ILCS » Chapter 5 · Act 120
Illinois Compiled Statutes

5 ILCS 120/1.02 (2026)

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

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(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, the Illinois Independent Tax Tribunal, or the regional interagency fatality review teams and the Illinois Fatality Review Team Advisory Council established under the Adult Protective Services Act.
(Source: P.A. 103-626, eff. 1-1-25.)

    
Notes of Decisions
Cited in 27 cases (1 in the last 5 years), 1995–2023 · leading case: Paxson v. Bd. of Educ. of Sch. Dist. No. 87, 658 N.E.2d 1309 (Ill. App. Ct. 1995).
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Paxson v. Bd. of Educ. of Sch. Dist. No. 87, 658 N.E.2d 1309 (Ill. App. Ct. 1995). · cites it 3× “We do note, however, that the Illinois Statute on Statutes specifies that a " '[pjerson’ or 'persons’ as well as all words referring to or importing persons, may extend and be applied to bodies politic and corporate as well as individuals.” (Emphasis added.) (5 ILCS 70/ 1.”
Better Gov't Ass'n v. Illinois High Sch. Ass'n, 2017 IL 121124 (Ill. 2017). · cites it 2× “¶ 25 Although this court has not yet considered whether a private entity could be considered a "subsidiary bod[y]" under the FOIA, the appellate court has considered that issue as applied to both the Open Meetings Act ( 5 ILCS 120/1.”
Morgan v. Dep't of Fin. & Prof'l Reg., 903 N.E.2d 799 (Ill. App. Ct. 2009). · cites it 2× “It notes that the Board members decided at that meeting to revoke respondent's license for a minimum of five years and fine him $44,000 and an order to that effect was signed on September 1, 2005.”
Better Gov't Ass'n v. Illinois High Sch. Ass'n, 2017 IL 121124 (Ill. 2018). · cites it 2× “¶ 25 Although this court has not yet considered whether a private entity could be considered a “subsidiary bod[y]” under the FOIA, the appellate court has considered that issue as applied to both the Open Meetings Act (5 ILCS 120/1.02 (West 2014)) and the FOIA (5 ILCS 140/2…”
Freedom Oil Co. v. Pollution Control Bd., 655 N.E.2d 1184 (Ill. App. Ct. 1995). · cites it 2× “” (5 ILCS 120/1.02 (West 1992).) The minutes of the Board’s meeting of June 6 indicate only two of the Board’s members were actually present at the meeting site and four members were "telephonically connected” and answered present.”
Buckner v. The Univ. Park Police Pension Fund, 2013 IL App (3d) 120231 (Ill. App. Ct. 2013). “5 ILCS 120/1.02 (West 2006). Whether a pension applicant’s due process rights were violated is a question of law this court reviews de novo.”
Bd. of Regents of Regency Univ. Sys. v. Reynard, 686 N.E.2d 1222 (Ill. App. Ct. 1997). “02 of the Act (5 ILCS 120/1.02 (West 1994)) defines "public body” in the following manner: "For the purposes of this Act: 'Public body’ includes all legislative, executive, administrative or advisory bodies of the state, counties, townships, cities, villages, incorporated towns,…”
Am. Fed'n of State, Cnty., & Mun. Employees v. The Illinois Labor Relations Bd., 2017 IL App (5th) 160046 (Ill. App. Ct. 2017). “See 5 ILCS 120/1.02 (West 2014). The Open Meetings Act requires that all meetings of public bodies be open to the public, with certain exceptions.”
Plock v. Bd. of Educ. of Freeport Sch., 920 N.E.2d 1087 (Ill. App. Ct. 2009). “(West 2006)), where members of a public body meet to discuss public business (see 5 ILCS 120/1.02 (West 2006)). See 720 ILCS 5/14 — 3(e) (West 2006) (exempting from the Act the recording of meetings required to be open by the Open Meetings Act).”
Better Gov't Ass'n v. Illinois High Sch. Ass'n, 2016 IL App (1st) 151356 (Ill. App. Ct. 2016). “, however, the Second District articulated a three-part test for determining whether an entity is a “subsidiary body” as the term is used in the Open Meetings Act (5 ILCS 120/1.02 (West 2014)). Because the definition of “public body” is substantially identical in both statutes,…”
Am. Fed'n of State, Cnty., & Mun. Employees v. The Illinois Labor Relations Bd., 2017 IL App (5th) 160046 (Ill. App. Ct. 2018). “See 5 ILCS 120/1.02 (West 2014). The Open Meetings Act requires that all meetings of public bodies be open to the public, with certain exceptions.”
Galena Gazette Publications, Inc. v. Cnty. of Jo Daviess, 872 N.E.2d 1049 (Ill. App. Ct. 2007). · cites it 2× “The County, the County Board, the PDC, and the City Council are all public bodies as defined by the Act (see 5 ILCS 120/1.02 (West 2004)). Therefore, subject to the narrow exceptions in section 2(c) of the Act (5 ILCS 120/2(c) (West 2004)), their meetings must be open to the…”
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