Public Body Definition

Public Body Definition: what the decisions show

This topic covers whether a particular board, committee, task force, or outside organization counts as a 'public body' that must follow the Freedom of Information Act or the Open Meetings Act. Disputes often involve advisory committees, task forces, and private or intergovernmental groups with some connection to government.

In these decisions, the PAC found some advisory groups subject to the Open Meetings Act, including a city health policy task force, a county enterprise zone advisory board, and regional trauma advisory committees, which were required to provide notice, keep minutes, and allow public access. It found other groups were not public bodies, including a school bilingual parent committee, a superintendent's task force, and a city bid-evaluation committee. It also concluded that judicial branch entities, federal agencies, and private non-profits are not covered by Illinois FOIA, and that a General Assembly commission is exempt from the Open Meetings Act.

At a glance: 10 documents from 2012 to 2020(1 binding opinion, 9 determination letters). Outcome: 3 found a violation (in whole or part), 4 found none. Most often cited alongside: 7(1)(a) (Federal/State-law confidentiality — or public defender case files, for documents issued under the other amendment version) (1).

Recurring issues

• Whether school district advisory committees and task forces are public bodies required to hold open meetings. (A bilingual parent advisory committee's OMA status, Superintendent's task force as a public body)
• Whether city-created task forces and bid-evaluation committees are public bodies under the Open Meetings Act. (A city task force's compliance with the Open Meetings Act, An ad-hoc committee evaluating redevelopment RFQs)
• Whether county and regional advisory boards and committees must allow public access to meetings. (An enterprise zone advisory board's OMA compliance, Regional trauma advisory committees' OMA status)
• Whether judicial branch entities, legislative commissions, and federal agencies are covered by Illinois FOIA or the Open Meetings Act. (Records regarding a judge's removal and complaints, A federal agency's response to an Illinois FOIA request)
• Whether a private nonprofit organization is a public body subject to FOIA. (Records from a private non-profit organization, Entity's status as a public body under FOIA and OMA)

Practical points

• A group that is found to be a public body is expected to provide public notice, keep minutes, and allow public access and comment under the Open Meetings Act.
• Illinois FOIA applies to Illinois state and local government bodies, not to a federal agency such as the U.S. Department of the Interior.
• A private nonprofit is not made subject to FOIA solely by its tax filings or general claims about making documents public.

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.