093_HB0105enr

 
HB0105 Enrolled                      LRB093 02080 JAM 02084 b

 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
 
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 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)  Security  procedures  and  the use of personnel
21        and equipment to respond to an actual, a threatened, or a
22        reasonably potential danger to the safety  of  employees,
23        students, staff, the public, or public property.
24             (9)  Student disciplinary cases.
25             (10)  The   placement   of  individual  students  in
26        special education programs and other matters relating  to
27        individual students.
28             (11)  Litigation,  when an action against, affecting
29        or on behalf of the particular public body has been filed
30        and is pending before a court or administrative tribunal,
31        or when the public body finds that an action is  probable
32        or  imminent,  in  which  case  the basis for the finding
33        shall be recorded and entered into  the  minutes  of  the
34        closed meeting.
 
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 1             (12)  The establishment of reserves or settlement of
 2        claims   as   provided  in  the  Local  Governmental  and
 3        Governmental Employees Tort Immunity  Act,  if  otherwise
 4        the  disposition  of  a claim or potential claim might be
 5        prejudiced, or the review or discussion of  claims,  loss
 6        or  risk management information, records, data, advice or
 7        communications from or with respect to any insurer of the
 8        public body  or  any  intergovernmental  risk  management
 9        association  or  self  insurance pool of which the public
10        body is a member.
11             (13)  Conciliation of complaints  of  discrimination
12        in  the  sale  or rental of housing, when closed meetings
13        are authorized by the law or ordinance  prescribing  fair
14        housing   practices   and   creating   a   commission  or
15        administrative agency for their enforcement.
16             (14)  Informant sources, the hiring or assignment of
17        undercover personnel or equipment, or ongoing,  prior  or
18        future  criminal  investigations,  when  discussed  by  a
19        public body with criminal investigatory responsibilities.
20             (15)  Professional   ethics   or   performance  when
21        considered by an advisory  body  appointed  to  advise  a
22        licensing  or regulatory agency on matters germane to the
23        advisory body's field of competence.
24             (16)  Self evaluation, practices and  procedures  or
25        professional  ethics,  when meeting with a representative
26        of a statewide association of which the public body is  a
27        member.
28             (17)  The  recruitment, credentialing, discipline or
29        formal peer review of physicians  or  other  health  care
30        professionals   for  a  hospital,  or  other  institution
31        providing medical care, that is operated  by  the  public
32        body.
33             (18)  Deliberations  for  decisions  of the Prisoner
34        Review Board.
 
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 1             (19)  Review or discussion of applications  received
 2        under  the  Experimental Organ Transplantation Procedures
 3        Act.
 4             (20)  The classification and discussion  of  matters
 5        classified  as  confidential or continued confidential by
 6        the State Employees Suggestion Award Board.
 7             (21)  Discussion of  minutes  of  meetings  lawfully
 8        closed  under  this Act, whether for purposes of approval
 9        by the body of the minutes or semi-annual review  of  the
10        minutes as mandated by Section 2.06.
11             (22)  Deliberations   for  decisions  of  the  State
12        Emergency Medical Services Disciplinary Review Board.
13             (23)  The operation by a municipality of a municipal
14        utility or the operation of a municipal power  agency  or
15        municipal natural gas agency when the discussion involves
16        (i) contracts relating to the purchase, sale, or delivery
17        of  electricity  or  natural  gas  or (ii) the results or
18        conclusions of load forecast studies.

19        (d)  Definitions.  For purposes of this Section:
20        "Employee" means a person employed by a public body whose
21    relationship   with   the   public   body   constitutes    an
22    employer-employee  relationship  under  the  usual common law
23    rules, and who is not an independent contractor.
24        "Public office" means a position created by or under  the
25    Constitution  or laws of this State, the occupant of which is
26    charged with the exercise of some portion  of  the  sovereign
27    power  of  this State. The term "public office" shall include
28    members  of  the  public  body,  but  it  shall  not  include
29    organizational positions filled by members  thereof,  whether
30    established  by law or by a public body itself, that exist to
31    assist the body in the conduct of its business.
32        "Quasi-adjudicative body" means  an  administrative  body
33    charged  by  law  or  ordinance  with  the  responsibility to
34    conduct hearings, receive  evidence  or  testimony  and  make
 
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 1    determinations  based  thereon,  but  does  not include local
 2    electoral boards when such bodies  are  considering  petition
 3    challenges.
 4        (e)  Final  action.   No  final  action may be taken at a
 5    closed meeting. Final action shall be preceded  by  a  public
 6    recital  of  the  nature  of  the matter being considered and
 7    other information that will inform the public of the business
 8    being conducted.
 9    (Source: P.A. 90-144, eff. 7-23-97; 91-730, eff. 1-1-01.)

10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.