Transparency is the foundation of public trust. In Illinois, the law guarantees that government decisions—those affecting our roads, schools, taxes, and local laws—are made openly, not behind closed doors.
That law is the Illinois Open Meetings Act (OMA). Whether you’re an engaged resident, a member of the press, or a public official trying to stay compliant, understanding the OMA is vital.
This comprehensive guide breaks down the law in plain language, with a focus on real-life application—especially when and where meeting notices must be posted. If your public body has full-time staff, special rules apply that you need to follow carefully to avoid legal trouble.
What Is the Illinois Open Meetings Act?
The Illinois Open Meetings Act (5 ILCS 120) is a state law requiring public bodies to conduct their business in meetings that are open and accessible to the public.
The intent? To ensure that public decisions are made in the light of day—not in secrecy.
The law applies to nearly all public agencies and governing bodies in Illinois, including:
- City councils and village boards
- County boards
- School districts
- Library, park, and fire protection districts
- Police boards
- Any committee, subcommittee, or advisory group authorized to make decisions or recommendations
What Is the Illinois Open Meetings Act?
The Illinois Open Meetings Act (5 ILCS 120) is a state law requiring public bodies to conduct their business in meetings that are open and accessible to the public.
The intent? To ensure that public decisions are made in the light of day—not in secrecy.
The law applies to nearly all public agencies and governing bodies in Illinois, including:
- City councils and village boards
- County boards
- School districts
- Library, park, and fire protection districts
- Police boards
- Any committee, subcommittee, or advisory group authorized to make decisions or recommendations
The Core Principle: The Public Has a Right to Know
The OMA gives you the right to be notified, attend, and observe government meetings. It guarantees access to public debate and official decision-making.
The law exists to:
- ✅ Prevent secret decision-making
- ✅ Promote accountability
- ✅ Increase public participation
- ✅ Deter corruption and abuse of power
If you pay taxes, the OMA protects your right to see how your money is used.
Types of Meetings Covered
The OMA applies to any meeting of a quorum of a public body where public business is discussed or acted upon.
This includes:
- Regular meetings
- Special meetings
- Emergency meetings
- Closed (executive) sessions
- Committee and subcommittee meetings
🛑 Important: Even informal gatherings—like email chains or text messages among a quorum—can potentially violate the OMA if used to discuss public business.
Key Requirements of the Illinois Open Meetings Act
1. Advance Notice
This is one of the most critical components—and one that can result in violations if ignored.
Every public meeting requires advance notice that includes:
- Date
- Time
- Location
- Agenda (or subject matter of the meeting)
🕒 Timing of Notices
Notices must be posted at least 48 hours in advance of a meeting (excluding weekends and holidays), and the notice must include the agenda if one is prepared.
📌 Where Must Notices Be Posted?
Here’s where the distinction between part-time and full-time staff comes into play.
For Public Bodies with Full-Time Staff (like city halls, school districts, etc.):
The notice must be posted:
- At the principal office of the public body
- This must be a physical location where the public can view the notice during normal business hours.
- On the public body’s official website
- If the body has a website maintained by full-time staff, notices and agendas must be conspicuously posted online at least 48 hours in advance.
- At the meeting location (if different from the office)
- Especially important for special meetings held off-site.
For Public Bodies Without Full-Time Staff:
- Notices must still be posted at the office or usual meeting place.
- No website requirement.
📎 Example: If a school board meeting is set for Tuesday at 7 p.m., and the district office has full-time staff, the agenda and notice must be posted no later than Sunday at 7 p.m. on the website and at the office.
What the Agenda Must Include
Agendas must set forth the general subject matter of items to be discussed.
- You don’t have to include every detail, but topics should be clearly stated.
- Public bodies cannot act on items not listed on the agenda, except in limited emergencies.
For example:
Bad agenda item: “Other business”
Good agenda item: “Discussion and vote on contract with ABC Construction”
How Should Meeting Notices Look?
✅ Sample OMA-Compliant Meeting Notice
NOTICE OF REGULAR MEETING
Village Board
Tuesday, April 9, 2025 – 7:00 PM
Village Hall, 1 E. Hanover St., New Baden, IL 62265
Agenda:
1. Call to Order
2. Pledge of Allegiance
3. Public Comment
4. Approval of Minutes
5. Discussion and Vote: Purchase of Public Works Vehicle
6. Executive Session: Personnel Matters
7. Adjournment
Posted: April 7, 2025 – 2:00 PM
Website: www.newbadenil.com
Remote & Emergency Meetings
Virtual Meetings
Illinois law permits remote meetings during:
- Declared disasters (COVID-19-style events)
- Emergencies that prevent in-person meetings
Requirements:
- The public must still be able to observe and comment
- Details for accessing the meeting (e.g., Zoom links) must be posted in the notice
Emergency Meetings
- Require as much notice as practical
- Must explain the nature of the emergency in the meeting record
- These are rare and only permitted for urgent matters
What About Closed Sessions?
The OMA allows executive (closed) sessions, but only under specific exceptions, such as:
- Personnel evaluations
- Collective bargaining
- Pending or imminent litigation
- Security procedures
- Land acquisition
Rules for closed sessions:
- Must be voted on during an open meeting
- Must cite the legal exception
- A verbatim recording (audio or video) must be kept
- Closed session minutes must be reviewed every six months to determine if they should remain confidential
Meeting Minutes: Recordkeeping Is Mandatory
Every meeting must have minutes that include:
- The date, time, and place of the meeting
- Members present and absent
- A summary of discussion and all votes taken
Timing
- Draft minutes must be approved within 30 days or at the second subsequent meeting, whichever is later
Availability
- Minutes must be made available to the public upon request
- Minutes from open sessions are public records
- Closed session minutes may remain confidential, but must be periodically reviewed
Penalties for Violating the OMA
OMA violations are not just bureaucratic mistakes—they carry real consequences:
⚖️ Civil Penalties
- $1,000 fine for first offense
- Up to $2,500 for each additional violation
❌ Invalidation of Decisions
- Any action taken in violation of the OMA can be declared null and void
🧑⚖️ Criminal Charges
- Knowingly violating the OMA is a Class C misdemeanor
- Applies to public officials who repeatedly or willfully avoid the law
How to File a Complaint
Anyone can report a suspected violation.
- Request a Review from the Public Access Counselor (PAC)
- File within 60 days of the alleged violation
- Online form: https://foia.ilattorneygeneral.net/
- Contact the State’s Attorney
- Local prosecutors can take action if laws are broken
- Civil Lawsuit
- Citizens may sue to enforce compliance
Required Training for Officials
If you serve on a public body in Illinois, you must complete Open Meetings Act training.
- Provided free through the Illinois Attorney General’s Office
- Must be completed within 90 days of taking office
- Certificate of completion must be kept on file
🔗 Take the OMA Training Online
Common Myths and Clarifications
| ❌ Myth | ✅ Reality |
|---|---|
| “We didn’t post the agenda, but we discussed it anyway.” | Illegal. Action cannot be taken on items not on the posted agenda. |
| “Only regular meetings require notice.” | All meetings—regular, special, and emergency—require notice. |
| “We posted the agenda inside the office, but not online.” | If your body has full-time staff, online posting is mandatory. |
| “Less than a quorum met, so it wasn’t a meeting.” | If there’s intent to avoid the law or serial meetings occur, it’s still a violation. |
Real-Life Example: OMA Violation in Action
In 2022, a suburban Illinois school board was investigated after holding a special meeting with no posted agenda online, despite having full-time staff. A controversial vote passed, sparking public outrage. The Attorney General’s PAC ruled that the board violated the OMA, and the vote was later reversed.
Lesson: Proper notice—especially online—is not optional. It protects the public and public officials alike.
Conclusion: The OMA Protects Democracy—Use It
The Illinois Open Meetings Act isn’t just a technical requirement—it’s a democratic safeguard.
✅ It ensures you know when and where your government meets
✅ It guarantees your right to observe and participate
✅ It creates an open, transparent, and trustworthy system of governance
Call to Action
Citizens:
- Bookmark your city, school district, and county websites
- Sign up for meeting alerts if available
- Attend or watch meetings online
- Speak up when you suspect a violation
Officials:
- Post notices and agendas correctly
- Complete your mandatory OMA training
- Keep your meetings accessible and transparent
- Review your procedures regularly with legal counsel
💡 Remember: Democracy doesn’t work in the dark. Let’s keep it open, accessible, and accountable.