{
 "topic": "OMA section 2(c)(3) - Filling a public office / removing an office-holder",
 "statute": "5 ILCS 120/2(c)(3)",
 "family": "Closed meetings and exceptions",
 "page": "https://illinoisfoia.org/issues/oma-2-c-3/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 6,
  "no_violation": 1,
  "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 discussed an elected or appointed official's performance or removal, but the body lacked statutory or ordinance authority to remove that official.",
    "why": "Section 2(c)(3) only authorizes closed session discussion of performance or removal if the public body has the power to remove the occupant. Without removal authority, the discussion is not covered by the exception.",
    "decisions": [
     {
      "title": "Closed-session discussion of a board vacancy and discipline",
      "url": "https://illinoisfoia.org/opinions/letter-88005/#issue-1"
     },
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-1"
     },
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-3"
     }
    ]
   },
   {
    "text": "The closed session discussion concerned a position that is not a public office, such as a recording secretary.",
    "why": "The exception applies to public officers or specific employees; a recording secretary is not a public office, so discussion of performance or appointment is not permitted under this subsection.",
    "decisions": [
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-2"
     }
    ]
   },
   {
    "text": "The closed session was used to discuss a general policy matter, like an absenteeism ordinance, rather than a specific person's performance or employment.",
    "why": "Section 2(c)(3) requires the discussion to be about a specific person; general policy discussions do not fall within the exception.",
    "decisions": [
     {
      "title": "Closed-session discussion of a board vacancy and discipline",
      "url": "https://illinoisfoia.org/opinions/letter-88005/#issue-1"
     }
    ]
   },
   {
    "text": "The body tried to justify closed session discussion by claiming a vacancy, but the legal prerequisites for declaring that vacancy (e.g., disability, abandonment) were not met.",
    "why": "The power to declare a vacancy does not authorize removal discussions unless the statutory conditions are satisfied. Without those conditions, the discussion is unauthorized.",
    "decisions": [
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-4"
     },
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-5"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The closed session discussion was about candidates selected to fill a public office, and any tentative consensus did not amount to final action because the final vote occurred in open session.",
    "why": "The selection of a person to fill a public office is covered by the exception, and informal consensus does not constitute final action.",
    "decisions": [
     {
      "title": "Appointment of a park district board commissioner",
      "url": "https://illinoisfoia.org/opinions/letter-91103/#issue-3"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "Argue that the body lacked authority to remove the official, making the closed session discussion of performance or removal improper under Section 2(c)(3) as interpreted in decisions like D1479.1 and D1356.1.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of a board vacancy and discipline",
      "url": "https://illinoisfoia.org/opinions/letter-88005/#issue-1"
     },
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-1"
     }
    ]
   },
   {
    "text": "If the discussion involved a position like a recording secretary, assert that it is not a public office and the exception does not apply, relying on D1356.2.",
    "why": "",
    "decisions": [
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-2"
     }
    ]
   },
   {
    "text": "Show that the closed session was about a general ordinance or policy, not a specific person, which falls outside the scope of the exception per D1479.1.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of a board vacancy and discipline",
      "url": "https://illinoisfoia.org/opinions/letter-88005/#issue-1"
     }
    ]
   },
   {
    "text": "If the body claimed to discuss a vacancy, demand proof that all statutory conditions (e.g., doctor's certificate for disability) were fulfilled, citing D1356.4 and D1356.5.",
    "why": "",
    "decisions": [
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-4"
     },
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-5"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "Whether the public body has explicit statutory or ordinance authority to remove the officeholder.",
   "The legal classification of the position discussed (public office, employee, or other).",
   "The actual subject of the closed session—whether a specific individual or a general policy matter.",
   "If a vacancy was claimed, whether the body followed the required legal steps (e.g., guardian ad litem appointed, licensed doctor's written finding)."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that any employee or official's performance can be discussed in closed session, even if the body has no removal power.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of a board vacancy and discipline",
      "url": "https://illinoisfoia.org/opinions/letter-88005/#issue-1"
     },
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-1"
     }
    ]
   },
   {
    "text": "Treating a recording secretary or similar staff position as a public office for purposes of the exception.",
    "why": "",
    "decisions": [
     {
      "title": "A city council's closed-session discussion of the city clerk position",
      "url": "https://illinoisfoia.org/opinions/letter-68219/#issue-2"
     }
    ]
   },
   {
    "text": "Thinking that a general discussion of an absenteeism ordinance is covered by the exception just because it involves an officeholder.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of a board vacancy and discipline",
      "url": "https://illinoisfoia.org/opinions/letter-88005/#issue-1"
     }
    ]
   },
   {
    "text": "Confusing a public body's tentative consensus in closed session with final action, assuming it automatically violates the Act.",
    "why": "",
    "decisions": [
     {
      "title": "Appointment of a park district board commissioner",
      "url": "https://illinoisfoia.org/opinions/letter-91103/#issue-3"
     }
    ]
   }
  ],
  "caution": "These notes are based on a limited set of non-binding determination letters; facts matter and you should always verify the full PDFs and current law."
 },
 "issues": [
  {
   "issue": "Closed session discussion of commissioner candidates",
   "outcome": "no_violation",
   "rule": "Discussion of candidate qualifications in closed session is permissible under the selection of a person to fill a public office exception, and any tentative consensus did not constitute final action because the Board voted in open session.",
   "decision": {
    "title": "Appointment of a park district board commissioner",
    "date": "2026-06-12",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-91103/"
   },
   "authorities": [
    {
     "text": "Board of Education of Springfield School Dist. No. 186, 2017 IL 120343",
     "url": "https://illinoisfoia.org/cases/2015%20IL%20App%20(4th)%20140941/"
    },
    {
     "text": "Jewell v. Board of Education, 19 Ill. App. 3d 1091, 1095 (1974)",
     "url": null
    }
   ]
  },
  {
   "issue": "Closed session discussion of commissioner absenteeism and vacancy",
   "outcome": "violation_found",
   "rule": "Section 2(c)(3) does not authorize closed session discussion of a commissioner's performance unless the board has authority to remove the official, and general absenteeism ordinance discussions are not covered.",
   "decision": {
    "title": "Closed-session discussion of a board vacancy and discipline",
    "date": "2025-11-26",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-88005/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 50734",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen. Pub. Acc. Op. No. 17-013",
     "url": "https://illinoisfoia.org/opinions/2017-pac-49332/"
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 68219",
     "url": "https://illinoisfoia.org/opinions/letter-68219/"
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 47555",
     "url": null
    }
   ]
  },
  {
   "issue": "Closed session discussion of City Clerk's performance/removal",
   "outcome": "violation_found",
   "rule": "A public body may discuss an officeholder's performance or removal in closed session only if it has the power to remove the occupant under law or ordinance.",
   "decision": {
    "title": "A city council's closed-session discussion of the city clerk position",
    "date": "2022-07-13",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-68219/"
   },
   "authorities": []
  },
  {
   "issue": "Closed session discussion of recording secretary position",
   "outcome": "violation_found",
   "rule": "The recording secretary is not a public office, so section 2(c)(3) did not authorize closed session discussion of the performance or appointment of the recording secretary.",
   "decision": {
    "title": "A city council's closed-session discussion of the city clerk position",
    "date": "2022-07-13",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-68219/"
   },
   "authorities": []
  },
  {
   "issue": "Authority to remove City Clerk under managerial form",
   "outcome": "violation_found",
   "rule": "No provision of the Illinois Municipal Code governing the managerial form of government permits the City Council to remove the elected city clerk from office.",
   "decision": {
    "title": "A city council's closed-session discussion of the city clerk position",
    "date": "2022-07-13",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-68219/"
   },
   "authorities": []
  },
  {
   "issue": "Vacancy by disability as removal power",
   "outcome": "violation_found",
   "rule": "The power to declare a vacancy due to disability can only be exercised if a guardian ad litem is appointed or a licensed doctor makes a written finding of impairment, and no such conditions were satisfied.",
   "decision": {
    "title": "A city council's closed-session discussion of the city clerk position",
    "date": "2022-07-13",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-68219/"
   },
   "authorities": []
  },
  {
   "issue": "Vacancy by abandonment as removal power",
   "outcome": "violation_found",
   "rule": "The ability to determine that an office is vacant by reason of abandonment does not empower the City Council to remove the City Clerk from office.",
   "decision": {
    "title": "A city council's closed-session discussion of the city clerk position",
    "date": "2022-07-13",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-68219/"
   },
   "authorities": []
  }
 ]
}