Any public body subject to the Illinois Open Meetings Act (including village boards, library districts, airport boards, and their subcommittees) may make use of a closed session as part of their meetings. At the same time, there can be confusion and angst about when and how a public body may enter closed session.
Common Reasons Why Closed Sessions Are Allowed
To enter closed session, a public body must identify one of nearly 40 exceptions under Illinois’ Open Meetings Act, 5 ILCS 120/2. Although many of these exceptions are unique to particular public bodies or types of public bodies, some of the most useful exceptions include:
- Employee compensation, discipline, and dismissal (5 ILCS 120/2(c)(1))
- Litigation, including pending, probable, or imminent litigation (5 ILCS 120/2(c)(11))
- Security procedures (5 ILCS 120/2(c)(6))
Requirements for Holding a Closed Session
Entering a Closed Session
The meeting must begin in open session. A public body may not begin with or hold a meeting exclusively in closed session.
A valid exception is required. A closed session must be based on an exception under the Open Meetings Act.
A roll-call vote must be taken in open session. A public body may enter a closed session only upon a majority vote of a quorum present at an open meeting. 5 ILCS 120/2a. The vote of each member must be publicly disclosed at the time of the vote, recorded, and entered into the minutes.
Limitations on Closed Sessions
Final action can’t be taken in a closed session. A public body may deliberate, discuss evidence, and poll its members in closed session. But when it’s time to take a formal vote that constitutes final action, the public body must return to open session and vote publicly.
Ending a Closed Session
No vote is required to return to open session. Although a vote isn’t needed to exit closed session, it’s good practice to note in the minutes the time the closed session ended.
Keeping a Record
Keep separate minutes. Closed session minutes must be kept separately from open session minutes.
Keep an audio or video recording of the session. A verbatim recording by audio or video recording must be made of the closed session. For practical reasons, it may be easier to use separate recorders, one for the open session and one for the closed session.
Preserve the recording. Audio and video recordings of a closed session must be retained for at least 18 months after the meeting.
Periodically review the minutes. A public body should review closed session minutes semi-annually and report in an open meeting whether all or part of those minutes should remain confidential or be made available for public inspection. The discussion of whether all or part of the minutes should remain confidential may be done in closed session under 5 ILCS 120/2(c)(21).