{
 "topic": "OMA section 2(a) - Openness required",
 "statute": "5 ILCS 120/2(a)",
 "family": "Closed meetings and exceptions",
 "page": "https://illinoisfoia.org/issues/oma-2-a/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 7,
  "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 held a meeting at a location that was not convenient and open to the public.",
    "why": "OMA requires meetings to be at a time and place specified in the agenda and at a location convenient and open to the public.",
    "decisions": [
     {
      "title": "A committee's closed-session meeting at an undisclosed location without a recording",
      "url": "https://illinoisfoia.org/opinions/letter-55379/#issue-1"
     }
    ]
   },
   {
    "text": "A majority of a quorum of the public body gathered and discussed public business without providing notice.",
    "why": "Such a gathering is a meeting subject to OMA notice requirements.",
    "decisions": [
     {
      "title": "A committee meeting with a quorum of the village board",
      "url": "https://illinoisfoia.org/opinions/letter-48812/#issue-2"
     },
     {
      "title": "An unannounced council gathering to discuss water business",
      "url": "https://illinoisfoia.org/opinions/letter-49874/#issue-1"
     }
    ]
   },
   {
    "text": "The public was effectively excluded from a portion of an open meeting.",
    "why": "A public body violates OMA when it restricts the public from attending any part of an open meeting.",
    "decisions": [
     {
      "title": "A planning commission's closed-door discussion after a public hearing",
      "url": "https://illinoisfoia.org/opinions/letter-74390/#issue-1"
     }
    ]
   },
   {
    "text": "The public body held a secret pre-meeting discussion of public business without an applicable exception.",
    "why": "All meetings must be open unless a specific exception applies.",
    "decisions": [
     {
      "title": "A board's private discussion of equipment purchases",
      "url": "https://illinoisfoia.org/opinions/letter-65448/#issue-2"
     }
    ]
   },
   {
    "text": "The closed session discussion went beyond the scope of the cited OMA exception, such as discussing general duties instead of specific employee performance.",
    "why": "Discussing matters not within the exception violates OMA.",
    "decisions": [
     {
      "title": "Closed-session discussion of a bidding process",
      "url": "https://illinoisfoia.org/opinions/letter-51599/#issue-1"
     },
     {
      "title": "Closed-session discussion of police service consolidation",
      "url": "https://illinoisfoia.org/opinions/letter-51987/#issue-2"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "A majority of a quorum gathered but did not deliberate public business, and precautions were taken to prevent such deliberation.",
    "why": "A gathering is not a meeting unless members deliberate public business together.",
    "decisions": [
     {
      "title": "A board's transit discussion of public business",
      "url": "https://illinoisfoia.org/opinions/letter-77651/#issue-1"
     }
    ]
   },
   {
    "text": "The public body seated members before the meeting but did not begin discussing public business until the public was admitted and the meeting was called to order.",
    "why": "Seating members beforehand is permissible absent improper deliberation.",
    "decisions": [
     {
      "title": "A housing authority's locked meeting room and delayed entry",
      "url": "https://illinoisfoia.org/opinions/letter-68606/#issue-1"
     }
    ]
   },
   {
    "text": "The meeting was a truly political party meeting, not a meeting of a public body.",
    "why": "OMA does not apply to such meetings.",
    "decisions": [
     {
      "title": "A political party precinct committeemen meeting",
      "url": "https://illinoisfoia.org/opinions/letter-35946/#issue-1"
     }
    ]
   },
   {
    "text": "The requester lacks sufficient evidence to show a notice or agenda violation.",
    "why": "The available information did not show a violation.",
    "decisions": [
     {
      "title": "Website posting of meeting agendas and minutes",
      "url": "https://illinoisfoia.org/opinions/letter-71528/#issue-1"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "State that the meeting was held at a location that was not convenient and open to the public, and provide details.",
    "why": "",
    "decisions": [
     {
      "title": "A committee's closed-session meeting at an undisclosed location without a recording",
      "url": "https://illinoisfoia.org/opinions/letter-55379/#issue-1"
     }
    ]
   },
   {
    "text": "Explain that a majority of a quorum gathered and discussed public business without the required notice, and describe the gathering.",
    "why": "",
    "decisions": [
     {
      "title": "A committee meeting with a quorum of the village board",
      "url": "https://illinoisfoia.org/opinions/letter-48812/#issue-2"
     },
     {
      "title": "An unannounced council gathering to discuss water business",
      "url": "https://illinoisfoia.org/opinions/letter-49874/#issue-1"
     }
    ]
   },
   {
    "text": "Assert that the public was excluded from a portion of the open meeting, and specify when and how.",
    "why": "",
    "decisions": [
     {
      "title": "A planning commission's closed-door discussion after a public hearing",
      "url": "https://illinoisfoia.org/opinions/letter-74390/#issue-1"
     }
    ]
   },
   {
    "text": "Argue that the closed session discussion exceeded the scope of the cited exception, and list the topics discussed.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of police service consolidation",
      "url": "https://illinoisfoia.org/opinions/letter-51987/#issue-2"
     },
     {
      "title": "Closed-session discussion of a bidding process",
      "url": "https://illinoisfoia.org/opinions/letter-51599/#issue-1"
     }
    ]
   },
   {
    "text": "Claim that a secret pre-meeting discussion of public business occurred without an applicable exception, and provide evidence.",
    "why": "",
    "decisions": [
     {
      "title": "A board's private discussion of equipment purchases",
      "url": "https://illinoisfoia.org/opinions/letter-65448/#issue-2"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "Whether a majority of a quorum was present and discussed public business.",
   "The location of the meeting and whether it was accessible to the public.",
   "Whether the public was excluded from any part of the meeting.",
   "The topics discussed in closed session and the exceptions cited by the public body.",
   "Any evidence of pre-meeting discussions, including what was discussed and when."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that any gathering of a majority of a quorum is automatically a meeting, even if no public business was discussed.",
    "why": "",
    "decisions": [
     {
      "title": "A board's transit discussion of public business",
      "url": "https://illinoisfoia.org/opinions/letter-77651/#issue-1"
     }
    ]
   },
   {
    "text": "Believing that seating members before a meeting is itself a violation, without evidence of improper deliberation.",
    "why": "",
    "decisions": [
     {
      "title": "A housing authority's locked meeting room and delayed entry",
      "url": "https://illinoisfoia.org/opinions/letter-68606/#issue-1"
     }
    ]
   },
   {
    "text": "Thinking that all closed sessions are improper, rather than focusing on whether the discussion stayed within the scope of the cited exception.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of a bidding process",
      "url": "https://illinoisfoia.org/opinions/letter-51599/#issue-1"
     },
     {
      "title": "Closed-session discussion of police service consolidation",
      "url": "https://illinoisfoia.org/opinions/letter-51987/#issue-2"
     }
    ]
   },
   {
    "text": "Failing to gather specific evidence of a notice or agenda violation, leading to an unsupported claim.",
    "why": "",
    "decisions": [
     {
      "title": "Website posting of meeting agendas and minutes",
      "url": "https://illinoisfoia.org/opinions/letter-71528/#issue-1"
     }
    ]
   },
   {
    "text": "Assuming OMA applies to political party meetings that are not meetings of a public body.",
    "why": "",
    "decisions": [
     {
      "title": "A political party precinct committeemen meeting",
      "url": "https://illinoisfoia.org/opinions/letter-35946/#issue-1"
     }
    ]
   }
  ],
  "caution": "These determination letters are non-binding, and outcomes depend on specific facts; always verify the full PDF for context."
 },
 "issues": [
  {
   "issue": "Non-public meeting during train and shuttle trip",
   "outcome": "no_violation",
   "rule": "A gathering of a majority of a quorum is not a meeting unless members deliberate public business together; precautions prevented such deliberation.",
   "decision": {
    "title": "A board's transit discussion of public business",
    "date": "2024-05-10",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-77651/"
   },
   "authorities": [
    {
     "text": "Gosnell v. Hogan, 179 Ill. App. 3d 161, 171 (1989)",
     "url": "https://illinoisfoia.org/cases/pre1996-128527/"
    },
    {
     "text": "University Professionals of Illinois v. Stukel, 344 Ill. App. 3d 856, 868 (2003)",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen. Op. No. S-726, issued March 22, 1974, at 126",
     "url": null
    },
    {
     "text": "People ex rel. Difanis v. Barr, 83 Ill. 2d 191, 202 (1980)",
     "url": "https://illinoisfoia.org/cases/pre1996-46324/"
    },
    {
     "text": "Ill. Att'y Gen. Op. No. 95-004, issued July 14, 1995, at 10-11",
     "url": null
    },
    {
     "text": "Nabhani v. Coglianese, 552 F. Supp. 657, 661 (N.D. Ill. 1982)",
     "url": null
    }
   ]
  },
  {
   "issue": "Public excluded from portion of meeting",
   "outcome": "violation_found",
   "rule": "A public body violates OMA when it effectively restricts the public from attending a portion of an open meeting.",
   "decision": {
    "title": "A planning commission's closed-door discussion after a public hearing",
    "date": "2024-07-02",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-74390/"
   },
   "authorities": []
  },
  {
   "issue": "March 30, 2022 special meeting notice and agenda",
   "outcome": "no_violation",
   "rule": "The available information did not show the Board violated OMA notice or agenda requirements for its March 30, 2022 special meeting.",
   "decision": {
    "title": "Website posting of meeting agendas and minutes",
    "date": "2022-09-20",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-71528/"
   },
   "authorities": []
  },
  {
   "issue": "Improper discussion of public business before public admitted",
   "outcome": "no_violation",
   "rule": "No violation where the Board did not begin discussing public business until the public entered and the meeting was called to order; seating members beforehand is permissible absent improper deliberation.",
   "decision": {
    "title": "A housing authority's locked meeting room and delayed entry",
    "date": "2022-01-18",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-68606/"
   },
   "authorities": []
  },
  {
   "issue": "Pre-meeting discussion violated open meeting requirement",
   "outcome": "violation_found",
   "rule": "All meetings of public bodies must be open to the public unless a specific exception applies; no exception applied to the Board's secret pre-meeting discussion.",
   "decision": {
    "title": "A board's private discussion of equipment purchases",
    "date": "2021-01-26",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-65448/"
   },
   "authorities": [
    {
     "text": "People ex rel. Difanis v. Barr, 83 Ill. 2d 191, 202 (1980)",
     "url": "https://illinoisfoia.org/cases/pre1996-46324/"
    }
   ]
  },
  {
   "issue": "Meeting held at location not convenient and open to public",
   "outcome": "violation_found",
   "rule": "A public body must hold meetings at the time and place specified in the agenda and at a location convenient and open to the public.",
   "decision": {
    "title": "A committee's closed-session meeting at an undisclosed location without a recording",
    "date": "2019-03-07",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-55379/"
   },
   "authorities": []
  },
  {
   "issue": "Committee meeting transformed into unnotified Board meeting",
   "outcome": "violation_found",
   "rule": "A gathering of a majority of a quorum of a public body for discussing public business is a meeting subject to OMA notice requirements.",
   "decision": {
    "title": "A committee meeting with a quorum of the village board",
    "date": "2019-12-06",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-48812/"
   },
   "authorities": [
    {
     "text": "University Professionals of Illinois v. Stukel, 344 Ill. App. 3d 856, 868 (1st Dist. 2003)",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen Op. No. S-726, issued March 22, 1974",
     "url": null
    },
    {
     "text": "Nabhani v. Coglianese, 552 F. Supp. 657, 661 (N.D. Ill. 1982)",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 49828, issued June 20, 2018",
     "url": "https://illinoisfoia.org/opinions/letter-49828/"
    }
   ]
  },
  {
   "issue": "Unauthorized closed session discussions",
   "outcome": "violation_found",
   "rule": "The Committee discussed police department consolidation, which is not within any OMA exception, and other topics beyond the scope of the cited exceptions.",
   "decision": {
    "title": "Closed-session discussion of police service consolidation",
    "date": "2018-04-18",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-51987/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. Pub. Acc. Op. No. 16-013",
     "url": "https://illinoisfoia.org/opinions/2016-pac-44249/"
    },
    {
     "text": "Ill. Att'y Gen. Pub. Acc. Op. No. 12-011",
     "url": "https://illinoisfoia.org/opinions/2012-pac-19265/"
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltrs. 36399, 36401",
     "url": null
    }
   ]
  },
  {
   "issue": "Closed session discussion outside scope of 2(c)(1) exception",
   "outcome": "violation_found",
   "rule": "A public body violates OMA by discussing matters in closed session that do not fall within the scope of the cited exception, such as general duties rather than specific employee performance.",
   "decision": {
    "title": "Closed-session discussion of a bidding process",
    "date": "2018-03-28",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-51599/"
   },
   "authorities": [
    {
     "text": "Gosnell v. Hogan, 179 Ill. App. 3d 161, 171 (5th Dist. 1989)",
     "url": "https://illinoisfoia.org/cases/pre1996-128527/"
    },
    {
     "text": "Henry v. Anderson, 356 Ill. App. 3d 952, 996-97 (4th Dist. 2005)",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen. Pub. Acc. Op. No. 16-013, issued December 23, 2016",
     "url": "https://illinoisfoia.org/opinions/2016-pac-44249/"
    },
    {
     "text": "Ill. Att'y Gen. Pub. Acc. Op. No. 12-011, issued July 11, 2012",
     "url": "https://illinoisfoia.org/opinions/2012-pac-19265/"
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 12658, issued July 7, 2011",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen. Pub. Acc. Op. No. 15-007, issued September 16, 2015",
     "url": "https://illinoisfoia.org/opinions/2015-pac-35861/"
    }
   ]
  },
  {
   "issue": "City Council held meeting without OMA compliance",
   "outcome": "violation_found",
   "rule": "A gathering of a majority of a quorum of a public body to discuss public business must comply with OMA's notice and other requirements.",
   "decision": {
    "title": "An unannounced council gathering to discuss water business",
    "date": "2017-11-01",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-49874/"
   },
   "authorities": [
    {
     "text": "Gosnell v. Hogan, 179 Ill. App. 3d 161, 171 (5th Dist. 1989)",
     "url": "https://illinoisfoia.org/cases/pre1996-128527/"
    },
    {
     "text": "1974 Ill. Att'y Gen. Op. No. S-726, issued March 22, 1974, at 126",
     "url": null
    },
    {
     "text": "Nabhani v. Coglianese, 552 F. Supp. 657, 661 (N.D. Ill. 1982)",
     "url": null
    }
   ]
  },
  {
   "issue": "Whether partisan precinct committeemen meeting is a public body under OMA",
   "outcome": "no_violation",
   "rule": "OMA does not apply to truly political meetings at which party business is discussed, as they are not meetings of a public body.",
   "decision": {
    "title": "A political party precinct committeemen meeting",
    "date": "2015-06-29",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-35946/"
   },
   "authorities": [
    {
     "text": "People ex rel. Difanis v. Barr, 83 Ill. 2d 191, 202 (1980)",
     "url": "https://illinoisfoia.org/cases/pre1996-46324/"
    }
   ]
  }
 ]
}