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Illinois School Board Journal - ARCHIVES
November-December, 2002
ASK THE STAFF:
Meeting closures must follow legal exceptions
Melinda Selbee, IASB general counsel, addresses this issue's question. You can contact Melinda at mselbee@iasb.com.
Question: Would a member of the IASB staff meet with our school board in a closed meeting to help us evaluate the need for a tax rate increase?
Answer: No. The Illinois Open Meetings Act requires all meetings of a public body to be in open session unless it specifically permits a topic to be discussed in closed session. None of these exceptions applies to evaluating the need for a tax rate increase.
In limited situations, a public body may meet with a representative of a statewide association in closed session. This exception is limited to the discussion of "self evaluation, practices and procedures or professional ethics." Thus, school boards that belong to IASB may meet with an IASB staff member to engage in self-evaluation or to discuss the board's "practices and procedures or professional ethics."
There are 23 exceptions to the open meeting requirement; each must be construed very narrowly and in favor of openness. The first section of the Open Meetings Act describes the public policy supporting the open meeting requirement. It states:
"It is the public policy of this State 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. ...
"The General Assembly further declares it to be the public policy of this State that its citizens shall 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. Exceptions to the public's right to attend exist only in those limited circumstances where the General Assembly has specifically determined that the public interest would be clearly endangered or the personal privacy or guaranteed rights of individuals would be clearly in danger of unwarranted invasion. To implement this policy, the General Assembly declares:
"1) It is the intent of this Act to protect the citizen's right to know; and
"2) The provisions for exceptions to the open meeting requirements shall be strictly construed against closed meetings."
The Act places other constraints on the use of closed meetings. For example, a majority vote of a quorum, taken at an open meeting, is needed to hold a closed meeting, or close a portion of a meeting. The vote of each member present and the reason for the closed meeting must be publicly disclosed at the time of the meeting and clearly stated in the motion and the meeting minutes. No final action may be taken at a closed meeting.
The public body must, at least semi-annually, meet in closed session to review the closed session minutes and report in an open meeting whether: (1) there continues to be a need for confidentiality as to all or part of the closed session minutes; or (2) the minutes, or portion thereof, no longer require confidential treatment and shall be available for public inspection.
Finally, the Act provides that any person violating any of its provisions is guilty of a Class C misdemeanor.
The exception allowing school boards to meet with IASB staff as described above does not cover substantive matters of public business, such as the possible need for a tax increase. The mere presence of IASB staff will not transform an illegal closed meeting into a legal one.
IASB recommends that a school board consult its own attorney when in doubt as to whether a particular matter may be lawfully addressed in a closed meeting.