{
 "topic": "OMA section 2.02",
 "statute": "5 ILCS 120/2.02",
 "family": "Notice, agendas, and meeting access",
 "page": "https://illinoisfoia.org/issues/oma-2-02/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 9,
  "no_violation": 2,
  "no_determination": 1,
  "other": 0
 },
 "challenge_notes": {
  "generated_by": "AI summary of the decisions listed on this page; not legal advice; verify each decision against its PDF",
  "when_a_challenge_is_strong": [
   {
    "text": "The public body failed to post any notice and agenda for a meeting at least 48 hours in advance.",
    "why": "OMA requires advance posting of notice and agenda for all meetings.",
    "decisions": [
     {
      "title": "An advisory committee's special meeting notice and agenda",
      "url": "https://illinoisfoia.org/opinions/letter-44652/#issue-1"
     },
     {
      "title": "Unannounced pre-meeting gatherings and a blocked board meeting",
      "url": "https://illinoisfoia.org/opinions/letter-49828/#issue-2"
     },
     {
      "title": "City council conference call gatherings without public notice",
      "url": "https://illinoisfoia.org/opinions/letter-62981/#issue-5"
     }
    ]
   },
   {
    "text": "A gathering involving a majority of a quorum discussed public business without prior notice or an agenda.",
    "why": "Such a gathering qualifies as a meeting under OMA and requires notice and an agenda.",
    "decisions": [
     {
      "title": "A gathering of three aldermen about city business",
      "url": "https://illinoisfoia.org/opinions/letter-41800/#issue-1"
     }
    ]
   },
   {
    "text": "Final action was taken on an item not listed on the meeting's advance agenda.",
    "why": "OMA mandates that advance notice of final action be included in the meeting agenda.",
    "decisions": [
     {
      "title": "Board vote to appoint an executive director without agenda notice",
      "url": "https://illinoisfoia.org/opinions/letter-61108/#issue-2"
     }
    ]
   },
   {
    "text": "A subcommittee or advisory committee held a meeting without posting notice and agenda.",
    "why": "Subcommittees and advisory committees are subject to OMA’s notice requirements.",
    "decisions": [
     {
      "title": "A DEI subcommittee's failure to provide meeting notice",
      "url": "https://illinoisfoia.org/opinions/letter-78082/#issue-2"
     },
     {
      "title": "An advisory committee's closed meetings and missing records",
      "url": "https://illinoisfoia.org/opinions/letter-60134/#issue-3"
     }
    ]
   },
   {
    "text": "The public body changed its regular meeting schedule but failed to post the revised schedule at its principal office and on its website.",
    "why": "A public body must post notice of changes to its regular meeting schedule.",
    "decisions": [
     {
      "title": "Failure to provide notice of amended meeting schedule",
      "url": "https://illinoisfoia.org/opinions/letter-48602/#issue-3"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The requester challenges a vote to present a report or to schedule a future meeting as final action taken without proper notice.",
    "why": "Such votes are considered intermediate steps, not final action, so no 48-hour agenda notice is required.",
    "decisions": [
     {
      "title": "Adding an agenda item less than 24 hours before a meeting",
      "url": "https://illinoisfoia.org/opinions/letter-78458/#issue-2"
     }
    ]
   },
   {
    "text": "The requester argues that the meeting agenda lacked the physical address of the meeting location.",
    "why": "OMA does not require a meeting agenda to include the physical address.",
    "decisions": [
     {
      "title": "Unannounced pre-meeting gatherings and a blocked board meeting",
      "url": "https://illinoisfoia.org/opinions/letter-49828/#issue-6"
     }
    ]
   },
   {
    "text": "The requester makes a vague allegation about a meeting without providing specific details (date, time, nature of business).",
    "why": "Without sufficient facts, the Bureau cannot make a determination, leaving the body’s actions effectively unchallenged.",
    "decisions": [
     {
      "title": "An advisory committee's special meeting notice and agenda",
      "url": "https://illinoisfoia.org/opinions/letter-44652/#issue-5"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "State clearly that the public body held a meeting without posting the notice and agenda at least 48 hours in advance, as required by OMA.",
    "why": "",
    "decisions": [
     {
      "title": "An advisory committee's special meeting notice and agenda",
      "url": "https://illinoisfoia.org/opinions/letter-44652/#issue-1"
     },
     {
      "title": "Unannounced pre-meeting gatherings and a blocked board meeting",
      "url": "https://illinoisfoia.org/opinions/letter-49828/#issue-2"
     }
    ]
   },
   {
    "text": "If a gathering of a majority of a quorum discussed public business, argue that this was a meeting that required notice and an agenda.",
    "why": "",
    "decisions": [
     {
      "title": "A gathering of three aldermen about city business",
      "url": "https://illinoisfoia.org/opinions/letter-41800/#issue-1"
     }
    ]
   },
   {
    "text": "Point out any final action taken that was not disclosed on the advance agenda, and assert that this violates the requirement for advance notice of final action.",
    "why": "",
    "decisions": [
     {
      "title": "Board vote to appoint an executive director without agenda notice",
      "url": "https://illinoisfoia.org/opinions/letter-61108/#issue-2"
     }
    ]
   },
   {
    "text": "Note that subcommittees and advisory committees must also comply with OMA’s notice and agenda posting requirements.",
    "why": "",
    "decisions": [
     {
      "title": "A DEI subcommittee's failure to provide meeting notice",
      "url": "https://illinoisfoia.org/opinions/letter-78082/#issue-2"
     },
     {
      "title": "An advisory committee's closed meetings and missing records",
      "url": "https://illinoisfoia.org/opinions/letter-60134/#issue-3"
     }
    ]
   },
   {
    "text": "If the public body’s regular meeting agenda was not posted on its website, request that the body cure the violation by re-voting on the action items.",
    "why": "",
    "decisions": [
     {
      "title": "Private agency funding hearings and missing meeting agendas",
      "url": "https://illinoisfoia.org/opinions/letter-37831/#issue-1"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "The date, time, and type of meeting (regular, special, or committee).",
   "Whether a majority of a quorum was present and public business was discussed.",
   "Details about what final action was taken and whether it appeared on the agenda.",
   "Evidence of whether and when the notice and agenda were posted (online, at the principal office, or elsewhere)."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that any gathering of board members requires a posted notice and agenda, when OMA only applies to a gathering of a majority of a quorum where public business is discussed.",
    "why": "",
    "decisions": [
     {
      "title": "A gathering of three aldermen about city business",
      "url": "https://illinoisfoia.org/opinions/letter-41800/#issue-1"
     }
    ]
   },
   {
    "text": "Believing that the agenda must include the physical address of the meeting location, which is not required by OMA.",
    "why": "",
    "decisions": [
     {
      "title": "Unannounced pre-meeting gatherings and a blocked board meeting",
      "url": "https://illinoisfoia.org/opinions/letter-49828/#issue-6"
     }
    ]
   },
   {
    "text": "Treating a vote to present a report or schedule a future meeting as a final action that requires 48-hour advance notice on the agenda.",
    "why": "",
    "decisions": [
     {
      "title": "Adding an agenda item less than 24 hours before a meeting",
      "url": "https://illinoisfoia.org/opinions/letter-78458/#issue-2"
     }
    ]
   },
   {
    "text": "Submitting a challenge without providing specific details like the date of the meeting or the nature of the discussion, leading to no determination.",
    "why": "",
    "decisions": [
     {
      "title": "An advisory committee's special meeting notice and agenda",
      "url": "https://illinoisfoia.org/opinions/letter-44652/#issue-5"
     }
    ]
   }
  ],
  "caution": "These notes are based on non-binding determination letters from the Public Access Bureau; the success of any challenge depends on the specific facts, so review the full decisions for context."
 },
 "issues": [
  {
   "issue": "Whether subcommittees held improper unnoticed meetings",
   "outcome": "violation_found",
   "rule": "Public bodies must provide advance notice of meetings; subcommittees failed to do so.",
   "decision": {
    "title": "A DEI subcommittee's failure to provide meeting notice",
    "date": "2024-04-09",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-78082/"
   },
   "authorities": []
  },
  {
   "issue": "Whether ACT Board violated OMA by taking final action without advance notice",
   "outcome": "violation_found",
   "rule": "A public body must provide advance notice of final action in the meeting agenda.",
   "decision": {
    "title": "Board vote to appoint an executive director without agenda notice",
    "date": "2024-12-17",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-61108/"
   },
   "authorities": []
  },
  {
   "issue": "Final action on One Fair Wage ordinance without 48-hour notice",
   "outcome": "no_violation",
   "rule": "Votes to permit presentation of a report and to schedule a future meeting are intermediate steps, not final action, so no 48-hour agenda notice was required.",
   "decision": {
    "title": "Adding an agenda item less than 24 hours before a meeting",
    "date": "2023-11-21",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-78458/"
   },
   "authorities": [
    {
     "text": "Gosnell v. Hogan, 179 Ill. App. 3d 161 (1989)",
     "url": "https://illinoisfoia.org/cases/pre1996-128527/"
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 52804",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 43111",
     "url": null
    }
   ]
  },
  {
   "issue": "Failure to post notice and agenda",
   "outcome": "violation_found",
   "rule": "Meetings must have proper advance posting of notice and agenda.",
   "decision": {
    "title": "City council conference call gatherings without public notice",
    "date": "2020-09-11",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-62981/"
   },
   "authorities": []
  },
  {
   "issue": "Advisory Committee's compliance with OMA meeting requirements",
   "outcome": "violation_found",
   "rule": "The Advisory Committee improperly held meetings without adhering to OMA requirements, and must provide advance notice, keep minutes, allow public comment, and complete OMA training.",
   "decision": {
    "title": "An advisory committee's closed meetings and missing records",
    "date": "2020-07-31",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-60134/"
   },
   "authorities": []
  },
  {
   "issue": "Failure to post September 29, 2015 meeting agenda on website",
   "outcome": "violation_found",
   "rule": "A public body must post the agenda of regular meetings on its website; failure to do so violates OMA, but re-voting on the action items can cure the violation.",
   "decision": {
    "title": "Private agency funding hearings and missing meeting agendas",
    "date": "2019-04-12",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-37831/"
   },
   "authorities": [
    {
     "text": "Board of Education School District No. 67 v. Sikorski, 214 Ill. App. 3d 945, 952 (1st Dist. 1991)",
     "url": "https://illinoisfoia.org/cases/pre1996-134167/"
    }
   ]
  },
  {
   "issue": "Failure to post notice and agendas for 6:30 p.m. gatherings",
   "outcome": "violation_found",
   "rule": "Public bodies must post notice and agendas for meetings at least 48 hours in advance.",
   "decision": {
    "title": "Unannounced pre-meeting gatherings and a blocked board meeting",
    "date": "2018-02-20",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-49828/"
   },
   "authorities": []
  },
  {
   "issue": "Posting of meeting location on agenda",
   "outcome": "no_violation",
   "rule": "OMA does not require a particular meeting agenda to include the physical address of the meeting location.",
   "decision": {
    "title": "Unannounced pre-meeting gatherings and a blocked board meeting",
    "date": "2018-02-20",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-49828/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 50231, issued October 30, 2017",
     "url": null
    }
   ]
  },
  {
   "issue": "Failure to post revised regular meeting schedule at principal office and website",
   "outcome": "violation_found",
   "rule": "A public body must post notice of a change in its regular meeting schedule at its principal office and on its website.",
   "decision": {
    "title": "Failure to provide notice of amended meeting schedule",
    "date": "2017-12-05",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-48602/"
   },
   "authorities": []
  },
  {
   "issue": "Failure to post notice and agenda",
   "outcome": "violation_found",
   "rule": "A public body must post notice and an agenda at least 48 hours before a meeting.",
   "decision": {
    "title": "An advisory committee's special meeting notice and agenda",
    "date": "2017-04-07",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-44652/"
   },
   "authorities": []
  },
  {
   "issue": "General meetings notice posting at principal office or website",
   "outcome": "no_determination",
   "rule": "The request did not allege sufficient facts to review the allegation, but the Committee was cautioned to follow notice procedures.",
   "decision": {
    "title": "An advisory committee's special meeting notice and agenda",
    "date": "2017-04-07",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-44652/"
   },
   "authorities": []
  },
  {
   "issue": "Gathering of City Council members without notice and agenda",
   "outcome": "violation_found",
   "rule": "A gathering of a majority of a quorum of a public body to discuss public business is a meeting, requiring proper notice and agenda.",
   "decision": {
    "title": "A gathering of three aldermen about city business",
    "date": "2017-07-05",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-41800/"
   },
   "authorities": [
    {
     "text": "1974 Ill. Att'y Gen. Op. No. S-726",
     "url": null
    },
    {
     "text": "Nabhani v. Coghanese, 552 F. Supp. 657, 661 (N.D. Ill. 1982)",
     "url": null
    },
    {
     "text": "People ex rel. Defanis v. Barr, 83 Ill.2d 191, 198 (1980)",
     "url": null
    },
    {
     "text": "State v. Swanson, 92 Wis.2d 310, 315-16, 284 N.W.2d 655, 658 (Wis. 1979)",
     "url": null
    },
    {
     "text": "Orange County Publications, Division of Ottaway Newspapers, Inc. v. Council of Newburgh, 60 A.D.2d 409, 401 N.Y.S.2d 84 (N.Y. App. Div. 1978)",
     "url": null
    },
    {
     "text": "Sacramento Newspaper Guild v. Sacramento Cty. Bd. of Sup'rs, 263 Cal. App. 2d 41, 50, 69 Cal. Rptr. 480 (Cal. Ct. App. 1968)",
     "url": null
    }
   ]
  }
 ]
}