OMA section 7(a)
OMA5 ILCS 120/7(a). Section 7 overview: Lets a member who can't physically attend (illness, work travel, family emergency, unexpected childcare, or active military duty) participate remotely by phone or video, but only if a quorum is still physically present and the body votes to allow it.
8 issues across 7 determination letters:3 violation found · 3 no violation · 2 no determination / resolved.
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 Determination letters are not binding precedent.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
- School board meetings without a physical quorum (PAC Req. Rev. Ltr. 48860 and 49185) cited 1 times
- A school board member's remote attendance and access to documents (PAC Req. Rev. Ltr. 69602) cited 1 times
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 Determination letters are not binding precedent and this is not legal advice.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 allowed a member to attend remotely without a majority vote or without following its own rules for remote attendance. 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.Based on: 2023 · School board member attending a m… · 2019 · Remote attendance rules and publi…
- The public body allowed remote attendance for a reason that does not qualify under section 7(a), such as a pre-planned family trip. 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.Based on: 2019 · A member participating by telepho…
When the public body usually wins
- The public body denies a member's request to attend remotely, even for illness or inability to attend in person. The remote attendance provision is permissive, not mandatory, so the body has discretion to deny remote participation.Based on: 2022 · A school board member's remote at… · 2022 · A village board trustee's request…
- The public body allows remote attendance for employment purposes and its decision is not clearly unreasonable. 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.Based on: 2015 · A trustee's audio-conference part…
Points to put in your letter
- 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.Based on: 2023 · School board member attending a m… · 2019 · Remote attendance rules and publi…
- 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.Based on: 2019 · A member participating by telepho…
Common mistakes
- 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.Based on: 2022 · A school board member's remote at… · 2019 · A member participating by telepho…
- Confusing the quorum requirement for remote attendance with the quorum needed to take action.Based on: 2018 · A committee meeting and action ta…
- Believing that remote attendance must be allowed in closed session if a member cannot attend in person.Based on: 2022 · A village board trustee's request…
Facts to gather first
- 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.
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.
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-7-a.json.
Violation found (3)
Remote attendance without majority consent
Rule: A majority of the public body must consent before allowing a member to attend remotely; the Board did not express such consent.
Violation found School board member attending a meeting remotely by phone · May 11, 2023
Remote attendance not justified by family emergency
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.
Violation found A member participating by telephone at a meeting · June 28, 2019
Remote attendance by Trustee Carballo without required approval
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.
Violation found Remote attendance rules and public remote testimony · February 14, 2019
No violation (3)
Remote participation in closed session
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.
No violation A village board trustee's request to attend a closed session remotely · March 10, 2022
Remote attendance denied to ill board member
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.
No violation A school board member's remote attendance and access to documents · February 9, 2022
Board authority to allow remote attendance based on employment purposes
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.
No violation A trustee's audio-conference participation in a meeting · June 4, 2015
No determination / resolved (2)
Ambiguous reason for remote attendance
Rule: It is unclear whether the member's stated reason for remote attendance fell within the permissible reasons under section 7(a).
No determination / resolved School board member attending a meeting remotely by phone · May 11, 2023
Quorum requirement for committee meeting
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.
No determination / resolved A committee meeting and action taken without a quorum · December 13, 2018