(5 ILCS 120/2) (from Ch. 102, par. 42) (Text of Section from P.A. 104-438) 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: (1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific employees, specific individuals who serve as independent contractors in a park, recreational, or educational setting, or specific volunteers of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee, a specific individual who serves as an independent contractor in a park, recreational, or educational setting, or a volunteer of the public body or against legal counsel for the public body to determine its validity. However, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.
(3) The selection of a person to fill a public
office, as defined in this Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.
(4.5) Evidence or testimony presented to a school
board regarding denial of admission to school events or property pursuant to Section 24-24 of the School Code, provided that the school board prepares and makes available for public inspection a written decision setting forth its determinative reasoning.
(5) The purchase or lease of real property for the
use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to the investment of assets or income of funds deposited into the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property.
(9) Student disciplinary cases. (10) The placement of individual students in special
education programs and other matters relating to individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are authorized by the law or ordinance prescribing fair housing practices and creating a commission or administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body's field of competence.
(16) Self evaluation, practices and procedures, or
professional ethics, when meeting with a representative of a statewide or regional association of which the public body is a member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care professionals, or for the discussion of matters protected under the federal Patient Safety and Quality Improvement Act of 2005, and the regulations promulgated thereunder, including 42 C.F.R. Part 3 (73 FR 70732), or the federal Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including 45 C.F.R. Parts 160, 162, and 164, by a hospital, or other institution providing medical care, that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully
closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves (i) contracts relating to the purchase, sale, or delivery of electricity or natural gas or (ii) the results or conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review Team Act.
(27) (Blank). (28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America.
(30) (Blank). (31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion involves review by the Regional Transportation Authority Board of employment contracts under Section 28d of the Metropolitan Transit Authority Act and Sections 3A.18 and 3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created under Section 320 of the Illinois Controlled Substances Act during which specific controlled substance prescriber, dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there is discussed any of the following: (i) personal, commercial, financial, or other information obtained from any source that is privileged, proprietary, confidential, or a trade secret; or (ii) information specifically exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification Review Panel, and the Illinois State Police Merit Board regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board that occur in closed executive session under subsection (d) of Section 35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners Identification Card Act.
(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. 103-311, eff. 7-28-23; 103-626, eff. 1-1-25; 104-438, eff. 1-1-26.)
(Text of Section from P.A. 104-457, Article 10, Section 10-5) 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: (1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific employees, specific individuals who serve as independent contractors in a park, recreational, or educational setting, or specific volunteers of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee, a specific individual who serves as an independent contractor in a park, recreational, or educational setting, or a volunteer of the public body or against legal counsel for the public body to determine its validity. However, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.
(3) The selection of a person to fill a public
office, as defined in this Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.
(4.5) Evidence or testimony presented to a school
board regarding denial of admission to school events or property pursuant to Section 24-24 of the School Code, provided that the school board prepares and makes available for public inspection a written decision setting forth its determinative reasoning.
(5) The purchase or lease of real property for the
use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to the investment of assets or income of funds deposited into the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property.
(9) Student disciplinary cases. (10) The placement of individual students in special
education programs and other matters relating to individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self-insurance pool of which the public body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are authorized by the law or ordinance prescribing fair housing practices and creating a commission or administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of a statewide association of which the public body is a member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care professionals, or for the discussion of matters protected under the federal Patient Safety and Quality Improvement Act of 2005, and the regulations promulgated thereunder, including 42 C.F.R. Part 3 (73 FR 70732), or the federal Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including 45 C.F.R. Parts 160, 162, and 164, by a hospital, or other institution providing medical care, that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully
closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves (i) contracts relating to the purchase, sale, or delivery of electricity or natural gas or (ii) the results or conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review Team Act.
(27) (Blank). (28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America.
(30) (Blank). (31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act.
(32) Meetings between the Northern Illinois Transit
Authority Board and its Service Boards when the discussion involves review by the Northern Illinois Transit Authority Board of employment contracts under Section 28d of the Chicago Transit Authority Act and Sections 3A.18 and 3B.26 of the Northern Illinois Transit Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created under Section 320 of the Illinois Controlled Substances Act during which specific controlled substance prescriber, dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there is discussed any of the following: (i) personal, commercial, financial, or other information obtained from any source that is privileged, proprietary, confidential, or a trade secret; or (ii) information specifically exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification Review Panel, and the Illinois State Police Merit Board regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board that occur in closed executive session under subsection (d) of Section 35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners Identification Card Act.
(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. 103-311, eff. 7-28-23; 103-626, eff. 1-1-25; 104-457, Article 10, Section 10-5, eff. 6-1-26.)
(Text of Section from P.A. 104-457, Article 15, Section 15-5) 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: (1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific employees, specific individuals who serve as independent contractors in a park, recreational, or educational setting, or specific volunteers of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee, a specific individual who serves as an independent contractor in a park, recreational, or educational setting, or a volunteer of the public body or against legal counsel for the public body to determine its validity. However, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.
(3) The selection of a person to fill a public
office, as defined in this Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.
(4.5) Evidence or testimony presented to a school
board regarding denial of admission to school events or property pursuant to Section 24-24 of the School Code, provided that the school board prepares and makes available for public inspection a written decision setting forth its determinative reasoning.
(5) The purchase or lease of real property for the
use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to the investment of assets or income of funds deposited into the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property.
(9) Student disciplinary cases. (10) The placement of individual students in special
education programs and other matters relating to individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self-insurance pool of which the public body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are authorized by the law or ordinance prescribing fair housing practices and creating a commission or administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of a statewide association of which the public body is a member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care professionals, or for the discussion of matters protected under the federal Patient Safety and Quality Improvement Act of 2005, and the regulations promulgated thereunder, including 42 C.F.R. Part 3 (73 FR 70732), or the federal Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including 45 C.F.R. Parts 160, 162, and 164, by a hospital, or other institution providing medical care, that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully
closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves (i) contracts relating to the purchase, sale, or delivery of electricity or natural gas or (ii) the results or conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review Team Act.
(27) (Blank). (28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America.
(30) (Blank). (31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act.
(32) Meetings between the Northern Illinois Transit
Authority Board and its Service Boards when the discussion involves review by the Northern Illinois Transit Authority Board of employment contracts under Section 28d of the Metropolitan Transit Authority Act and Sections 3A.18 and 3B.26 of the Northern Illinois Transit Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created under Section 320 of the Illinois Controlled Substances Act during which specific controlled substance prescriber, dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there is discussed any of the following: (i) personal, commercial, financial, or other information obtained from any source that is privileged, proprietary, confidential, or a trade secret; or (ii) information specifically exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification Review Panel, and the Illinois State Police Merit Board regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board that occur in closed executive session under subsection (d) of Section 35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners Identification Card Act.
(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. 103-311, eff. 7-28-23; 103-626, eff. 1-1-25; 104-457, Article 15, Section 15-5, eff. 6-1-26.)
(Text of Section from P.A. 104-458) 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: (1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific employees, specific individuals who serve as independent contractors in a park, recreational, or educational setting, or specific volunteers of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee, a specific individual who serves as an independent contractor in a park, recreational, or educational setting, or a volunteer of the public body or against legal counsel for the public body to determine its validity. However, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.
(3) The selection of a person to fill a public
office, as defined in this Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.
(4.5) Evidence or testimony presented to a school
board regarding denial of admission to school events or property pursuant to Section 24-24 of the School Code, provided that the school board prepares and makes available for public inspection a written decision setting forth its determinative reasoning.
(5) The purchase or lease of real property for the
use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.
(6) The setting of a price for sale or lease of
property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to the investment of assets or income of funds deposited into the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property.
(9) Student disciplinary cases. (10) The placement of individual students in special
education programs and other matters relating to individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are authorized by the law or ordinance prescribing fair housing practices and creating a commission or administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of a statewide association of which the public body is a member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care professionals, or for the discussion of matters protected under the federal Patient Safety and Quality Improvement Act of 2005, and the regulations promulgated thereunder, including 42 C.F.R. Part 3 (73 FR 70732), or the federal Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including 45 C.F.R. Parts 160, 162, and 164, by a hospital, or other institution providing medical care, that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully
closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves: (i) trade secrets or commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged, or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business; or commercially sensitive information contained in offers to buy or sell made in the competitive markets of a regional transmission organization; and only insofar as the discussion relates directly to such trade secrets or information; (ii) physical or cybersecurity of facilities or materials designated as Critical Energy/Electric Infrastructure Information under federal law or regulation; or (iii) ongoing contract negotiations or results of a request for proposals relating to the purchase, sale, or delivery of electricity or natural gas from nonaffiliate entities; provided however, the municipality, municipal power agency, or municipal natural gas agency shall hold at least one public meeting as to any contract discussed in whole or in part in closed session prior to final action on the contract.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review Team Act.
(27) (Blank). (28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America.
(30) (Blank). (31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion involves review by the Regional Transportation Authority Board of employment contracts under Section 28d of the Metropolitan Transit Authority Act and Sections 3A.18 and 3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created under Section 320 of the Illinois Controlled Substances Act during which specific controlled substance prescriber, dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there is discussed any of the following: (i) personal, commercial, financial, or other information obtained from any source that is privileged, proprietary, confidential, or a trade secret; or (ii) information specifically exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification Review Panel, and the Illinois State Police Merit Board regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board that occur in closed executive session under subsection (d) of Section 35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence Fatality Review Act.
(40) Meetings of the Firearm Owner's Identification
Card Review Board under Section 10 of the Firearm Owners Identification Card Act.
(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. 103-311, eff. 7-28-23; 103-626, eff. 1-1-25; 104-458, eff. 6-1-26.)
Notes of Decisions
Cited in 67
cases (9 in the last 5 years), 1993–2026 · leading case: Henry v. Anderson, 827 N.E.2d 522 (Ill. App. Ct. 2005).
Henry v. Anderson, 827 N.E.2d 522 (Ill. App. Ct. 2005). · cites it 11ד5 ILCS 120/2(a) (West 2002). These exceptions “shall be strictly construed against closed meetings.”
Roxana Cmty. Unit Sch. Dist. No. 1 v. Env't Prot. Agency, 2013 IL App (4th) 120825 (Ill. App. Ct. 2013). · cites it 4ד” 5 ILCS 120/2(a), (b) (West 2010)). Section 2(c) of the Open Meetings Act delineates 25 different exceptions that permit closed sessions under various scenarios.”
Howe v. Ret. Bd. of the Firemen's Annuity & Benefit Fund, 2013 IL App (1st) 122446 (Ill. App. Ct. 2013). · cites it 3דPresumably, it was to deliberate on the evidence presented before a quasi- adjudicative body as permitted by section 2(c)(4) of the Open Meetings Act (5 ILCS 120/2(c)(4) (West 2010)). We do not find this apparent violation to be material, but point it out to illustrate another…”
Morgan v. Dep't of Fin. & Prof'l Reg., 903 N.E.2d 799 (Ill. App. Ct. 2009). · cites it 2דWe observe that the Board was obligated to decide the case at an open meeting under section 2 of the Open Meetings Act (5 ILCS 120/2 (West 2004)), which states that "[a]ll meetings of public bodies shall be open to the public" unless otherwise specified by statute.”
Mckee v. Bd. of Police Pension Fund, 855 N.E.2d 571 (Ill. App. Ct. 2006). · cites it 2דPlaintiff claims he was denied due process when the Board conducted deliberations in a closed session in contravention of the Illinois Open Meetings Act (Act) (5 ILCS 120/2 (West 2004)) and the Board’s own rules and regulations.”
Am. Fed'n of State, Cnty., & Mun. Employees v. The Illinois Labor Relations Bd., 2017 IL App (5th) 160046 (Ill. App. Ct. 2017). · cites it 3ד5 ILCS 120/2(a) (West 2014). Under one exception, a public body may hold a closed meeting to consider the evidence and testimony that was presented in an open meeting, "provided that the body prepares and makes available for public inspection a written decision setting forth its…”
Lawrence v. Williams, 2013 IL App (1st) 130757 (Ill. App. Ct. 2013). · cites it 2ד” 5 ILCS 120/2 (West 2010). Section 2.01 of the Act provides “[a] quorum of members of a public body must be physically present at the location of an open meeting.”
Bd. of Educ. of Springfield Sch. Dist. No. 186 v. Attorney Gen., 2017 IL 120343 (Ill. 2017). · cites it 2ד” 5 ILCS 120/2(c)(1) (West -5- 2012). However, section 2(e) of the Open Meetings Act provides: “No final action may be taken at a closed meeting.”
LeCompte v. Zoning Bd. of Appeal for the Vill. of Barrington Hills, 2011 IL App (1st) 100423 (Ill. App. Ct. 2011). “(West 2008)) in their reply brief should be stricken because it was not made in the administrative proceedings, in the circuit court or in its initial appellate brief. The LeComptes argue in their reply brief that the Zoning Board violated the Act when it (1) failed to vote in…”
Allen v. Clark Cnty. Park Dist. Bd. of Commissioners, 2016 IL App (4th) 150963 (Ill. App. Ct. 2017). · cites it 6דSection 2(e) of the Open Meetings Act ¶ 20 Section 2 of the Act (5 ILCS 120/2 (West 2014)) is entitled “Open Meetings.”
Roxana Cmty. Unit Sch. Dist. No. 1 v. Env't Prot. Agency, 2013 IL App (4th) 120825 (Ill. App. Ct. 2013). “” 5 ILCS 120/2(a), (b) (West 2010)). Section 2(c) of the Open Meetings Act delineates 25 different exceptions that permit closed sessions under various scenarios.”
Henry v. Anderson, 827 N.E.2d 522 (Ill. App. Ct. 2005). “5 ILCS 120/2(a) (West 2002). These exceptions “shall be strictly construed against closed meetings.”
Am. Fed'n of State, Cnty., & Mun. Employees v. The Illinois Labor Relations Bd., 2017 IL App (5th) 160046 (Ill. App. Ct. 2017). “5 ILCS 120/2(a) (West 2014). Under one exception, a public body may hold a closed meeting to consider the evidence and testimony that was presented in an open meeting, "provided that the body prepares and makes available for public inspection a written decision setting forth its…”
Roxana Cmty. Unit Sch. Dist. No. 1 v. Env't Prot. Agency, 2013 IL App (4th) 120825 (Ill. App. Ct. 2013). “” 5 ILCS 120/2(a), (b) (West 2010)). Section 2(c) of the Open Meetings Act delineates 25 different exceptions that permit closed sessions under various scenarios.”
Henry v. Anderson, 827 N.E.2d 522 (Ill. App. Ct. 2005). “5 ILCS 120/2(a) (West 2002). These exceptions “shall be strictly construed against closed meetings.”
Allen v. Clark Cnty. Park Dist. Bd. of Commissioners, 2016 IL App (4th) 150963 (Ill. App. Ct. 2017). “Section 2(e) of the Open Meetings Act ¶ 20 Section 2 of the Act (5 ILCS 120/2 (West 2014)) is entitled “Open Meetings.”
Henry v. Anderson, 827 N.E.2d 522 (Ill. App. Ct. 2005). “5 ILCS 120/2(a) (West 2002). These exceptions “shall be strictly construed against closed meetings.”
Howe v. Ret. Bd. of the Firemen's Annuity & Benefit Fund, 2013 IL App (1st) 122446 (Ill. App. Ct. 2013). “Presumably, it was to deliberate on the evidence presented before a quasi- adjudicative body as permitted by section 2(c)(4) of the Open Meetings Act (5 ILCS 120/2(c)(4) (West 2010)). We do not find this apparent violation to be material, but point it out to illustrate another…”
LeCompte v. Zoning Bd. of Appeal for the Vill. of Barrington Hills, 2011 IL App (1st) 100423 (Ill. App. Ct. 2011). “(West 2008)) in their reply brief should be stricken because it was not made in the administrative proceedings, in the circuit court or in its initial appellate brief. The LeComptes argue in their reply brief that the Zoning Board violated the Act when it (1) failed to vote in…”
Roxana Cmty. Unit Sch. Dist. No. 1 v. Env't Prot. Agency, 2013 IL App (4th) 120825 (Ill. App. Ct. 2013). “” 5 ILCS 120/2(a), (b) (West 2010)). Section 2(c) of the Open Meetings Act delineates 25 different exceptions that permit closed sessions under various scenarios.”
Mckee v. Bd. of Police Pension Fund, 855 N.E.2d 571 (Ill. App. Ct. 2006). “Plaintiff claims he was denied due process when the Board conducted deliberations in a closed session in contravention of the Illinois Open Meetings Act (Act) (5 ILCS 120/2 (West 2004)) and the Board’s own rules and regulations.”
Henry v. Anderson, 827 N.E.2d 522 (Ill. App. Ct. 2005). “5 ILCS 120/2(a) (West 2002). These exceptions “shall be strictly construed against closed meetings.”
Henry v. Anderson, 827 N.E.2d 522 (Ill. App. Ct. 2005). “5 ILCS 120/2(a) (West 2002). These exceptions “shall be strictly construed against closed meetings.”
Roxana Cmty. Unit Sch. Dist. No. 1 v. Env't Prot. Agency, 2013 IL App (4th) 120825 (Ill. App. Ct. 2013). “” 5 ILCS 120/2(a), (b) (West 2010)). Section 2(c) of the Open Meetings Act delineates 25 different exceptions that permit closed sessions under various scenarios.”
Allen v. Clark Cnty. Park Dist. Bd. of Commissioners, 2016 IL App (4th) 150963 (Ill. App. Ct. 2017). “Section 2(e) of the Open Meetings Act ¶ 20 Section 2 of the Act (5 ILCS 120/2 (West 2014)) is entitled “Open Meetings.”
Lawrence v. Williams, 2013 IL App (1st) 130757 (Ill. App. Ct. 2013). “” 5 ILCS 120/2 (West 2010). Section 2.01 of the Act provides “[a] quorum of members of a public body must be physically present at the location of an open meeting.”
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