Children and Family Services Statewide Youth Advisory Board Act, or the Illinois Independent Tax Tribunal.


(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
 
(5 ILCS 120/1.05)
Sec. 1.05. Training.
(a) Every public body shall designate employees, officers, or members to receive training on compliance with this Act. Each public body shall submit a list of designated employees, officers, or members to the Public Access Counselor. Within 6 months after January 1, 2010 (the effective date of Public Act 96-542), the designated employees, officers, and members must successfully complete an electronic training curriculum, developed and administered by the Public Access Counselor, and thereafter must successfully complete an annual training program. Thereafter, whenever a public body designates an additional employee, officer, or member to receive this training, that person must successfully complete the electronic training curriculum within 30 days after that designation.
(b) Except as otherwise provided in this Section, each elected or appointed member of a public body subject to this Act who is such a member on January 1, 2012 (the effective date of Public Act 97-504) must successfully complete the electronic training curriculum developed and administered by the Public Access Counselor. For these members, the training must be completed within one year after January 1, 2012 (the effective date of Public Act 97-504).
Except as otherwise provided in this Section, each elected or appointed member of a public body subject to this Act who becomes such a member after January 1, 2012 (the effective date of Public Act 97-504) shall successfully complete the electronic training curriculum developed and administered by the Public Access Counselor. For these members, the training must be completed not later than the 90th day after the date the member:
Each member successfully completing the electronic training curriculum shall file a copy of the certificate of completion with the public body.
Completing the required training as a member of the public body satisfies the requirements of this Section with regard to the member's service on a committee or subcommittee of the public body and the member's ex officio service on any other public body.
The failure of one or more members of a public body to complete the training required by this Section does not affect the validity of an action taken by the public body.
An elected or appointed member of a public body subject to this Act who has successfully completed the training required under this subsection (b) and filed a copy of the certificate of completion with the public body is not required to subsequently complete the training required under this subsection (b).
(c) An elected school board member may satisfy the training requirements of this Section by participating in a course of training sponsored or conducted by an organization created under Article 23 of the School Code. The course of training shall include, but not be limited to, instruction in:
If an organization created under Article 23 of the School Code provides a course of training under this subsection (c), it must provide a certificate of course completion to each school board member who successfully completes that course of training.
(d) A commissioner of a drainage district may satisfy the training requirements of this Section by participating in a course of training sponsored or conducted by an organization that represents the drainage districts created under the Illinois Drainage Code. The course of training shall include, but not be limited to, instruction in:
If an organization that represents the drainage districts created under the Illinois Drainage Code provides a course of training under this subsection (d), it must provide a certificate of course completion to each commissioner who successfully completes that course of training.
(e) A director of a soil and water conservation district may satisfy the training requirements of this Section by participating in a course of training sponsored or conducted by an organization that represents soil and water conservation districts created under the Soil and Water Conservation Districts Act. The course of training shall include, but not be limited to, instruction in:
If an organization that represents the soil and water conservation districts created under the Soil and Water Conservation Districts Act provides a course of training under this subsection (e), it must provide a certificate of course completion to each director who successfully completes that course of training.
(f) An elected or appointed member of a public body of a park district, forest preserve district, or conservation district may satisfy the training requirements of this Section by participating in a course of training sponsored or conducted by an organization that represents the park districts created in the Park District Code. The course of training shall include, but not be limited to, instruction in:
If an organization that represents the park districts created in the Park District Code provides a course of training under this subsection (f), it must provide a certificate of course completion to each elected or appointed member of a public body who successfully completes that course of training.
(g) An elected or appointed member of the board of trustees of a fire protection district may satisfy the training requirements of this Section by participating in a course of training sponsored or conducted by an organization that represents fire protection districts created under the Fire Protection District Act. The course of training shall include, but not be limited to, instruction in:
If an organization that represents fire protection districts organized under the Fire Protection District Act provides a course of training under this subsection (g), it must provide a certificate of course completion to each elected or appointed member of a board of trustees who successfully completes that course of training.
(h) An elected or appointed member of a public body of a municipality may satisfy the training requirements of this Section by participating in a course of training sponsored or conducted by an organization that represents municipalities as designated in Section 1-8-1 of the Illinois Municipal Code. The course of training shall include, but not be limited to, instruction in:
If an organization that represents municipalities as designated in Section 1-8-1 of the Illinois Municipal Code provides a course of training under this subsection (h), it must provide a certificate of course completion to each elected or appointed member of a public body who successfully completes that course of training.
(Source: P.A. 101-233, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
(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:
(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. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
(5 ILCS 120/2.01) (from Ch. 102, par. 42.01)
Sec. 2.01. All meetings required by this Act to be public shall be held at
specified times and places which are convenient and open
to the public. No meeting
required by this Act to be public shall be held on a legal holiday unless
the regular meeting day falls on that holiday.
Except as otherwise provided in this Act, a quorum of members of a public body must be physically present at the location of an open meeting. If, however, an open meeting of a public body (i) with statewide jurisdiction, (ii) that is an Illinois library system with jurisdiction over a specific geographic area of more than 4,500 square miles, (iii) that is a municipal transit district with jurisdiction over a specific geographic area of more than 4,500 square miles, or (iv) that is a local workforce investment area with jurisdiction over a specific geographic area of more than 4,500 square miles is held simultaneously at one of its offices and one or more other locations in a public building, which may include other of its offices, through an interactive video conference and the public body provides public notice and public access as required under this Act for all locations, then members physically present in those locations all count towards determining a quorum. "Public building", as used in this Section, means any building or portion thereof owned or leased by any public body. The requirement that a quorum be physically present at the location of an open meeting shall not apply, however, to State advisory boards or bodies that do not have authority to make binding recommendations or determinations or to take any other substantive action.
Except as otherwise provided in this Act, a quorum of members of a public body that is not (i) a public body with statewide jurisdiction, (ii) an Illinois library system with jurisdiction over a specific geographic area of more than 4,500 square miles, (iii) a municipal transit district with jurisdiction over a specific geographic area of more than 4,500 square miles, or (iv) a local workforce innovation area with jurisdiction over a specific geographic area of more than 4,500 square miles must be physically present at the location of a closed meeting. Other members who are not physically present at a closed meeting of such a public body may participate in the meeting by means of a video or audio conference.
For the purposes of this Section, "local workforce innovation area" means any local workforce innovation area or areas designated by the Governor pursuant to the federal Workforce
Innovation and Opportunity Act or its reauthorizing legislation.
(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
 
(5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
Sec. 2.02. Public notice of all meetings, whether open or closed to
the public, shall be given as follows:
(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
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.
(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.
(c) Any agenda required under this Section shall set forth the general subject matter of any resolution or ordinance that will be the subject of final action at the meeting. The public body conducting a public meeting shall ensure that at least one copy of any requested notice and agenda for the meeting is continuously available for public review during the entire 48-hour period preceding the meeting. Posting of the notice and agenda on a website that is maintained by the public body satisfies the requirement for continuous posting under this subsection (c). If a notice or agenda is not continuously available for the full 48-hour period due to actions outside of the control of the public body, then that lack of availability does not invalidate any meeting or action taken at a meeting.
(Source: P.A. 97-827, eff. 1-1-13.)
 
(5 ILCS 120/2.03) (from Ch. 102, par. 42.03)
Sec. 2.03.

In addition to the notice required by Section 2.02, each body
subject to this Act must, at the beginning of each calendar or fiscal year,
prepare and make available a schedule of all its regular meetings for such
calendar or fiscal year, listing the times and places of such meetings.
If a change is made in regular meeting dates, at least 10 days' notice
of such change shall be given by publication in a newspaper of general
circulation in the area in which such body functions. However, in the case
of bodies of local governmental units with a population of less than 500 in
which no newspaper is published, such 10 days' notice may be given by
posting a notice of such change in at least 3 prominent places within the
governmental unit. Notice of such change shall also be posted at the
principal office of the public body or, if no such office exists, at the
building in which the meeting is to be held. Notice of such change shall
also be supplied to those news media which have filed an annual request for
notice as provided in paragraph (b) of Section 2.02.

(Source: Laws 1967, p. 1960.)
 
(5 ILCS 120/2.04) (from Ch. 102, par. 42.04)
Sec. 2.04.

The notice requirements of this Act are in addition to, and not
in substitution of, any other notice required by law. Failure of any news
medium to receive a notice provided for by this Act shall not invalidate
any meeting provided notice was in fact given in accordance with this Act.

(Source: Laws 1967, p. 1960.)
 
(5 ILCS 120/2.05) (from Ch. 102, par. 42.05)
Sec. 2.05. Recording meetings.
Subject to the provisions of Section
8-701 of the Code of Civil Procedure, any person may
record the
proceedings at meetings required to be open by this Act by tape, film or
other means. The authority
holding the meeting shall prescribe reasonable rules to govern
the right to make such recordings.
If a witness at any meeting required to be open by this Act
which is conducted by a commission, administrative agency or
other tribunal, refuses to testify on the grounds that he may
not be compelled to testify if any portion of his testimony is
to be broadcast or televised or if motion pictures are to be
taken of him while he is testifying, the authority holding the
meeting shall prohibit such recording during the testimony of
the witness. Nothing in this Section shall be construed to
extend the right to refuse to testify at any meeting not
subject to the provisions of Section 8-701 of the Code of Civil Procedure.


(Source: P.A. 94-1058, eff. 1-1-07.)
 
(5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
Sec. 2.06. Minutes; right to speak.
(a) All public bodies shall keep written minutes of all their
meetings, whether open or closed,
and a verbatim
record of all their closed meetings in the form of an audio or video recording.
Minutes
shall include, but need not be limited to:
(b) A public body shall approve the minutes of its open meeting within 30 days after that meeting or at the public body's second subsequent regular meeting, whichever is later. The minutes of meetings open to the public shall be available for
public inspection within 10 days after 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 10 days after 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.
(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
meeting recorded but only after:
(d) Each public body shall periodically
meet to review minutes of all closed meetings. Meetings to review minutes shall occur every 6 months, or as soon thereafter as is practicable, taking into account the nature and meeting schedule of the public body. Committees which are ad hoc in nature shall review closed session minutes at the later of (1) 6 months from the date of the last review of closed session minutes or (2) at the next scheduled meeting of the ad hoc committee. 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
treatment and are available for public inspection. The failure of a public body to strictly comply with the semi-annual review of closed session written minutes, whether before or after the effective date of this amendatory Act of the 94th General Assembly, shall not cause the written minutes or related verbatim record to become public or available for inspection in any judicial proceeding, other than a proceeding involving an alleged violation of this Act, if the public body, within 60 days of discovering its failure to strictly comply with the technical requirements of this subsection, reviews the closed session minutes and determines and thereafter reports in open session that either (1) the need for confidentiality still exists as to all or part of the minutes or verbatim record, or (2) that the minutes or recordings or portions thereof no longer require confidential treatment and are available for public inspection.
(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
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
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. Access to verbatim recordings shall be provided to duly elected officials or appointed officials filling a vacancy of an elected office in a public body, and access shall be granted in the public body's main office or official storage location, in the presence of a records secretary, an administrative official of the public body, or any elected official of the public body. No verbatim recordings shall be recorded or removed from the public body's main office or official storage location, except by vote of the public body or by court order. Nothing in this subsection (e) is intended to limit the Public Access Counselor's access to those records necessary to address a request for administrative review under Section 7.5 of this Act.
(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, except that duly elected officials or appointed officials filling a vacancy of an elected office in a public body shall be provided access to minutes of meetings closed to the public. Access to minutes shall be granted in the public body's main office or official storage location, in the presence of a records secretary, an administrative official of the public body, or any elected official of the public body. No minutes of meetings closed to the public shall be removed from the public body's main office or official storage location, except by vote of the public body or by court order. Nothing in this subsection (f) is intended to limit the Public Access Counselor's access to those records necessary to address a request for administrative review under Section 7.5 of this Act.
(g) Any person shall be permitted an opportunity to address public officials under the rules established and recorded by the public body.
(h) When a public body is dissolved, disbanded, eliminated, or consolidated by executive action, legislative action, or referendum, and its functions and responsibilities are assumed by a unit of local government, the unit of local government which assumes the functions of the prior public body shall review the closed session minutes of that public body pursuant to subsection (d).
(Source: P.A. 102-653, eff. 1-1-22.)
 
(5 ILCS 120/2a) (from Ch. 102, par. 42a)
Sec. 2a.

A public body may hold a meeting closed to the public, or close
a portion of a meeting to the public, upon a majority vote of a quorum present,
taken at a meeting open to the public for which notice has been given as
required by this Act. A single vote may be taken with
respect to a series of meetings, a portion or portions of which are
proposed to be closed to the public, provided each meeting in such series
involves the same particular matters and is scheduled to be held within no
more than 3 months of the vote. The vote of each member on the question of
holding a meeting closed to the public and a citation to the specific
exception contained in Section 2 of this Act which authorizes the closing
of the meeting to the public shall be publicly disclosed at the time of the
vote and
shall be recorded and entered into the minutes
of the meeting. Nothing in this Section or this Act shall be construed to
require that any meeting be closed to the public.
At any open meeting of a public body for which proper notice under this Act
has been given, the body may, without additional notice under Section 2.02,
hold a closed meeting in accordance with this Act.
Only topics
specified in the vote to close under this Section may be considered during
the closed meeting.

(Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.)
 
(5 ILCS 120/2b)
Sec. 2b.
(Repealed).

(Source: Repealed by P.A. 88-621, eff. 1-1-95.)
 
(5 ILCS 120/3) (from Ch. 102, par. 43)
Sec. 3.
(a) Where the provisions of this Act are not complied with, or
where there is probable cause to believe that the provisions of this Act
will not be complied with, any person, including the State's Attorney
of the county in which such noncompliance
may occur, may bring a civil action in the circuit court for the judicial
circuit in which the alleged noncompliance has occurred or is about to occur,
or in which the affected public body has its principal office, prior to
or within 60 days of the meeting alleged to be in
violation of this Act or, if facts concerning the meeting are not discovered
within the 60-day period,
within 60 days of the discovery of a violation by the State's
Attorney or, if the person timely files a request for review under Section 3.5, within 60 days of the decision by the Attorney General to resolve a request for review by a means other than the issuance of a binding opinion under subsection (e) of Section 3.5.
Records that are obtained by a State's Attorney from a public body for purposes of reviewing whether the public body has complied with this Act may not be disclosed to the public. Those records, while in the possession of the State's Attorney, are exempt from disclosure under the Freedom of Information Act.
(b) In deciding such a case the court may examine in camera any portion
of the minutes of a meeting at which a violation of the Act is alleged to
have occurred, and may take such additional evidence as it deems necessary.
(c) The court, having due regard for orderly administration and the public
interest, as well as for the interests of the parties, may grant such
relief as it deems appropriate, including granting a relief
by mandamus requiring that a meeting be open
to the public, granting an injunction against future violations of this
Act, ordering the public body to make available to the public such portion
of the minutes of a meeting as is not
authorized to be kept confidential under this Act, or declaring null and
void any final action taken at a closed meeting in violation of this Act.
(d) The court may assess against any party, except a State's Attorney,
reasonable attorney's fees and other litigation costs reasonably incurred
by any other party who substantially prevails in any action brought in
accordance with this Section, provided that costs may be assessed against
any private party or parties bringing an action pursuant to this Section
only upon the court's determination that the action is malicious or frivolous
in nature.

(Source: P.A. 99-714, eff. 8-5-16.)
 
(5 ILCS 120/3.5)
Sec. 3.5. Public Access Counselor; opinions.
(a) A person who believes that a violation of this Act by a public body has occurred may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the alleged violation. If facts concerning the violation are not discovered within the 60-day period, but are discovered at a later date, not exceeding 2 years after the alleged violation, by a person utilizing reasonable diligence, the request for review may be made within 60 days of the discovery of the alleged violation. The request for review must be in writing, must be signed by the requester, and must include a summary of the facts supporting the allegation. The changes made by this amendatory Act of the 99th General Assembly apply to violations alleged to have occurred at meetings held on or after the effective date of this amendatory Act of the 99th General Assembly.
(b) Upon receipt of a request for review, the Public Access Counselor shall determine whether further action is warranted. If the Public Access Counselor determines from the request for review that the alleged violation is unfounded, he or she shall so advise the requester and the public body and no further action shall be undertaken. In all other cases, the Public Access Counselor shall forward a copy of the request for review to the public body within 7 working days. The Public Access Counselor shall specify the records or other documents that the public body shall furnish to facilitate the review. Within 7 working days after receipt of the request for review, the public body shall provide copies of the records requested and shall otherwise fully cooperate with the Public Access Counselor. If a public body fails to furnish specified records pursuant to this Section, or if otherwise necessary, the Attorney General may issue a subpoena to any person or public body having knowledge of or records pertaining to an alleged violation of this Act. For purposes of conducting a thorough review, the Public Access Counselor has the same right to examine a verbatim recording of a meeting closed to the public or the minutes of a closed meeting as does a court in a civil action brought to enforce this Act.
(c) Within 7 working days after it receives a copy of a request for review and request for production of records from the Public Access Counselor, the public body may, but is not required to, answer the allegations of the request for review. The answer may take the form of a letter, brief, or memorandum. Upon request, the public body may also furnish the Public Access Counselor with a redacted copy of the answer excluding specific references to any matters at issue. The Public Access Counselor shall forward a copy of the answer or redacted answer, if furnished, to the person submitting the request for review. The requester may, but is not required to, respond in writing to the answer within 7 working days and shall provide a copy of the response to the public body.
(d) In addition to the request for review, and the answer and the response thereto, if any, a requester or a public body may furnish affidavits and records concerning any matter germane to the review.
(e) Unless the Public Access Counselor extends the time by no more than 21 business days by sending written notice to the requester and public body that includes a statement of the reasons for the extension in the notice, or decides to address the matter without the issuance of a binding opinion, the Attorney General shall examine the issues and the records, shall make findings of fact and conclusions of law, and shall issue to the requester and the public body an opinion within 60 days after initiating review. The opinion shall be binding upon both the requester and the public body, subject to administrative review under Section 7.5 of this Act.
In responding to any written request under this Section 3.5, the Attorney General may exercise his or her discretion and choose to resolve a request for review by mediation or by a means other than the issuance of a binding opinion. The decision not to issue a binding opinion shall not be reviewable.
Upon receipt of a binding opinion concluding that a violation of this Act has occurred, the public body shall either take necessary action as soon as practical to comply with the directive of the opinion or shall initiate administrative review under Section 7.5. If the opinion concludes that no violation of the Act has occurred, the requester may initiate administrative review under Section 7.5.
(f) If the requester files suit under Section 3 with respect to the same alleged violation that is the subject of a pending request for review, the requester shall notify the Public Access Counselor, and the Public Access Counselor shall take no further action with respect to the request for review and shall so notify the public body.
(g) Records that are obtained by the Public Access Counselor from a public body for purposes of addressing a request for review under this Section 3.5 may not be disclosed to the public, including the requester, by the Public Access Counselor. Those records, while in the possession of the Public Access Counselor, shall be exempt from disclosure by the Public Access Counselor under the Freedom of Information Act.
(h) The Attorney General may also issue advisory opinions to public bodies regarding compliance with this Act. A review may be initiated upon receipt of a written request from the head of the public body or its attorney. The request must contain sufficient accurate facts from which a determination can be made. The Public Access Counselor may request additional information from the public body in order to facilitate the review. A public body that relies in good faith on an advisory opinion of the Attorney General in complying with the requirements of this Act is not liable for penalties under this Act, so long as the facts upon which the opinion is based have been fully and fairly disclosed to the Public Access Counselor.

(Source: P.A. 99-402, eff. 8-19-15.)
 
(5 ILCS 120/4) (from Ch. 102, par. 44)
Sec. 4.

Any person violating any of the provisions of this Act, except subsection (b), (c), (d), (e), or (f) of Section 1.05, shall be guilty
of a Class C misdemeanor.

(Source: P.A. 97-504, eff. 1-1-12; 97-1153, eff. 1-25-13; 98-900, eff. 8-15-14.)
 
(5 ILCS 120/5) (from Ch. 102, par. 45)
Sec. 5.

If any provision of this Act, or the application of this Act to
any particular meeting or type of meeting is held invalid or unconstitutional,
such decision shall not affect the validity of the remaining provisions
or the other applications of this Act.

(Source: Laws 1957, p. 2892.)
 
(5 ILCS 120/6) (from Ch. 102, par. 46)
Sec. 6.

The provisions of this Act constitute minimum requirements for home rule
units; any home rule unit may enact an ordinance prescribing more stringent
requirements binding upon itself which would serve to give further notice
to the public and facilitate public access to meetings.

(Source: P.A. 78-448.)
 
(5 ILCS 120/7)
Sec. 7. Attendance by a means other than physical presence.
(a) If a
quorum of the members of the public body is physically present as required by Section 2.01, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically
attending because of: (i) personal illness or disability; (ii) employment purposes or
the
business of the public body; or (iii) a family or other emergency.
"Other means" is by video or audio conference.
(b) If a member wishes to attend a meeting by other means, the
member must notify the
recording secretary or clerk of the
public body before the meeting unless
advance notice is impractical.
(c) A majority of the public body may allow a member to attend a meeting by other means only in accordance with and to the extent allowed by rules adopted by the public body. The rules must conform to the requirements and restrictions of this Section, may further limit the extent to which attendance by other means is allowed, and may provide for the giving of additional notice to the public or further facilitate public access to meetings.
(d) The limitations of this Section shall not apply to (i) closed meetings of (A) public bodies with statewide jurisdiction, (B) Illinois library systems with jurisdiction over a specific geographic area of more than 4,500 square miles, (C) municipal transit districts with jurisdiction over a specific geographic area of more than 4,500 square miles, or (D) local workforce innovation areas with jurisdiction over a specific geographic area of more than 4,500 square miles or (ii) open or closed meetings of State advisory boards or bodies that do not have authority to make binding recommendations or determinations or to take any other substantive action. State advisory boards or bodies, public bodies with statewide jurisdiction, Illinois library systems with jurisdiction over a specific geographic area of more than 4,500 square miles, municipal transit districts with jurisdiction over a specific geographic area of more than 4,500 square miles, and local workforce investment areas with jurisdiction over a specific geographic area of more than 4,500 square miles, however, may permit members to attend meetings by other means only in accordance with and to the extent allowed by specific procedural rules adopted by the body.
For the purposes of this Section, "local workforce innovation area" means any local workforce innovation area or areas designated by the Governor pursuant to the federal Workforce
Innovation and Opportunity Act or its reauthorizing legislation.
(e) Subject to the requirements of Section 2.06 but notwithstanding any other provision of law, an open or closed meeting subject to this Act may be conducted by audio or video conference, without the physical presence of a quorum of the members, so long as the following conditions are met:
(Source: P.A. 100-477, eff. 9-8-17; 101-640, eff. 6-12-20.)
 
(5 ILCS 120/7.3)
Sec. 7.3. Duty to post information pertaining to benefits offered through the Illinois Municipal Retirement Fund.
(a) Within 6 business days after an employer participating in the Illinois Municipal Retirement Fund approves a budget, that employer must post on its website the total compensation package for each employee having a total compensation package that exceeds $75,000 per year. If the employer does not maintain a website, the employer must post a physical copy of this information at the principal office of the employer. If an employer maintains a website, it may choose to post a physical copy of this information at the principal office of the employer in lieu of posting the information directly on the website; however, the employer must post directions on the website on how to access that information.
(b) At least 6 days before an employer participating in the Illinois Municipal Retirement Fund approves an employee's total compensation package that is equal to or in excess of $150,000 per year, the employer must post on its website the total compensation package for that employee. If the employer does not maintain a website, the employer shall post a physical copy of this information at the principal office of the employer. If an employer maintains a website, it may choose to post a physical copy of this information at the principal office of the employer in lieu of posting the information directly on the website; however, the employer must post directions on the website on how to access that information.
(c) For the purposes of this Section, "total compensation package" means payment by the employer to the employee for salary, health insurance, a housing allowance, a vehicle allowance, a clothing allowance, bonuses, loans, vacation days granted, and sick days granted.

(Source: P.A. 97-609, eff. 1-1-12.)
 
(5 ILCS 120/7.5)
Sec. 7.5. Administrative review. A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for purposes of administrative review under the Administrative Review Law (735 ILCS 5/Art. III). An action for administrative review of a binding opinion of the Attorney General shall be commenced in Cook or Sangamon County. An advisory opinion issued to a public body shall not be considered a final decision of the Attorney General for purposes of this Section.

(Source: P.A. 96-542, eff. 1-1-10.)

Structure Illinois Compiled Statutes