{
 "topic": "OMA section 7(a)",
 "statute": "5 ILCS 120/7(a)",
 "family": "Remote attendance",
 "page": "https://illinoisfoia.org/issues/oma-7-a/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 3,
  "no_violation": 3,
  "no_determination": 2,
  "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 allowed a member to attend remotely without a majority vote or without following its own rules for remote attendance.",
    "why": "The OMA requires a majority of the public body to consent before allowing remote attendance, and the body must act in accordance with its rules.",
    "decisions": [
     {
      "title": "School board member attending a meeting remotely by phone",
      "url": "https://illinoisfoia.org/opinions/letter-74763/#issue-1"
     },
     {
      "title": "Remote attendance rules and public remote testimony",
      "url": "https://illinoisfoia.org/opinions/letter-54143/#issue-1"
     }
    ]
   },
   {
    "text": "The public body allowed remote attendance for a reason that does not qualify under section 7(a), such as a pre-planned family trip.",
    "why": "The permissible reasons are limited to personal illness, employment, or a family or other emergency involving immediacy; a pre-planned trip is not an emergency.",
    "decisions": [
     {
      "title": "A member participating by telephone at a meeting",
      "url": "https://illinoisfoia.org/opinions/letter-56086/#issue-1"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The public body denies a member's request to attend remotely, even for illness or inability to attend in person.",
    "why": "The remote attendance provision is permissive, not mandatory, so the body has discretion to deny remote participation.",
    "decisions": [
     {
      "title": "A school board member's remote attendance and access to documents",
      "url": "https://illinoisfoia.org/opinions/letter-69602/#issue-1"
     },
     {
      "title": "A village board trustee's request to attend a closed session remotely",
      "url": "https://illinoisfoia.org/opinions/letter-69969/#issue-1"
     }
    ]
   },
   {
    "text": "The public body allows remote attendance for employment purposes and its decision is not clearly unreasonable.",
    "why": "The body has discretion to determine whether a member's employment purposes qualify, and the Bureau will not overturn that decision unless it is clearly unreasonable.",
    "decisions": [
     {
      "title": "A trustee's audio-conference participation in a meeting",
      "url": "https://illinoisfoia.org/opinions/letter-33732/#issue-2"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "If the body allowed remote attendance without a majority vote, state that OMA requires a majority of the public body to consent before a member can attend remotely. Cite the meeting where no vote was taken or the motion was not seconded.",
    "why": "",
    "decisions": [
     {
      "title": "School board member attending a meeting remotely by phone",
      "url": "https://illinoisfoia.org/opinions/letter-74763/#issue-1"
     },
     {
      "title": "Remote attendance rules and public remote testimony",
      "url": "https://illinoisfoia.org/opinions/letter-54143/#issue-1"
     }
    ]
   },
   {
    "text": "If the body allowed remote attendance for a reason like a family trip, argue that the reason must be a personal illness, employment, or a family or other emergency involving immediacy. A pre-planned trip does not meet that standard.",
    "why": "",
    "decisions": [
     {
      "title": "A member participating by telephone at a meeting",
      "url": "https://illinoisfoia.org/opinions/letter-56086/#issue-1"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "Whether the public body took a vote to allow remote attendance, and if so, whether a majority consented.",
   "The specific reason the member gave for wanting to attend remotely.",
   "Whether the public body has adopted rules governing remote attendance.",
   "The nature of the meeting (open or closed session) if remote attendance was denied."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that a member has a right to attend remotely for illness or any family reason. The provision is permissive, and the reason must meet specific criteria.",
    "why": "",
    "decisions": [
     {
      "title": "A school board member's remote attendance and access to documents",
      "url": "https://illinoisfoia.org/opinions/letter-69602/#issue-1"
     },
     {
      "title": "A member participating by telephone at a meeting",
      "url": "https://illinoisfoia.org/opinions/letter-56086/#issue-1"
     }
    ]
   },
   {
    "text": "Confusing the quorum requirement for remote attendance with the quorum needed to take action.",
    "why": "",
    "decisions": [
     {
      "title": "A committee meeting and action taken without a quorum",
      "url": "https://illinoisfoia.org/opinions/letter-56006/#issue-1"
     }
    ]
   },
   {
    "text": "Believing that remote attendance must be allowed in closed session if a member cannot attend in person.",
    "why": "",
    "decisions": [
     {
      "title": "A village board trustee's request to attend a closed session remotely",
      "url": "https://illinoisfoia.org/opinions/letter-69969/#issue-1"
     }
    ]
   }
  ],
  "caution": "These notes are based on non-binding determination letters; the outcome of any challenge depends on the specific facts and the public body's rules. Always verify the full PDF decisions."
 },
 "issues": [
  {
   "issue": "Remote attendance without majority consent",
   "outcome": "violation_found",
   "rule": "A majority of the public body must consent before allowing a member to attend remotely; the Board did not express such consent.",
   "decision": {
    "title": "School board member attending a meeting remotely by phone",
    "date": "2023-05-11",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-74763/"
   },
   "authorities": []
  },
  {
   "issue": "Ambiguous reason for remote attendance",
   "outcome": "no_determination",
   "rule": "It is unclear whether the member's stated reason for remote attendance fell within the permissible reasons under section 7(a).",
   "decision": {
    "title": "School board member attending a meeting remotely by phone",
    "date": "2023-05-11",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-74763/"
   },
   "authorities": []
  },
  {
   "issue": "Remote participation in closed session",
   "outcome": "no_violation",
   "rule": "OMA's remote attendance provisions are permissive, not mandatory, so a public body has discretion to deny remote participation in closed session even if a member cannot attend in person.",
   "decision": {
    "title": "A village board trustee's request to attend a closed session remotely",
    "date": "2022-03-10",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-69969/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 69602, issued February 9, 2022",
     "url": "https://illinoisfoia.org/opinions/letter-69602/"
    }
   ]
  },
  {
   "issue": "Remote attendance denied to ill board member",
   "outcome": "no_violation",
   "rule": "OMA's remote attendance provision is permissive, not mandatory, so a public body is not required to allow a member to attend remotely even for illness.",
   "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": "Remote attendance not justified by family emergency",
   "outcome": "violation_found",
   "rule": "A member may attend remotely only if prevented by personal illness, employment, or a family or other emergency involving immediacy; a pre-planned family trip does not qualify.",
   "decision": {
    "title": "A member participating by telephone at a meeting",
    "date": "2019-06-28",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-56086/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 37382",
     "url": null
    }
   ]
  },
  {
   "issue": "Remote attendance by Trustee Carballo without required approval",
   "outcome": "violation_found",
   "rule": "A public body may allow remote attendance only by majority vote and in accordance with its rules; the Board allowed Trustee Carballo to attend remotely without the required motion being seconded or approved.",
   "decision": {
    "title": "Remote attendance rules and public remote testimony",
    "date": "2019-02-14",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-54143/"
   },
   "authorities": []
  },
  {
   "issue": "Quorum requirement for committee meeting",
   "outcome": "no_determination",
   "rule": "OMA's quorum requirement applies only to remote attendance, not to the number of members needed to take action, which is governed by other rules.",
   "decision": {
    "title": "A committee meeting and action taken without a quorum",
    "date": "2018-12-13",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-56006/"
   },
   "authorities": [
    {
     "text": "111. Att'y Gen. PAC Req. Rev. Ltr. 48860 and 49185, issued December 7, 2017",
     "url": "https://illinoisfoia.org/opinions/letter-48860/"
    }
   ]
  },
  {
   "issue": "Board authority to allow remote attendance based on employment purposes",
   "outcome": "no_violation",
   "rule": "A majority of the public body may allow remote attendance for employment purposes; the Board has discretion to determine eligibility, and its decision was not clearly unreasonable.",
   "decision": {
    "title": "A trustee's audio-conference participation in a meeting",
    "date": "2015-06-04",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-33732/"
   },
   "authorities": []
  }
 ]
}