Guidelines to the Opening Meetings Act

All public meetings are required to be open to the public, unless one of the exceptions outlined in Section 2, Subsection c of the Open Meetings Act is satisfied. The exceptions to the opening meetings requirement are to be construed narrowly, so as to best achieve the ends of openness and government accountability.

The public body is required to schedule 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 meeting, though the topic of discussion may diverge from the agenda without notice.

Special meetings require 48-hour notice, unless there is a bona fide emergency. If there is a change in a regular meeting, then the public body is required to provide at least 10 days’ notice. Notice shall be give by publication in a newspaper circulation in the area in which such body functions and notice shall be posted at the principal office of the public body, or if there is no such place, then at the building where the meeting will be held.

All public bodies are required to keep written minutes, whether open or closed, and a verbatim record of all of their closed meetings in the form of audio or video recording. Minutes for open meetings shall be made public within 7 days of the approval of such minutes by the public body. The verbatim account of a closed meeting must be kept for at least 18 months and may not be destroyed until the public body approves the minutes from the closed meeting.

Public bodies must meet at least semi-annually to review minutes from closed meetings and determine whether the need for confidentiality still exists or whether the need has dissolved. Unless the public body decides that confidentiality is no longer necessary, the verbatim record must remain sealed, except in the case of a judicial proceeding. To ensure compliance with the Open Meetings Act a judge may review the record, but must conduct the case in camera, so as to protect the confidentiality of the record.

A public body may close a meeting or a portion of a meeting, upon a majority vote of a quorum present; the vote must be open to the public. Only issues intended to be discussed during the closed meeting, may in fact be discussed during the closed portion of the meeting.

Where the provisions of the Closed Meetings Act are not complied with, or where there is probable cause to believe that the provisions of the Act will not be complied with, any person, including the State’s Attorney of the county in which the noncompliance has or 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, prior to or within 60 days of the meeting alleged to be in violation of the Act. If the violation is not discovered with the 60 days following the meeting, then the action may be filed within 60 days of the discovery of a violation by the State’s attorney.

The court can grant whatever relief it feels just. Additionally 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 in accordance with the Open Meetings Act.

Read the Illinois Open Meetings Act