{
 "topic": "OMA section 3.5(a)",
 "statute": "5 ILCS 120/3.5(a)",
 "family": "Review by the Public Access Counselor",
 "page": "https://illinoisfoia.org/issues/oma-3-5-a/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 1,
  "no_violation": 10,
  "no_determination": 23,
  "other": 1
 },
 "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": "You are filing as any person who believes a violation occurred, even if you are not the most directly affected.",
    "why": "The Bureau has confirmed that standing under OMA is broad; any person may file a request for review.",
    "decisions": [
     {
      "title": "School board's public comment policy and its enforcement",
      "url": "https://illinoisfoia.org/opinions/letter-51302/#issue-1"
     },
     {
      "title": "A village board's restrictive public comment policies",
      "url": "https://illinoisfoia.org/opinions/letter-37391/#issue-1"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The request for review was filed more than 60 days after the alleged violation, and the requester did not show reasonable diligence in discovering it earlier.",
    "why": "The Bureau strictly enforces the 60-day deadline, and without evidence of late discovery, the request is untimely.",
    "decisions": [
     {
      "title": "Posting of approved open meeting minutes on a school board's website",
      "url": "https://illinoisfoia.org/opinions/letter-46182/#issue-1"
     },
     {
      "title": "Posting of approved open meeting minutes on a school board's website",
      "url": "https://illinoisfoia.org/opinions/letter-46182/#issue-2"
     },
     {
      "title": "A village trustee's right to address the board",
      "url": "https://illinoisfoia.org/opinions/letter-52413/#issue-1"
     },
     {
      "title": "A committee meeting with a quorum of the village board",
      "url": "https://illinoisfoia.org/opinions/letter-48812/#issue-1"
     },
     {
      "title": "Maintenance and storage of open session minutes and closed session recordings",
      "url": "https://illinoisfoia.org/opinions/letter-50424/#issue-1"
     },
     {
      "title": "A school board's closed-session discussions and failure to review minutes",
      "url": "https://illinoisfoia.org/opinions/letter-72129/#issue-1"
     },
     {
      "title": "A school board's 30-minute public comment limit",
      "url": "https://illinoisfoia.org/opinions/letter-68199/#issue-3"
     },
     {
      "title": "Closed-session discussions of a 2016 sewer project",
      "url": "https://illinoisfoia.org/opinions/letter-76520/#issue-1"
     },
     {
      "title": "A council's meeting notices and member OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-54184/#issue-4"
     },
     {
      "title": "A board member ordering a technician to stop recording a closed session",
      "url": "https://illinoisfoia.org/opinions/letter-50757/#issue-1"
     }
    ]
   },
   {
    "text": "The request for review lacks specific dates or enough facts to support the allegation.",
    "why": "The Bureau will not investigate vague or undated claims.",
    "decisions": [
     {
      "title": "Private board meetings to discuss appointing a village president",
      "url": "https://illinoisfoia.org/opinions/letter-71226/#issue-4"
     },
     {
      "title": "Meeting location notice on a hospital board agenda",
      "url": "https://illinoisfoia.org/opinions/letter-75513/#issue-1"
     },
     {
      "title": "A city council's restriction of public comment time",
      "url": "https://illinoisfoia.org/opinions/letter-56926/#issue-5"
     },
     {
      "title": "Private meetings of city council members at local establishments",
      "url": "https://illinoisfoia.org/opinions/letter-57843/#issue-1"
     }
    ]
   },
   {
    "text": "The request challenges a public body's voting at a committee of the whole meeting.",
    "why": "The Bureau has found that OMA does not limit voting at such meetings.",
    "decisions": [
     {
      "title": "Meeting agenda descriptions for final action items",
      "url": "https://illinoisfoia.org/opinions/letter-87259/#issue-1"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "State the exact date you discovered the violation and explain why it could not have been discovered sooner, especially if it involved a closed session.",
    "why": "",
    "decisions": [
     {
      "title": "A city council's closed-session discussion of a conditional use permit",
      "url": "https://illinoisfoia.org/opinions/letter-68363/#issue-1"
     },
     {
      "title": "An advisory committee's closed meetings and missing records",
      "url": "https://illinoisfoia.org/opinions/letter-60134/#issue-1"
     },
     {
      "title": "Closed-session discussions of a potential real estate purchase",
      "url": "https://illinoisfoia.org/opinions/letter-59963/#issue-1"
     }
    ]
   },
   {
    "text": "Include the date or approximate date of the meeting or action you are challenging.",
    "why": "",
    "decisions": [
     {
      "title": "Private meetings of city council members at local establishments",
      "url": "https://illinoisfoia.org/opinions/letter-57843/#issue-1"
     }
    ]
   },
   {
    "text": "Describe the steps you took to uncover the violation (e.g., reviewing minutes, filing FOIA requests) to show reasonable diligence.",
    "why": "",
    "decisions": [
     {
      "title": "A board retreat at a remote location",
      "url": "https://illinoisfoia.org/opinions/letter-50150/#issue-1"
     },
     {
      "title": "Closed-session termination of an employee",
      "url": "https://illinoisfoia.org/opinions/letter-49854/#issue-1"
     }
    ]
   },
   {
    "text": "Remind the Bureau that any person may file a request for review, not just those directly involved.",
    "why": "",
    "decisions": [
     {
      "title": "School board's public comment policy and its enforcement",
      "url": "https://illinoisfoia.org/opinions/letter-51302/#issue-1"
     },
     {
      "title": "A village board's restrictive public comment policies",
      "url": "https://illinoisfoia.org/opinions/letter-37391/#issue-1"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "The date of the meeting or action you allege violated OMA.",
   "The date you first learned of the violation and how you learned it (e.g., from minutes, a news article, a FOIA response).",
   "Records of your efforts to discover the violation, such as dates you attended meetings, reviewed minutes, or submitted FOIA requests.",
   "If the violation involved a closed session, the date the closed session minutes were approved or made public."
  ],
  "common_mistakes": [
   {
    "text": "Assuming the 60-day deadline always starts on the meeting date, without considering the discovery rule for hidden violations.",
    "why": "",
    "decisions": [
     {
      "title": "Posting of approved open meeting minutes on a school board's website",
      "url": "https://illinoisfoia.org/opinions/letter-46182/#issue-1"
     },
     {
      "title": "Posting of approved open meeting minutes on a school board's website",
      "url": "https://illinoisfoia.org/opinions/letter-46182/#issue-2"
     }
    ]
   },
   {
    "text": "Filing a request for review without stating the date of the alleged violation.",
    "why": "",
    "decisions": [
     {
      "title": "Private meetings of city council members at local establishments",
      "url": "https://illinoisfoia.org/opinions/letter-57843/#issue-1"
     }
    ]
   },
   {
    "text": "Filing a request for review before the meeting has actually occurred.",
    "why": "",
    "decisions": [
     {
      "title": "A school board's remote special meeting",
      "url": "https://illinoisfoia.org/opinions/letter-70010/#issue-1"
     }
    ]
   },
   {
    "text": "Believing that only a person directly harmed by the violation can file a request for review.",
    "why": "",
    "decisions": [
     {
      "title": "School board's public comment policy and its enforcement",
      "url": "https://illinoisfoia.org/opinions/letter-51302/#issue-1"
     },
     {
      "title": "A village board's restrictive public comment policies",
      "url": "https://illinoisfoia.org/opinions/letter-37391/#issue-1"
     }
    ]
   }
  ],
  "caution": "These notes are based on non-binding determination letters from the Public Access Bureau; outcomes depend on specific facts, and you should verify the full text of any cited decision."
 },
 "issues": [
  {
   "issue": "Voting at committee of the whole meeting",
   "outcome": "no_violation",
   "rule": "OMA does not limit a public body's ability to vote on agenda items at a meeting designated as a committee of the whole meeting.",
   "decision": {
    "title": "Meeting agenda descriptions for final action items",
    "date": "2025-06-26",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-87259/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of Requests for Review",
   "outcome": "no_violation",
   "rule": "Requests for review based on newly discovered facts from FOIA responses within 60 days are timely, even if allegations involve some speculation about closed sessions.",
   "decision": {
    "title": "Closed-session discussions of school closures and budget cuts",
    "date": "2024-11-08",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-77626/"
   },
   "authorities": []
  },
  {
   "issue": "Public comment rules previously addressed",
   "outcome": "no_determination",
   "rule": "No further action is warranted on public comment rules because the Public Access Bureau previously addressed those concerns in an earlier request for review.",
   "decision": {
    "title": "Virtual meeting registration and public comment rules",
    "date": "2023-09-11",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-77875/"
   },
   "authorities": [
    {
     "text": "2023 PAC 75707",
     "url": null
    }
   ]
  },
  {
   "issue": "Virtual attendance rules without specific application",
   "outcome": "no_determination",
   "rule": "The office will not review a public body's rules absent an allegation that the rules were applied in a manner that violated OMA.",
   "decision": {
    "title": "Virtual meeting registration and public comment rules",
    "date": "2023-09-11",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-77875/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 50917",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 75707",
     "url": null
    }
   ]
  },
  {
   "issue": "Timeliness of Request for Review",
   "outcome": "no_determination",
   "rule": "A request for review must be filed within 60 days of the alleged violation unless facts are discovered later despite reasonable diligence, in which case it may be filed within 60 days of discovery, not exceeding 2 years.",
   "decision": {
    "title": "Closed-session discussion of a pathway vacation ordinance",
    "date": "2023-11-21",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-76914/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. Pub. Acc. Op. No. 23-004",
     "url": "https://illinoisfoia.org/opinions/2023-pac-74927/"
    }
   ]
  },
  {
   "issue": "Untimely Request for Review",
   "outcome": "no_determination",
   "rule": "A request for review must be filed within 60 days of the alleged violation, or within 60 days of discovery if discovered later, but no more than 2 years after the violation.",
   "decision": {
    "title": "Closed-session discussions of a 2016 sewer project",
    "date": "2023-05-25",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-76520/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of Request for Review",
   "outcome": "no_violation",
   "rule": "The 60-day filing period is computed by excluding the first day and including the last, unless the last day is a weekend or holiday, in which case it is also excluded.",
   "decision": {
    "title": "A library board's appointment of a trustee not on the agenda",
    "date": "2023-11-08",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-75844/"
   },
   "authorities": [
    {
     "text": "5 ILCS 70/1.11",
     "url": null
    },
    {
     "text": "5 ILCS 70/1.25",
     "url": null
    }
   ]
  },
  {
   "issue": "Closed session minutes review and posting allegations",
   "outcome": "no_determination",
   "rule": "Generalized allegations without supporting facts do not warrant further inquiry under OMA.",
   "decision": {
    "title": "Meeting location notice on a hospital board agenda",
    "date": "2023-06-13",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-75513/"
   },
   "authorities": []
  },
  {
   "issue": "Alleged improper meetings on unspecified dates",
   "outcome": "no_determination",
   "rule": "Request for Review lacked sufficient facts because no dates or approximate dates were provided for the alleged meetings.",
   "decision": {
    "title": "Private board meetings to discuss appointing a village president",
    "date": "2023-06-13",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-71226/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of Request for Review for February 23, 2021, September 29, 2020, and July 28, 2020 meetings",
   "outcome": "no_determination",
   "rule": "A request for review must be filed within 60 days of the alleged violation, or within 60 days of discovery if the violation was not reasonably discoverable within that period.",
   "decision": {
    "title": "A school board's closed-session discussions and failure to review minutes",
    "date": "2022-04-14",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-72129/"
   },
   "authorities": []
  },
  {
   "issue": "PAC authority over former board member's alleged OMA violation",
   "outcome": "no_determination",
   "rule": "The PAC lacks authority to review an OMA request for review that does not allege a violation by a public body.",
   "decision": {
    "title": "A former board member's blog post with closed-session audio",
    "date": "2022-04-07",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-70648/"
   },
   "authorities": []
  },
  {
   "issue": "Premature request for review before meeting occurred",
   "outcome": "no_determination",
   "rule": "A request for review submitted before the challenged meeting occurs is premature because no violation could have happened yet.",
   "decision": {
    "title": "A school board's remote special meeting",
    "date": "2022-03-15",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-70010/"
   },
   "authorities": []
  },
  {
   "issue": "Superintendent's communications practices",
   "outcome": "no_determination",
   "rule": "The Public Access Counselor's review is limited to alleged OMA violations, and communications practices do not allege an OMA violation.",
   "decision": {
    "title": "A school board member's remote attendance and access to documents",
    "date": "2022-02-09",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-69602/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of Request for Review",
   "outcome": "other",
   "rule": "A request for review filed within 60 days of discovering facts about a closed session violation, and within two years of the violation, is timely.",
   "decision": {
    "title": "Closed-session discussion of a property sale",
    "date": "2022-06-03",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-69094/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of Request for Review",
   "outcome": "no_violation",
   "rule": "A request for review is timely if filed within 60 days of discovering facts concerning the alleged violation when the violation occurred in closed session and could not have been discovered earlier.",
   "decision": {
    "title": "A city council's closed-session discussion of a conditional use permit",
    "date": "2022-07-05",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-68363/"
   },
   "authorities": []
  },
  {
   "issue": "February 20, 2017 meeting time reduction",
   "outcome": "no_determination",
   "rule": "A request for review filed more than 60 days after the alleged violation, and more than two years after discovery, is time-barred.",
   "decision": {
    "title": "A school board's 30-minute public comment limit",
    "date": "2022-04-08",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-68199/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of Request for Review",
   "outcome": "no_determination",
   "rule": "A request for review must be filed within 60 days of the alleged violation, or within 60 days of discovery if facts were not discovered with reasonable diligence, but no later than 2 years after the violation.",
   "decision": {
    "title": "Destruction of closed-session recordings by a university board",
    "date": "2021-11-09",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-72122/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of Request for Review",
   "outcome": "no_violation",
   "rule": "Request for Review was timely because requester did not discover alleged violations within 60 days despite reasonable diligence and filed within 60 days of discovery.",
   "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": "Timeliness of request for review of June 4, 2019 meeting",
   "outcome": "no_violation",
   "rule": "Request for review was timely because facts of the closed session violation could not have been discovered until the September 10, 2019 public approval.",
   "decision": {
    "title": "Closed-session discussions of a potential real estate purchase",
    "date": "2020-06-08",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-59963/"
   },
   "authorities": []
  },
  {
   "issue": "Inconsistent enforcement of rules",
   "outcome": "no_determination",
   "rule": "A request for review must include a summary of facts sufficient to support a violation; vague allegations do not warrant further action.",
   "decision": {
    "title": "A city council's restriction of public comment time",
    "date": "2020-03-10",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-56926/"
   },
   "authorities": []
  },
  {
   "issue": "Request for Review lacks date of alleged violation",
   "outcome": "no_determination",
   "rule": "A Request for Review must include the date or approximate date of the alleged violation to satisfy the 60-day filing requirement and warrant further action.",
   "decision": {
    "title": "Private meetings of city council members at local establishments",
    "date": "2019-05-02",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-57843/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of request for review",
   "outcome": "no_violation",
   "rule": "Request filed within 60 days of discovery of alleged violation, which occurred at a press conference, was timely.",
   "decision": {
    "title": "Closed-session discussion about a library branch relocation",
    "date": "2019-04-02",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-55687/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of request for review under reasonable diligence",
   "outcome": "no_determination",
   "rule": "Request for review was timely because the requester could not discover the closed session subject matter within 60 days despite reasonable diligence.",
   "decision": {
    "title": "Closed-session discussion of an executive director succession plan",
    "date": "2019-05-31",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-54122/"
   },
   "authorities": []
  },
  {
   "issue": "Untimely allegations of agenda deviation and improper closure",
   "outcome": "no_determination",
   "rule": "A request for review must be filed within 60 days of the alleged violation unless facts were not discovered within that period.",
   "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": []
  },
  {
   "issue": "Timeliness of notice allegations for older meetings",
   "outcome": "no_determination",
   "rule": "A request for review must be filed within 60 days of the alleged violation or discovery; without evidence of reasonable diligence, older claims are untimely and outside the PAC's authority.",
   "decision": {
    "title": "A council's meeting notices and member OMA training",
    "date": "2018-12-19",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-54184/"
   },
   "authorities": []
  },
  {
   "issue": "January 8, 2018 meeting violation alleged untimely",
   "outcome": "no_determination",
   "rule": "A request for review must be filed within 60 days after the alleged violation, so the Public Access Counselor cannot address untimely allegations.",
   "decision": {
    "title": "A village trustee's right to address the board",
    "date": "2018-04-06",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-52413/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of request for review",
   "outcome": "no_violation",
   "rule": "Request for review was timely because the alleged violations occurred in closed session and the requester could not have discovered them earlier despite reasonable diligence.",
   "decision": {
    "title": "Closed-session discussion of police service consolidation",
    "date": "2018-04-18",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-51987/"
   },
   "authorities": []
  },
  {
   "issue": "Standing to file request for review",
   "outcome": "violation_found",
   "rule": "OMA allows any person who believes a violation occurred to file a request for review; standing is not limited to those directly affected.",
   "decision": {
    "title": "School board's public comment policy and its enforcement",
    "date": "2018-04-24",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-51302/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 37391",
     "url": "https://illinoisfoia.org/opinions/letter-37391/"
    }
   ]
  },
  {
   "issue": "Timeliness of request for review",
   "outcome": "no_determination",
   "rule": "A request for review must be filed within 60 days of discovering the alleged violation; if not, the PAC lacks authority to review.",
   "decision": {
    "title": "A board member ordering a technician to stop recording a closed session",
    "date": "2018-05-09",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-50757/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of allegations from before 60 days",
   "outcome": "no_determination",
   "rule": "A request for review must be filed within 60 days of the alleged violation unless facts were not discovered despite reasonable diligence.",
   "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": []
  },
  {
   "issue": "Timeliness of Requests for Review",
   "outcome": "no_determination",
   "rule": "Requests for Review were timely because the requesters used reasonable diligence and discovered the alleged violation only after reviewing financial records in October 2017.",
   "decision": {
    "title": "A board retreat at a remote location",
    "date": "2018-03-09",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-50150/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of request for review under reasonable diligence",
   "outcome": "no_violation",
   "rule": "Request for review was timely because requester used reasonable diligence and did not discover material facts until later.",
   "decision": {
    "title": "Closed-session termination of an employee",
    "date": "2017-11-28",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-49854/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of request for review of September 19, 2016 meeting minutes posting",
   "outcome": "no_determination",
   "rule": "A request for review must be filed within 60 days of the violation if the violation is discovered within that period; otherwise, the PAC lacks authority to review.",
   "decision": {
    "title": "Posting of approved open meeting minutes on a school board's website",
    "date": "2017-02-22",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-46182/"
   },
   "authorities": []
  },
  {
   "issue": "Timeliness of request for review of August 15, 2016 meeting minutes posting",
   "outcome": "no_determination",
   "rule": "A request for review filed more than 60 days after the violation is timely only if the requester used reasonable diligence in discovering the violation.",
   "decision": {
    "title": "Posting of approved open meeting minutes on a school board's website",
    "date": "2017-02-22",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-46182/"
   },
   "authorities": []
  },
  {
   "issue": "Standing to file OMA request for review",
   "outcome": "no_violation",
   "rule": "Any person who believes a public body violated OMA may file a request for review; standing is not limited to the person most directly affected.",
   "decision": {
    "title": "A village board's restrictive public comment policies",
    "date": "2016-01-11",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-37391/"
   },
   "authorities": []
  }
 ]
}