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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB3881eng HB3881 Engrossed LRB9112205JMdv 1 AN ACT concerning open meetings. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Open Meetings Act is amended by changing 5 Section 2 as follows: 6 (5 ILCS 120/2) (from Ch. 102, par. 42) 7 Sec. 2. Open meetings. 8 (a) Openness required. All meetings of public bodies 9 shall be open to the public unless excepted in subsection (c) 10 and closed in accordance with Section 2a. 11 (b) Construction of exceptions. The exceptions 12 contained in subsection (c) are in derogation of the 13 requirement that public bodies meet in the open, and 14 therefore, the exceptions are to be strictly construed, 15 extending only to subjects clearly within their scope. The 16 exceptions authorize but do not require the holding of a 17 closed meeting to discuss a subject included within an 18 enumerated exception. 19 (c) Exceptions. A public body may hold closed meetings 20 to consider the following subjects: 21 (1) The appointment, employment, compensation, 22 discipline, performance, or dismissal of specific 23 employees of the public body, including hearing testimony 24 on a complaint lodged against an employee to determine 25 its validity. 26 (2) Collective negotiating matters between the 27 public body and its employees or their representatives, 28 or deliberations concerning salary schedules for one or 29 more classes of employees. 30 (3) The selection of a person to fill a public 31 office, as defined in this Act, including a vacancy in a HB3881 Engrossed -2- LRB9112205JMdv 1 public office, when the public body is given power to 2 appoint under law or ordinance, or the discipline, 3 performance or removal of the occupant of a public 4 office, when the public body is given power to remove the 5 occupant under law or ordinance. 6 (4) Evidence or testimony presented in open 7 hearing, or in closed hearing where specifically 8 authorized by law, to a quasi-adjudicative body, as 9 defined in this Act, provided that the body prepares and 10 makes available for public inspection a written decision 11 setting forth its determinative reasoning. 12 (5) The purchase or lease of real property for the 13 use of the public body, including meetings held for the 14 purpose of discussing whether a particular parcel should 15 be acquired. 16 (6) The setting of a price for sale or lease of 17 property owned by the public body. 18 (7) The sale or purchase of securities, 19 investments, or investment contracts. 20 (8)EmergencySecurity procedures and the use of 21 personnel and equipment to respond to an actual, a 22 threatened, or a reasonably potential danger to the 23 safety of employees, students, staff or public property,24provided that a description of the actual danger shall be25made a part of the motion to close the meeting. 26 (9) Student disciplinary cases. 27 (10) The placement of individual students in 28 special education programs and other matters relating to 29 individual students. 30 (11) Litigation, when an action against, affecting 31 or on behalf of the particular public body has been filed 32 and is pending before a court or administrative tribunal, 33 or when the public body finds that an action is probable 34 or imminent, in which case the basis for the finding HB3881 Engrossed -3- LRB9112205JMdv 1 shall be recorded and entered into the minutes of the 2 closed meeting. 3 (12) The establishment of reserves or settlement of 4 claims as provided in the Local Governmental and 5 Governmental Employees Tort Immunity Act, if otherwise 6 the disposition of a claim or potential claim might be 7 prejudiced, or the review or discussion of claims, loss 8 or risk management information, records, data, advice or 9 communications from or with respect to any insurer of the 10 public body or any intergovernmental risk management 11 association or self insurance pool of which the public 12 body is a member. 13 (13) Conciliation of complaints of discrimination 14 in the sale or rental of housing, when closed meetings 15 are authorized by the law or ordinance prescribing fair 16 housing practices and creating a commission or 17 administrative agency for their enforcement. 18 (14) Informant sources, the hiring or assignment of 19 undercover personnel or equipment, or ongoing, prior or 20 future criminal investigations, when discussed by a 21 public body with criminal investigatory responsibilities. 22 (15) Professional ethics or performance when 23 considered by an advisory body appointed to advise a 24 licensing or regulatory agency on matters germane to the 25 advisory body's field of competence. 26 (16) Self evaluation, practices and procedures or 27 professional ethics, when meeting with a representative 28 of a statewide association of which the public body is a 29 member. 30 (17) The recruitment, credentialing, discipline or 31 formal peer review of physicians or other health care 32 professionals for a hospital, or other institution 33 providing medical care, that is operated by the public 34 body. HB3881 Engrossed -4- LRB9112205JMdv 1 (18) Deliberations for decisions of the Prisoner 2 Review Board. 3 (19) Review or discussion of applications received 4 under the Experimental Organ Transplantation Procedures 5 Act. 6 (20) The classification and discussion of matters 7 classified as confidential or continued confidential by 8 the State Employees Suggestion Award Board. 9 (21) Discussion of minutes of meetings lawfully 10 closed under this Act, whether for purposes of approval 11 by the body of the minutes or semi-annual review of the 12 minutes as mandated by Section 2.06. 13 (22) Deliberations for decisions of the State 14 Emergency Medical Services Disciplinary Review Board. 15 (23) The operation by a municipality of a municipal 16 utility or the operation of a municipal power agency or 17 municipal natural gas agency when the discussion involves 18 (i) contracts relating to the purchase, sale, or delivery 19 of electricity or natural gas or (ii) the results or 20 conclusions of load forecast studies. 21 (d) Definitions. For purposes of this Section: 22 "Employee" means a person employed by a public body whose 23 relationship with the public body constitutes an 24 employer-employee relationship under the usual common law 25 rules, and who is not an independent contractor. 26 "Public office" means a position created by or under the 27 Constitution or laws of this State, the occupant of which is 28 charged with the exercise of some portion of the sovereign 29 power of this State. The term "public office" shall include 30 members of the public body, but it shall not include 31 organizational positions filled by members thereof, whether 32 established by law or by a public body itself, that exist to 33 assist the body in the conduct of its business. 34 "Quasi-adjudicative body" means an administrative body HB3881 Engrossed -5- LRB9112205JMdv 1 charged by law or ordinance with the responsibility to 2 conduct hearings, receive evidence or testimony and make 3 determinations based thereon, but does not include local 4 electoral boards when such bodies are considering petition 5 challenges. 6 (e) Final action. No final action may be taken at a 7 closed meeting. Final action shall be preceded by a public 8 recital of the nature of the matter being considered and 9 other information that will inform the public of the business 10 being conducted. 11 (Source: P.A. 89-86, eff. 6-30-95; 89-177, eff. 7-19-95; 12 89-626, eff. 8-9-96; 90-144, eff. 7-23-97.)