5 ILCS 120/2(c)(21)
OMAReviewing minutes of a lawfully closed meeting
Reviewing minutes of a lawfully closed meeting
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0 upheld (no violation found) · 1 rejected (violation found) · 1 closed / insufficient info / other, out of 2 documents.
Not legal advice, and not a per-exemption ruling — this reflects each document's overall disposition. See the FAQ disclaimer.
How the Public Access Counselor has treated 5 ILCS 120/2(c)(21)
This exception allows a public body to meet in closed session to discuss minutes of meetings that were lawfully closed under the Open Meetings Act. It covers review of whether those minutes should remain confidential or can be released, rather than broader policy or business matters.
In these decisions, the PAC looked closely at what was actually discussed in closed session. It found a violation where a board cited this and other exceptions but used the closed meeting to discuss unrelated policy issues. In two other matters involving a village council, the PAC took no further action on claims that closed minutes were not properly reviewed for release and contained errors, noting the council's review and acknowledgment of a clerical issue.
At a glance: 2 documents from 2024(0 binding opinions, 2 determination letters). Most often cited alongside: 5 ILCS 120/2(c)(1) (Employee/contractor appointment, discipline, or performance) (1); 5 ILCS 120/2(c)(4) (Evidence to a quasi-adjudicative body) (1); 5 ILCS 120/2(c)(11) (Pending, probable, or imminent litigation) (1).
Recurring issues
- Whether discussion in a closed session stayed within the scope of the cited exceptions, including review of closed minutes. (Closed-session discussion of financial statements, transit cards, and newsletters)
- Whether a village council reasonably reviewed closed session minutes for ongoing confidentiality. (A village council's review of closed-session minutes)
- Whether inaccuracies or clerical errors in closed session minutes amounted to a violation. (A village council's review of closed-session minutes)
Practical points
- Closed session discussion needs to stay within the exceptions actually cited for that meeting.
- Periodic review of closed minutes for possible release was examined in the village council matters.
- Correcting a clerical error in minutes was noted in the review of the village council complaints.
Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.