Full Text of HB2124 101st General Assembly
HB2124 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2124 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
|
5 ILCS 120/2 | from Ch. 102, par. 42 |
|
Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider the appointment, employment, compensation, discipline, performance,
or dismissal of specific employees, specific independent contractors, or specific volunteers (currently, only specific employees) of the public body or legal counsel for
the public body, including hearing
testimony on a complaint lodged against an employee, independent contractor, or volunteer of the public body or
against legal counsel for the public body to determine its validity. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB2124 | | LRB101 07307 RJF 52347 b |
|
| 1 | | AN ACT concerning government.
| 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 shall | 9 | | be open to the public unless excepted in subsection (c)
and | 10 | | closed in accordance with Section 2a.
| 11 | | (b) Construction of exceptions. The exceptions contained | 12 | | in subsection
(c) are in derogation of the requirement that | 13 | | public bodies
meet in the open, and therefore, the exceptions | 14 | | are to be strictly
construed, extending only to subjects | 15 | | clearly within their scope.
The exceptions authorize but do not | 16 | | require the holding of
a closed meeting to discuss a subject | 17 | | included within an enumerated exception.
| 18 | | (c) Exceptions. A public body may hold closed meetings to | 19 | | consider the
following subjects:
| 20 | | (1) The appointment, employment, compensation, | 21 | | discipline, performance,
or dismissal of specific | 22 | | employees , specific independent contractors, or specific | 23 | | volunteers of the public body or legal counsel for
the |
| | | HB2124 | - 2 - | LRB101 07307 RJF 52347 b |
|
| 1 | | public body, including hearing
testimony on a complaint | 2 | | lodged against an employee , independent contractor, or | 3 | | volunteer of the public body or
against legal counsel for | 4 | | the public body to determine its validity. However, a | 5 | | meeting to consider an increase in compensation to a | 6 | | specific employee of a public body that is subject to the | 7 | | Local Government Wage Increase Transparency Act may not be | 8 | | closed and shall be open to the public and posted and held | 9 | | in accordance with this Act.
| 10 | | (2) Collective negotiating matters between the public | 11 | | body and its
employees or their representatives, or | 12 | | deliberations concerning salary
schedules for one or more | 13 | | classes of employees.
| 14 | | (3) The selection of a person to fill a public office,
| 15 | | as defined in this Act, including a vacancy in a public | 16 | | office, when the public
body is given power to appoint | 17 | | under law or ordinance, or the discipline,
performance or | 18 | | removal of the occupant of a public office, when the public | 19 | | body
is given power to remove the occupant under law or | 20 | | ordinance.
| 21 | | (4) Evidence or testimony presented in open hearing, or | 22 | | in closed
hearing where specifically authorized by law, to
| 23 | | a quasi-adjudicative body, as defined in this Act, provided | 24 | | that the body
prepares and makes available for public | 25 | | inspection a written decision
setting forth its | 26 | | determinative reasoning.
|
| | | HB2124 | - 3 - | LRB101 07307 RJF 52347 b |
|
| 1 | | (5) The purchase or lease of real property for the use | 2 | | of
the public body, including meetings held for the purpose | 3 | | of discussing
whether a particular parcel should be | 4 | | acquired.
| 5 | | (6) The setting of a price for sale or lease of | 6 | | property owned
by the public body.
| 7 | | (7) The sale or purchase of securities, investments, or | 8 | | investment
contracts. This exception shall not apply to the | 9 | | investment of assets or income of funds deposited into the | 10 | | Illinois Prepaid Tuition Trust Fund.
| 11 | | (8) Security procedures, school building safety and | 12 | | security, and the use of personnel and
equipment to respond | 13 | | to an actual, a threatened, or a reasonably
potential | 14 | | danger to the safety of employees, students, staff, the | 15 | | public, or
public
property.
| 16 | | (9) Student disciplinary cases.
| 17 | | (10) The placement of individual students in special | 18 | | education
programs and other matters relating to | 19 | | individual students.
| 20 | | (11) Litigation, when an action against, affecting or | 21 | | on behalf of the
particular public body has been filed and | 22 | | is pending before a court or
administrative tribunal, or | 23 | | when the public body finds that an action is
probable or | 24 | | imminent, in which case the basis for the finding shall be
| 25 | | recorded and entered into the minutes of the closed | 26 | | meeting.
|
| | | HB2124 | - 4 - | LRB101 07307 RJF 52347 b |
|
| 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 the | 4 | | disposition of a claim or potential claim might be
| 5 | | prejudiced, or the review or discussion of claims, loss or | 6 | | 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 body | 10 | | is a member.
| 11 | | (13) Conciliation of complaints of discrimination in | 12 | | the sale or rental
of housing, when closed meetings are | 13 | | authorized by the law or ordinance
prescribing fair housing | 14 | | practices and creating a commission or
administrative | 15 | | 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 public | 19 | | 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 of | 26 | | a statewide association of which the
public body is a |
| | | HB2124 | - 5 - | LRB101 07307 RJF 52347 b |
|
| 1 | | member.
| 2 | | (17) The recruitment, credentialing, discipline or | 3 | | formal peer review
of physicians or other
health care | 4 | | professionals, or for the discussion of matters protected | 5 | | under the federal Patient Safety and Quality Improvement | 6 | | Act of 2005, and the regulations promulgated thereunder, | 7 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | 8 | | Health Insurance Portability and Accountability Act of | 9 | | 1996, and the regulations promulgated thereunder, | 10 | | including 45 C.F.R. Parts 160, 162, and 164, by a hospital, | 11 | | or
other institution providing medical care, that is | 12 | | operated by the public body.
| 13 | | (18) Deliberations for decisions of the Prisoner | 14 | | Review Board.
| 15 | | (19) Review or discussion of applications received | 16 | | under the
Experimental Organ Transplantation Procedures | 17 | | Act.
| 18 | | (20) The classification and discussion of matters | 19 | | classified as
confidential or continued confidential by | 20 | | the State Government Suggestion Award
Board.
| 21 | | (21) Discussion of minutes of meetings lawfully closed | 22 | | under this Act,
whether for purposes of approval by the | 23 | | body of the minutes or semi-annual
review of the minutes as | 24 | | mandated by Section 2.06.
| 25 | | (22) Deliberations for decisions of the State
| 26 | | Emergency Medical Services Disciplinary
Review Board.
|
| | | HB2124 | - 6 - | LRB101 07307 RJF 52347 b |
|
| 1 | | (23) The operation by a municipality of a municipal | 2 | | utility or the
operation of a
municipal power agency or | 3 | | municipal natural gas agency when the
discussion involves | 4 | | (i) contracts relating to the
purchase, sale, or delivery | 5 | | of electricity or natural gas or (ii) the results
or | 6 | | conclusions of load forecast studies.
| 7 | | (24) Meetings of a residential health care facility | 8 | | resident sexual
assault and death review
team or
the | 9 | | Executive
Council under the Abuse Prevention Review
Team | 10 | | Act.
| 11 | | (25) Meetings of an independent team of experts under | 12 | | Brian's Law. | 13 | | (26) Meetings of a mortality review team appointed | 14 | | under the Department of Juvenile Justice Mortality Review | 15 | | Team Act. | 16 | | (27) (Blank). | 17 | | (28) Correspondence and records (i) that may not be | 18 | | disclosed under Section 11-9 of the Illinois Public Aid | 19 | | Code or (ii) that pertain to appeals under Section 11-8 of | 20 | | the Illinois Public Aid Code. | 21 | | (29) Meetings between internal or external auditors | 22 | | and governmental audit committees, finance committees, and | 23 | | their equivalents, when the discussion involves internal | 24 | | control weaknesses, identification of potential fraud risk | 25 | | areas, known or suspected frauds, and fraud interviews | 26 | | conducted in accordance with generally accepted auditing |
| | | HB2124 | - 7 - | LRB101 07307 RJF 52347 b |
|
| 1 | | standards of the United States of America. | 2 | | (30) Those meetings or portions of meetings of a | 3 | | fatality review team or the Illinois Fatality Review Team | 4 | | Advisory Council during which a review of the death of an | 5 | | eligible adult in which abuse or neglect is suspected, | 6 | | alleged, or substantiated is conducted pursuant to Section | 7 | | 15 of the Adult Protective Services Act. | 8 | | (31) Meetings and deliberations for decisions of the | 9 | | Concealed Carry Licensing Review Board under the Firearm | 10 | | Concealed Carry Act. | 11 | | (32) Meetings between the Regional Transportation | 12 | | Authority Board and its Service Boards when the discussion | 13 | | involves review by the Regional Transportation Authority | 14 | | Board of employment contracts under Section 28d of the | 15 | | Metropolitan Transit Authority Act and Sections 3A.18 and | 16 | | 3B.26 of the Regional Transportation Authority Act. | 17 | | (33) Those meetings or portions of meetings of the | 18 | | advisory committee and peer review subcommittee created | 19 | | under Section 320 of the Illinois Controlled Substances Act | 20 | | during which specific controlled substance prescriber, | 21 | | dispenser, or patient information is discussed. | 22 | | (34) Meetings of the Tax Increment Financing Reform | 23 | | Task Force under Section 2505-800 of the Department of | 24 | | Revenue Law of the Civil Administrative Code of Illinois. | 25 | | (35) Meetings of the group established to discuss | 26 | | Medicaid capitation rates under Section 5-30.8 of the |
| | | HB2124 | - 8 - | LRB101 07307 RJF 52347 b |
|
| 1 | | Illinois Public Aid Code. | 2 | | (d) Definitions. For purposes of this Section:
| 3 | | "Employee" means a person employed by a public body whose | 4 | | relationship
with the public body constitutes an | 5 | | employer-employee relationship under
the usual common law | 6 | | rules, and who is not an independent contractor.
| 7 | | "Public office" means a position created by or under the
| 8 | | Constitution or laws of this State, the occupant of which is | 9 | | charged with
the exercise of some portion of the sovereign | 10 | | power of this State. The term
"public office" shall include | 11 | | members of the public body, but it shall not
include | 12 | | organizational positions filled by members thereof, whether
| 13 | | established by law or by a public body itself, that exist to | 14 | | assist the
body in the conduct of its business.
| 15 | | "Quasi-adjudicative body" means an administrative body | 16 | | charged by law or
ordinance with the responsibility to conduct | 17 | | hearings, receive evidence or
testimony and make | 18 | | determinations based
thereon, but does not include
local | 19 | | electoral boards when such bodies are considering petition | 20 | | challenges.
| 21 | | (e) Final action. No final action may be taken at a closed | 22 | | meeting.
Final action shall be preceded by a public recital of | 23 | | the nature of the
matter being considered and other information | 24 | | that will inform the
public of the business being conducted.
| 25 | | (Source: P.A. 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, | 26 | | eff. 9-9-15; 99-642, eff. 7-28-16; 99-646, eff. 7-28-16; |
| | | HB2124 | - 9 - | LRB101 07307 RJF 52347 b |
|
| 1 | | 99-687, eff. 1-1-17; 100-201, eff. 8-18-17; 100-465, eff. | 2 | | 8-31-17; 100-646, eff. 7-27-18.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
|
|