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OMA section 2(c)(3)

OMA

Filling a public office / removing an office-holder

5 ILCS 120/2(c)(3). Filling a public office / removing an office-holder

See every document citing this provision →

7 issues across 3 determination letters:6 violation found · 1 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 Determination letters are not binding precedent.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 Determination letters are not binding precedent and this is not legal advice.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

  • 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. 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.Based on: 2025 · Closed-session discussion of a bo… · 2022 · A city council's closed-session d… · 2022 · A city council's closed-session d…
  • The closed session discussion concerned a position that is not a public office, such as a recording secretary. 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.Based on: 2022 · A city council's closed-session d…
  • The closed session was used to discuss a general policy matter, like an absenteeism ordinance, rather than a specific person's performance or employment. Section 2(c)(3) requires the discussion to be about a specific person; general policy discussions do not fall within the exception.Based on: 2025 · Closed-session discussion of a bo…
  • 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. The power to declare a vacancy does not authorize removal discussions unless the statutory conditions are satisfied. Without those conditions, the discussion is unauthorized.Based on: 2022 · A city council's closed-session d… · 2022 · A city council's closed-session d…

When the public body usually wins

  • 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. The selection of a person to fill a public office is covered by the exception, and informal consensus does not constitute final action.Based on: 2026 · Appointment of a park district bo…

Points to put in your letter

Common mistakes

Facts to gather first

  • 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).

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.

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-c-3.json.

Violation found (6)

No violation (1)