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Open Meetings Act
The purpose of the Open Meetings Act as described in the Illinois Statute is to “insure that the actions of Public Bodies be taken openly and that their deliberations be conducted openly” in order to “protect the citizen’s right to know”.
I. Public Body
The Open Meetings Act applies to Public Bodies. The Board of Trustees or Village Board of the Village of Midlothian is a Public Body, as is all Committees, Commissions, and Boards of the Village of Midlothian created by Ordinance. Staff meetings of employees are not Public Bodies. Nor are meetings between the Village President (Mayor) and other individuals of a Public Body, as long as the other individuals are not the majority of a quorum of an advisory body and/or the “meeting” does not discuss public business.
What is a “meeting” under the Open Meetings Act?
A. The Act defines the meeting as:
Any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electric mail, electronic chat and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a Public Body held for the purpose of discussing public business or, for a five-member Public Body, a quorum of the members of the Public Body held for the purpose of discussing public business.
B. Majority of a quorum.
In order to determine what a majority of a quorum is, the quorum of a particular body must first be determined. In most instances a quorum consists of a majority of the Board, Committee, or Commission. For a Village, it includes a majority of the “Corporate Authorities”, which includes the Village President. Therefore, if a quorum is four, a majority of a quorum would be three. It should be noted that five-member Public Bodies have a separate definition for meeting which is a quorum of the members, rather than the majority of a quorum.
II. Discussion of Public Business
The Open Meetings Act applies only to “meetings” of members of a Public Body for the purpose of discussing public business. Members of a Public Body who “meet” and do not discuss public business do not meet the definition of “meetings” under the Open Meetings Act and such “meetings” are not governed by the Open Meetings Act. The Open Meetings Act also does not prohibit members of a Public Body from attending an informational event, attending presentations or seminars together as a group (even if those informational meetings pertain to the public business of the Public Body – as long as the members of the Public Body do not engage in discussion or deliberation amongst themselves of that public business). The Open Meetings Act also does not cover meetings of members of a Public Body regarding political campaigning or a political party – as long as public business is not discussed at such meeting.
III. Notice Requirements
When a meeting involving a majority of a quorum of a Public Body meets and intends to or does discuss public business, such meeting is governed by the Open Meetings Act. In order to comply to the Open Meetings Act, such meeting requires notice to the public.
A. A notice of the meeting for regular meetings are published in a newspaper of general circulation within the Village.
B. Special Meetings require the posting of notice at least 48 hours prior to the meeting and the notice must include the Agenda for the Special Meeting.
C. Rescheduled or reconvened meetings. A notice, as well as the Agenda for the rescheduled or reconvened meeting must be given 48 hours prior to the meeting, unless an announcement of a time and place of a reconvened meeting is made at the original meeting and there is no change in the agenda.
D. Emergency meetings. If there is a bona fide emergency, the Public Body must give notice of the Emergency Meeting as soon as practical but prior to the holding of the meeting.
E. Agenda for regular Meeting. Agendas for regular meetings must be posted at least 48 hours prior to the regular Meeting.
IV.
Minutes of all Meetings, including Regular Meetings, Special Meetings, Committee of the Whole Meetings, reconvened or rescheduled Meetings, and emergency Meetings must be maintained by the Public Body. The Minutes must include the following:
1. The day, time and place of the meeting.
2. The members of the Public Body recorded as either present or absent.
3. For those members who are present, a record of whether the members were physically present or present by means of video or audio conferencing.
4. A summary of the discussion on all matters proposed, deliberated or decided and a record of all votes taken.
B. A Public Body must approve the Minutes of an Open Meeting within the later of:
1. 30 days after that meeting or
2. At the Public Body second subsequent regular meeting.
V. Closed meetings or executive sessions
The Illinois Open Meetings Act provides various exceptions for Open Meetings before the public. The Open Meetings Act provides that in order to go into Executive Session (closed meeting) the following must occur:
1. A majority vote of a quorum of the Public Body which is present to go into Executive Session must be made.
2. The vote must be taken at a meeting open to the public and for which notice has been given.
3. The vote of each member on the question of whether an Executive Session shall be held must be publicly disclosed at the time of the vote and the members’ vote must be recorded in the Minutes of the open meeting.
4. The reason or exception under the Open Meetings Act for going into Closed Session must be publicly stated.
VI. A Public Body must keep Minutes of its Closed Meetings. Once a review of the Minutes of a Closed Session, a determination of whether the items discussed shall remain closed due to the need that confidentiality still exists with respect to all or part of those Minutes.
I. Public Body
The Open Meetings Act applies to Public Bodies. The Board of Trustees or Village Board of the Village of Midlothian is a Public Body, as is all Committees, Commissions, and Boards of the Village of Midlothian created by Ordinance. Staff meetings of employees are not Public Bodies. Nor are meetings between the Village President (Mayor) and other individuals of a Public Body, as long as the other individuals are not the majority of a quorum of an advisory body and/or the “meeting” does not discuss public business.
What is a “meeting” under the Open Meetings Act?
A. The Act defines the meeting as:
Any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electric mail, electronic chat and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the members of a Public Body held for the purpose of discussing public business or, for a five-member Public Body, a quorum of the members of the Public Body held for the purpose of discussing public business.
B. Majority of a quorum.
In order to determine what a majority of a quorum is, the quorum of a particular body must first be determined. In most instances a quorum consists of a majority of the Board, Committee, or Commission. For a Village, it includes a majority of the “Corporate Authorities”, which includes the Village President. Therefore, if a quorum is four, a majority of a quorum would be three. It should be noted that five-member Public Bodies have a separate definition for meeting which is a quorum of the members, rather than the majority of a quorum.
II. Discussion of Public Business
The Open Meetings Act applies only to “meetings” of members of a Public Body for the purpose of discussing public business. Members of a Public Body who “meet” and do not discuss public business do not meet the definition of “meetings” under the Open Meetings Act and such “meetings” are not governed by the Open Meetings Act. The Open Meetings Act also does not prohibit members of a Public Body from attending an informational event, attending presentations or seminars together as a group (even if those informational meetings pertain to the public business of the Public Body – as long as the members of the Public Body do not engage in discussion or deliberation amongst themselves of that public business). The Open Meetings Act also does not cover meetings of members of a Public Body regarding political campaigning or a political party – as long as public business is not discussed at such meeting.
III. Notice Requirements
When a meeting involving a majority of a quorum of a Public Body meets and intends to or does discuss public business, such meeting is governed by the Open Meetings Act. In order to comply to the Open Meetings Act, such meeting requires notice to the public.
A. A notice of the meeting for regular meetings are published in a newspaper of general circulation within the Village.
B. Special Meetings require the posting of notice at least 48 hours prior to the meeting and the notice must include the Agenda for the Special Meeting.
C. Rescheduled or reconvened meetings. A notice, as well as the Agenda for the rescheduled or reconvened meeting must be given 48 hours prior to the meeting, unless an announcement of a time and place of a reconvened meeting is made at the original meeting and there is no change in the agenda.
D. Emergency meetings. If there is a bona fide emergency, the Public Body must give notice of the Emergency Meeting as soon as practical but prior to the holding of the meeting.
E. Agenda for regular Meeting. Agendas for regular meetings must be posted at least 48 hours prior to the regular Meeting.
IV.
Minutes of all Meetings, including Regular Meetings, Special Meetings, Committee of the Whole Meetings, reconvened or rescheduled Meetings, and emergency Meetings must be maintained by the Public Body. The Minutes must include the following:
1. The day, time and place of the meeting.
2. The members of the Public Body recorded as either present or absent.
3. For those members who are present, a record of whether the members were physically present or present by means of video or audio conferencing.
4. A summary of the discussion on all matters proposed, deliberated or decided and a record of all votes taken.
B. A Public Body must approve the Minutes of an Open Meeting within the later of:
1. 30 days after that meeting or
2. At the Public Body second subsequent regular meeting.
V. Closed meetings or executive sessions
The Illinois Open Meetings Act provides various exceptions for Open Meetings before the public. The Open Meetings Act provides that in order to go into Executive Session (closed meeting) the following must occur:
1. A majority vote of a quorum of the Public Body which is present to go into Executive Session must be made.
2. The vote must be taken at a meeting open to the public and for which notice has been given.
3. The vote of each member on the question of whether an Executive Session shall be held must be publicly disclosed at the time of the vote and the members’ vote must be recorded in the Minutes of the open meeting.
4. The reason or exception under the Open Meetings Act for going into Closed Session must be publicly stated.
VI. A Public Body must keep Minutes of its Closed Meetings. Once a review of the Minutes of a Closed Session, a determination of whether the items discussed shall remain closed due to the need that confidentiality still exists with respect to all or part of those Minutes.