5 ILCS 120/2(c)(2)

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

This exception allows a public body to meet in closed session to discuss collective negotiating matters and salary schedules. The decisions show the Public Access Counselor treats the exception narrowly, focusing on what was actually discussed rather than how the session was labeled. Reviewers examined closed-session minutes or recordings to determine whether the conversation stayed within bargaining-related topics.

In these matters, the PAC found no violation where a school board's closed discussions on the dates at issue remained within authorized topics, but found a violation where a board used a closed session to discuss appointing members to a negotiations committee. Other decisions found partial violations where discussion exceeded the cited exceptions or where a council approved an employee termination in closed session without first voting in open session after a public recital.

At a glance: 4 documents from 2017 to 2024(0 binding opinions, 4 determination letters). Most often cited alongside: 5 ILCS 120/2(c)(1) (Employee/contractor appointment, discipline, or performance) (2); 5 ILCS 120/2(c)(11) (Pending, probable, or imminent litigation) (1).

Recurring issues

• Whether discussion of school closures and budgetary matters in closed session falls within collective bargaining negotiations. (Closed-session discussions of school closures and budget cuts)
• Whether appointing board members to a negotiations committee may be discussed in closed session. (Closed-session discussion of committee appointments)
• Whether closed-session discussion exceeded the scope of the cited statutory exceptions. (A school board's emergency meeting notice and closed-session discussions)
• Whether final action such as terminating an employee may be approved in closed session without an open-session vote and public recital. (Closed-session termination of an employee)

Practical points

• Limit closed-session talk to the bargaining-related matters covered by the cited exception and avoid unrelated appointments or actions.
• Preserve complete closed-session records or recordings so the scope of discussion can be reviewed if challenged.
• Take any final action in open session after providing an adequate public recital of the matter under consideration.

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