5 ILCS 120/2(c)(1)

How the Public Access Counselor has treated 5 ILCS 120/2(c)(1)

This exception allows a public body to close a meeting to discuss the appointment, employment, compensation, discipline, performance or dismissal of specific employees or contractors. The decisions treat it as narrow, applying only to identifiable individuals rather than groups, general policy, or other officials.

Across these decisions, the PAC found violations where boards used this exception for broader topics such as bidding processes, budgets, across-the-board raises, general staffing strategy, elected-official salaries and duties, board-member conduct, advisory opinions or reports, and FOIA strategy. It also found violations or partial violations where discussion went beyond the cited exception, where bodies failed to properly announce the exception, or failed to provide closed-session recordings and minutes for confidential review.

At a glance: 22 documents from 2012 to 2026(4 binding opinions, 18 determination letters). Most often cited alongside: 5 ILCS 120/2(c)(4) (Evidence to a quasi-adjudicative body) (3); 5 ILCS 120/2(c)(2) (Collective negotiating matters / salary schedules) (2); 5 ILCS 120/2(c)(11) (Pending, probable, or imminent litigation) (2); 5 ILCS 120/2(a) (Openness required) (1); 5 ILCS 120/2(c) (General closed-session exceptions) (1).

Recurring issues

• Whether salaries, duties, or performance of elected officials or board members can be discussed as personnel matters. (A finance committee's closed-session discussion of elected officials' duties and salaries, Closed-session discussion of board member conduct and policy changes)
• Whether general topics like budgets, across-the-board raises, staffing strategy, or contractor bidding fit within discussion of specific employees. (Closed-session discussion of municipal budgetary matters, Closed-session discussion of employee pay raises, Closed-session discussion of transportation contract bids)
• Whether advisory opinions, query reports, policy issues, or FOIA matters fall under the personnel exception alone or with other cited exceptions. (Closed-session discussion of an advisory opinion, A board of ethics' closed-session discussion of a query report, Closed-session discussion of financial statements, transit cards, and newsletters)
• Whether a closed session was procedurally proper, including public citation of the exception and providing recordings and minutes for confidential review. (A board's failure to cite a closed-session exception, A village board's closed-session discussion of personnel matters, Closed-session discussion of a volunteer's performance and FOIA strategy)

Practical points

• Keep closed discussion to specific individuals and hold discussion of general staffing plans, budgets, and across-the-board compensation in open session.
• Publicly identify the specific exception claimed before entering closed session and stay within its scope during discussion.
• Provide the verbatim recording and unredacted closed session minutes to the PAC when requested for confidential review.

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