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Illinois FOIA & OMA Reference

OMA section 2.02(b)

OMA

5 ILCS 120/2.02(b). Section 2.02 overview: Detailed public-notice rules: post the year's regular meeting schedule at the start of each year, post an agenda at least 48 hours before each regular meeting (and on the body's website if it has staff-maintained one), and give appropriate notice for special or emergency meetings too.

6 issues across 4 determination letters:2 violation found · 4 no violation.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

Authorities the Bureau cites most on this issue

How to challenge a denial on this issue

AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.

When a challenge is strong

  • A public body with a website maintained by full-time staff held a special meeting and did not post the agenda on that website at least 48 hours before the meeting. The Bureau found this violates section 2.02(b) because the online posting requirement applies without exception for staff leave.Based on: 2019 · Agenda descriptions for personnel… · 2018 · A school board's special-meeting …
  • The public body claims a staff vacation or similar absence as the reason for missing the 48-hour online posting deadline for a special meeting agenda. The Bureau explicitly rejected that excuse, finding no provision in the Act that excuses late posting due to staff unavailability.Based on: 2019 · Agenda descriptions for personnel…

When the public body usually wins

  • The meeting is a committee meeting and the body physically posted a copy of the notice at its principal office at least 48 hours beforehand. The online posting requirement in section 2.02(b) applies only to governing body meetings, not committee meetings, and physical posting is sufficient.Based on: 2023 · Posting of meeting agendas on a s… · 2023 · Posting of meeting agendas on a s…
  • The body provided an internet link on its website that gives the public direct access to the meeting agenda (even if the agenda is hosted on a different domain). The Bureau ruled that such a direct link satisfies the posting requirement.Based on: 2018 · A school board's special-meeting …
  • The body's records show it gave 48 hours' notice of a committee meeting and the requester cannot rebut that evidence. The Bureau relies on the record, and a factual finding that notice was timely will result in no violation.Based on: 2017 · A village's committee meeting sch…

Points to put in your letter

  • If the meeting was a special meeting of the governing body and the public body has a website maintained by full-time staff, demand proof that the agenda was posted online at least 48 hours before the meeting; cite D1263.3 and D1258.2 where the Bureau found violations for this failure, with no exception for staff unavailability.Based on: 2019 · Agenda descriptions for personnel… · 2018 · A school board's special-meeting …
  • If the body argues that a staff vacation justified missing the deadline, point out that the Bureau has explicitly rejected that excuse (D1263.3).Based on: 2019 · Agenda descriptions for personnel…
  • If the body posted a link instead of the agenda itself, request details on whether the link gave direct access; note that D1258.3 only approved a link that provided direct access without extra steps.Based on: 2018 · A school board's special-meeting …

Common mistakes

Facts to gather first

  • Type of meeting (governing body vs committee, regular vs special) and date/time
  • Whether the public body has a website and whether it is maintained by full-time staff
  • Date and time the agenda was posted (if at all) on the website or physically at the principal office
  • Screenshots or records of the website on the day before the meeting showing absence of the agenda or a broken/indirect link
  • Any public statements by the body about staff availability or reasons for late posting

These summaries are based on a limited set of non-binding determination letters; each case depends on its specific facts, and you should review the full PDF before relying on them.

Drafting brief for an AI assistant

Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: oma-2-02-b.json.

Violation found (2)

No violation (4)