{
 "topic": "OMA section 2.06(e)",
 "statute": "5 ILCS 120/2.06(e)",
 "family": "Minutes and verbatim recordings",
 "page": "https://illinoisfoia.org/issues/oma-2-06-e/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 1,
  "no_violation": 4,
  "no_determination": 0,
  "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 removed closed session verbatim recordings from its main office without a vote or court order.",
    "why": "Section 2.06(e) requires these materials to be kept at the main office unless removed by vote or court order. Removal without such authorization is a violation.",
    "decisions": [
     {
      "title": "Maintenance and storage of open session minutes and closed session recordings",
      "url": "https://illinoisfoia.org/opinions/letter-50424/#issue-4"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The public body imposes a reasonable delay in scheduling access to ensure an administrative official is present.",
    "why": "Section 2.06(e) does not require immediate access; reasonable scheduling delays are permissible.",
    "decisions": [
     {
      "title": "Access to closed session verbatim recordings",
      "url": "https://illinoisfoia.org/opinions/letter-52345/#issue-1"
     },
     {
      "title": "Closed-session recordings for a trustee's review",
      "url": "https://illinoisfoia.org/opinions/letter-65149/#issue-1"
     }
    ]
   },
   {
    "text": "Public body personnel (e.g., IT staff, attorneys, superintendents) copy or temporarily remove recordings to facilitate a board member's access or to provide legal advice.",
    "why": "The prohibition on copying or removing recordings applies to elected or appointed officials with access rights, not to personnel aiding access or legal review.",
    "decisions": [
     {
      "title": "Access to closed session verbatim recordings",
      "url": "https://illinoisfoia.org/opinions/letter-52345/#issue-2"
     },
     {
      "title": "Access to closed session verbatim recordings",
      "url": "https://illinoisfoia.org/opinions/letter-52345/#issue-3"
     }
    ]
   },
   {
    "text": "An IT employee, attorney, or superintendent has unsupervised access to recordings to assist a board member's request or secure legal advice.",
    "why": "Section 2.06(e) does not restrict limited access by appropriate school personnel for such purposes.",
    "decisions": [
     {
      "title": "Access to closed session verbatim recordings",
      "url": "https://illinoisfoia.org/opinions/letter-52345/#issue-3"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "If the delay in allowing you to review the recordings was extreme, argue that it effectively denied your right of access and violated section 2.06(e).",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session recordings for a trustee's review",
      "url": "https://illinoisfoia.org/opinions/letter-65149/#issue-1"
     }
    ]
   },
   {
    "text": "If the recordings were moved from the main office without a vote or court order, state that this violates the requirement that closed session materials be kept at the main office.",
    "why": "",
    "decisions": [
     {
      "title": "Maintenance and storage of open session minutes and closed session recordings",
      "url": "https://illinoisfoia.org/opinions/letter-50424/#issue-4"
     }
    ]
   },
   {
    "text": "If the public body claims that staff handling of the recordings was improper, respond that section 2.06(e) permits appropriate personnel to copy or access recordings to facilitate access or provide legal advice.",
    "why": "",
    "decisions": [
     {
      "title": "Access to closed session verbatim recordings",
      "url": "https://illinoisfoia.org/opinions/letter-52345/#issue-2"
     },
     {
      "title": "Access to closed session verbatim recordings",
      "url": "https://illinoisfoia.org/opinions/letter-52345/#issue-3"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "The date of your access request and each response or delay from the public body.",
   "Where the verbatim recordings are kept—whether at the main office or elsewhere—and whether there was a vote or court order for any relocation.",
   "Who was involved in handling the recordings (e.g., an elected official or a staff member) and the stated purpose."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that any delay in providing access to closed session recordings automatically violates the OMA.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session recordings for a trustee's review",
      "url": "https://illinoisfoia.org/opinions/letter-65149/#issue-1"
     },
     {
      "title": "Access to closed session verbatim recordings",
      "url": "https://illinoisfoia.org/opinions/letter-52345/#issue-1"
     }
    ]
   },
   {
    "text": "Believing that section 2.06(e) forbids all copying or removal of recordings by anyone, including staff, without a vote or court order.",
    "why": "",
    "decisions": [
     {
      "title": "Access to closed session verbatim recordings",
      "url": "https://illinoisfoia.org/opinions/letter-52345/#issue-2"
     },
     {
      "title": "Access to closed session verbatim recordings",
      "url": "https://illinoisfoia.org/opinions/letter-52345/#issue-3"
     }
    ]
   },
   {
    "text": "Thinking that unsupervised access by an IT employee or attorney is always a violation, even when they are helping a board member or obtaining legal advice.",
    "why": "",
    "decisions": [
     {
      "title": "Access to closed session verbatim recordings",
      "url": "https://illinoisfoia.org/opinions/letter-52345/#issue-3"
     }
    ]
   }
  ],
  "caution": "These notes are based on non-binding determination letters; outcomes depend on the specific facts; always verify the full decision PDF."
 },
 "issues": [
  {
   "issue": "Access to closed session verbatim recordings under OMA section 2.06(e)",
   "outcome": "no_violation",
   "rule": "Section 2.06(e) does not require immediate access; a delay is not a violation unless it is so unreasonable that it effectively constitutes a denial.",
   "decision": {
    "title": "Closed-session recordings for a trustee's review",
    "date": "2025-04-04",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-65149/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 52345, issued February 19, 2019, at 5",
     "url": "https://illinoisfoia.org/opinions/letter-52345/"
    }
   ]
  },
  {
   "issue": "Board member's access to closed session recordings",
   "outcome": "no_violation",
   "rule": "Section 2.06(e) does not require immediate access; access must be granted in the presence of an administrative official, so reasonable scheduling delays are permissible.",
   "decision": {
    "title": "Access to closed session verbatim recordings",
    "date": "2019-02-19",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-52345/"
   },
   "authorities": []
  },
  {
   "issue": "Copying or removing recordings without vote or court order",
   "outcome": "no_violation",
   "rule": "The prohibition on copying or removing recordings applies to elected or appointed officials with access rights, not to public body personnel facilitating access or legal review.",
   "decision": {
    "title": "Access to closed session verbatim recordings",
    "date": "2019-02-19",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-52345/"
   },
   "authorities": []
  },
  {
   "issue": "Unsupervised access by IT employee, attorney, superintendent",
   "outcome": "no_violation",
   "rule": "Section 2.06(e) does not restrict limited access by appropriate school personnel to facilitate a board member's request or to secure legal advice.",
   "decision": {
    "title": "Access to closed session verbatim recordings",
    "date": "2019-02-19",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-52345/"
   },
   "authorities": []
  },
  {
   "issue": "Removal of closed session materials from main office",
   "outcome": "violation_found",
   "rule": "Closed session minutes and verbatim recordings must be kept at the main office unless removed by vote or court order.",
   "decision": {
    "title": "Maintenance and storage of open session minutes and closed session recordings",
    "date": "2018-03-28",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-50424/"
   },
   "authorities": []
  }
 ]
}