5 ILCS 120/2(a)

How the Public Access Counselor has treated 5 ILCS 120/2(a)

Section 2(a) sets the basic open-meetings mandate under the Open Meetings Act. It requires the business of public bodies to be conducted openly, with closed session permitted only as allowed by the specific exceptions in Section 2(c). A public body that wants to meet privately must therefore stay within an authorized exception and follow the required process for doing so.

In the decision reviewed, the Public Access Counselor applied that mandate to a complaint about a Village of Lisbon Board of Trustees closed-door meeting. The office concluded there was a partial violation because the Board did not follow the correct legal steps to enter closed session and discussed a matter outside the scope of authorized closed session exceptions. The outcome underscores that both procedure and subject matter are reviewed for compliance.

At a glance: 1 document from 2019(0 binding opinions, 1 determination letter). Most often cited alongside: 5 ILCS 120/2(c)(1) (Employee/contractor appointment, discipline, or performance) (1); 5 ILCS 120/2(c)(10) (Placement of individual students in special education) (1); 5 ILCS 120/2(e) (Final action ban in closed session) (1).

Recurring issues

• Whether a public body followed proper procedures for entering closed session. (A village board's closed-session discussion of personnel matters)
• Whether matters discussed in closed session stayed within authorized closed session exceptions. (A village board's closed-session discussion of personnel matters)
• Whether a closed-door meeting complied with the basic requirement that meetings be open. (A village board's closed-session discussion of personnel matters)

Practical points

• Follow the required procedures before entering closed session.
• Keep closed-session discussion within the scope of an authorized exception.

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.