Ill. Admin. Code tit. 80 § 1600.120

Current through Register Vol. 48, No. 52, December 27, 2024

Section 1600.120 - Open Meetings Act

a) Introduction

1) The Illinois Open Meetings Act [5 ILCS 120 ] sets forth the public policy of the State of Illinois that public bodies exist to aid in the conduct of the people's business and that the people have a right to be informed as to the conduct of their business. It is also the public policy of the State that its citizens be given advance notice of and the right to attend all meetings at which any business of a public body is discussed or acted upon in any way.

2) It is the intent of the Open Meetings Act:

A) to ensure that the actions of public bodies be taken openly and that their deliberations be conducted openly;

B) to protect the citizen's right to know; and

C) that provisions for exceptions to the open meeting requirements be strictly construed against closed meetings. [5 ILCS 120/1]

3) By means of this Section, SURS has established procedures to conduct its business in accordance with the Open Meetings Act.

b) Definition

"Meeting" - Any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat, and instant messaging), or other means of contemporaneous interactive communication, of a majority of a quorum of the Board held for the purpose of discussing SURS business. [5 ILCS 120/1.02] A quorum for a Board of Trustees meeting shall be six members of the Board. A quorum for a Board committee is the least number more than one-half of the members of the committee. A quorum of the Board or of a Board committee must be physically present at the location of an open meeting of the Board or the committee, respectively. If, however, an open meeting of the Board or a Board committee is held simultaneously at one of its offices and one or more other locations in a public building, which may include other of its offices, through an interactive video conference and public notice is provided as required under the Open Meetings Act for all locations, then members physically present in those locations all count towards determining a quorum. "Public building", as used in this Section, means any building or portion of a building owned or leased by any public body. The requirement that a quorum be physically present at the location of an open meeting shall not apply, however, to Board committees that do not have authority to make binding recommendations or determinations or to take any other substantive action.

c) Attendance by a Means Other Than Physical Presence

1) If a quorum of the members of the Board or a Board committee is physically present as required by subsection (b), a majority of those physically present, or at least 3 physically present members of a committee consisting of 5 members, may allow a member of that body to attend the meeting by other means (video or audio conference) if the member is prevented from physically attending because of:

A) personal illness or disability;

B) employment purposes or the business of the public body; or

C) a family or other emergency.

2) If a member wishes to attend a meeting by other means, the member must notify the recording secretary of the Board or the Board committee before the meeting unless advance notice is impractical.

3) A majority of the Board or a committee may allow a member to attend a meeting by other means only in accordance with and to the extent allowed by this subsection (c).

4) Except as provided in this subsection (c)(4), the limitations of this subsection (c) shall not apply to closed meetings of the Board or the Executive Committee or to open or closed meetings of any other subsidiary body, including without limitation any committee other than the Executive Committee, that does not have authority to make binding recommendations or determinations or to take any other substantive action. If the limitations of this subsection (c) do not apply, any or all members of the Board or a subsidiary body may attend a meeting by audio or video conference. An open meeting attended by audio or video conference will be broadcast at the properly noticed location of the meeting. Neither advance notice nor permission for such means of attendance is required. No minimum number of members need be physically present at the noticed location of the meeting.

d) Time and Place of Open Meetings

1) All open meetings shall be held at specified times and places which are convenient and open to the public.

2) No open meeting shall be held on a legal holiday unless the regular meeting day falls on that holiday. [5 ILCS 120/2.01]

e) Public Notice; Agenda; Schedule

1) Posting. Public notice shall be given by posting a copy of the notice at the principal office of SURS [5 ILCS 120/2.02(a)] . Copies of the posted notice shall also be given to any news medium that has filed with the Executive Director an annual request for notice of meetings [5 ILCS 120/2.02(b)] .

2) News Medium Request. Any news medium may file with the Executive Director of SURS an annual request for public notice of all meetings of the Board of Trustees of SURS. The Executive Director shall maintain an updated list of all news media that have filed annual requests and shall be responsible for seeing that the news media receive the notices mandated by the Open Meetings Act and this Section.

3) Regular Meetings. Public notice shall be given of the schedule of regular meetings at the beginning of each fiscal year, stating the regular dates, times, and places of each meeting.

A) Agenda of Regular Meetings. An agenda for each regular meeting shall be posted in accordance with subsection (e)(1) at least 48 hours in advance of the holding of the meeting. However, this requirement shall not preclude the consideration of items not specifically set forth in the agenda. [5 ILCS 120/2.02(a)]

B) Schedule of Regular Meetings. At the beginning of each fiscal year, the Executive Director of SURS shall prepare and make available a schedule of all its regular meetings for that fiscal year, listing the times and places of meetings.

C) Change in Regular Meeting Date. If a change is made in a regular meeting date, at least 10 days' notice of the change shall be given by publication in the official State newspaper. Notice of the change shall also be posted at the principal office of SURS. Notice of the change shall also be given to any news medium that has filed with the Executive Director an annual request for notice of meetings. [5 ILCS 120/2.03]

4) Special Meetings. Public notice of any special meeting shall be given at least 48 hours before the meeting.

A) Agenda of Special Meetings. An agenda of a special meeting shall also be included with the public notice of the meeting. However, the validity of any action taken by the Board that is germane to a subject on the agenda shall not be affected by other errors or omissions in the agenda. [5 ILCS 120/2.02(a)]

B) News Medium Notice. Any news medium that has filed an annual request for notice shall be given the same notice of any special meeting in the same manner as is given to members of the Board, provided that the news medium has given the Executive Director an address or telephone number within Illinois at which notice may be given. [5 ILCS 120/2.02(b)]

5) Rescheduled or Reconvened Meetings. Public notice of any rescheduled or reconvened meeting shall be given at least 48 hours before the meeting.

A) Exception to Notice Requirement. No public notice is required to be given of any reconvened meeting when the meeting was open to the public and either:

i) the meeting is to be reconvened within 24 hours; or

ii) an announcement of the time and place of the reconvened meeting is made at the original meeting and there is no change in the agenda. [5 ILCS 120/2.02(a)]

B) Agenda of Rescheduled or Reconvened Meeting. An agenda of a rescheduled or reconvened meeting shall also be included with the public notice of the meeting. However, the validity of any action taken by the Board that is germane to a subject on the agenda shall not be affected by other errors or omissions in the agenda. [5 ILCS 120/2.02(a)]

C) News Medium Notice. Any news medium that has filed an annual request for notice shall be given the same notice of any rescheduled or reconvened meeting in the same manner as is given to members of the Board, provided that the news medium has given the Executive Director an address or telephone number within Illinois at which notice may be given. [5 ILCS 120/2.02(b)]

6) Emergency Meeting. Notice of an emergency meeting shall be given as soon as is practicable. In any event, prior to an emergency meeting being held, notice shall be given to any news medium that has filed an annual request for notice. [5 ILCS 120/2.02(a)] Any news medium that has filed an annual request for notice shall be given the same notice of any emergency meeting in the same manner as is given to members of the Board, provided that the news medium has given the Executive Director an address or telephone number within Illinois at which notice may be given. [5 ILCS 120/2.02(b)]

f) Recording Meeting

1) Any person may record by tape, film or other means the proceedings at any open meeting, subject to the provisions of this subsection (f).

2) If any witness at any meeting required to be open under the Open Meetings Act refuses to testify on the grounds that he or she may not be compelled to testify if any portion of his or her testimony is to be broadcast or televised or if motion pictures are to be taken, then the authority holding the meeting shall prohibit any recording during the testimony of the witness. Nothing in this subsection (f) shall be construed to extend the right to refuse to testify at any meeting not subject to the provisions of Section 8-701 of the Code of Civil Procedure. [5 ILCS 120/2.05]

3) "Recording Device" shall mean any device that records and stores, transcribes, transmits or broadcasts still images, moving images and/or sounds, regardless of format or medium, including, but not limited to, still cameras, video cameras, camcorders, computing devices (regardless of size), mobile phones, personal data assistants, voice recorders or any other similar device and any accessories or equipment used in conjunction with the device that are used to record an open meeting.

4) A recording device shall be operated in a manner that does not disrupt or interfere with the deliberative process and the public's ability to observe or listen to the proceedings. The Board, Board committee, or SURS staff may limit the number of recording devices being operated in the meeting room if the number of devices being operated in the aggregate causes or may cause disruption or interference.

5) All mounted recording devices must be set up prior to the commencement of the meeting and may not be moved or removed until the proceeding has concluded, unless otherwise permitted by the Board, Board committee, or SURS staff. If a recording device requires additional equipment that needs placement in the meeting room, such as power cords, standing lights and microphones, those items may only be placed and operated in designated areas assigned by the Board, Board committee or SURS staff, provided the areas are not limited to a location from which the recording device is not reasonably capable of making a recording. Arrangements shall be made with SURS staff at least 48 hours prior to the meeting to ensure the availability of space for recording devices and equipment.

6) Recording devices are not permitted to be placed or operated in any emergency exit pathways or aisles, including entrances and exits.

7) No recording device operated by a member of the public may be used to record a closed meeting.

g) Closed Meetings

1) Subject. The Board or a Board committee may hold closed meetings to consider any subject permitted under Section 2(c) of the Open Meetings Act, including the following subjects:

A) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of SURS, including hearing testimony on a complaint lodged against an employee to determine its validity [5 ILCS 120/2(c)(1)] ;

B) Collective negotiating matters between SURS and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees [5 ILCS 120/2(c)(2)] ;

C) Evidence or testimony presented in open hearing, or in closed hearing when specifically authorized by law, to a quasi-adjudicative body, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning [5 ILCS 120/2(c)(4)] ;

D) The purchase or lease of real property for the use of SURS [5 ILCS 120/2(c)(5)] ;

E) The setting of a price for sale or lease of real property owned by SURS [5 ILCS 120/2(c)(6)] ;

F) The sale or purchase of securities, investments, or investment contracts [5 ILCS 120/2(c)(7)] ;

G) Emergency security procedures and the use of personnel and equipment to respond to actual danger to the safety of employees, staff, or public property, provided that a description of the actual danger shall be made a part of the motion to close the meeting [5 ILCS 120/2(c)(8)] ;

H) Litigation, when an action against, affecting or on behalf of SURS has been filed and is pending before a court or administrative tribunal, or when the Board or a Board committee finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting [5 ILCS 120/2(c)(11)] ;

I) Self evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which SURS is a member [5 ILCS 120/2(c)(16)] ;

J) The classification and discussion of matters classified as confidential or continued confidential by the State Employees Suggestion Award Board (see 20 ILCS 405/67.28) [5 ILCS 120/2(c)(20)] ; and

K) Discussion of minutes of closed meetings, whether for purposes of approval by the Board or Board committee of the minutes, or for purposes of semiannual review of the minutes [5 ILCS 120/2(c)(21)] .

2) Procedure

A) Vote. Upon the majority vote of a quorum present of the Board or Board committee at an open meeting, the Board may hold a meeting closed to the public or may close a portion of a meeting to the public. The motion to close a meeting, or a portion of the meeting, shall state a citation to the specific exemption set forth in Section 2 of the Open Meetings Act. The vote of each member shall be taken by roll call vote, shall be publicly disclosed, and shall be recorded and entered into the minutes of the meeting.

B) Subject. Only topics specified in the vote to close may be considered during the closed meeting.

C) Series of Meetings. A single vote may be taken with respect to a series of meetings, a portion or portions of which are proposed to be closed to the public, provided each meeting in the series involves the same particular matters and is scheduled to be held within no more than 3 months after the vote. [5 ILCS 120/2a ]

h) Minutes of Meetings

1) Open Meetings

A) Content. The Board or Board committee shall keep written minutes of all open meetings. The minutes shall include:

i) the date, time and place of the meeting;

ii) the members of the Board recorded as either present or absent, and whether the members were physically present or present by means of video or audio conference; and

iii) a summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes taken.

B) Public Inspection. The minutes of any open meeting shall be available for public inspection within 7 days after the approval of the minutes by the Board or Board committee.

2) Closed Meetings

A) Content. The Board or Board committee shall keep written minutes of all closed meetings. The minutes shall include:

i) the date, time and place of the meeting;

ii) the members of the Board recorded as either present or absent; and

iii) a summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes taken.

B) Public Inspection. The minutes of any closed meeting shall be available for public inspection only after the Board determines that it is no longer necessary to protect the public interest or the privacy of an individual by keeping the minutes confidential.

C) Semiannual Review. The Board shall semiannually review minutes of all closed meetings. At closed meetings, a determination shall be made, and reported in an open session, that either:

i) the need for confidentiality still exists as to all or a part of those minutes; or

ii) the minutes or portions of the minutes no longer require confidential treatment and are available for public inspection. [5 ILCS 120/2.06]

i) Address by Members of the Public

1) Notice. A person who wishes to address the Board or a Board committee shall provide written notice of the intent to make an address at least 48 hours prior to the scheduled commencement of the meeting of the Board or Board committee. The notice shall describe the identity of the speaker and the general subject matter of the address, and shall specify the Board committee or Board meeting at which the address will be made. A copy of any written materials that the person wishes to distribute to the Board or Board committee members during the address must be attached to the notice.

2) Time Allotment. The person may address the Board or Board committee concerning any matter that does not concern a resolution of final action on the agenda for no longer than 5 minutes at the end of the meeting of the Board or Board committee specified in the notice, unless otherwise permitted by the Board or Board committee. If the person wishes to address the Board or Board committee concerning a resolution of final action on the agenda, then the person may address the Board or Board committee for no longer than 5 minutes after the scheduled presentations on the resolution have concluded.

Ill. Admin. Code tit. 80, § 1600.120

Amended at 37 Ill. Reg. 3866, effective March 15, 2013