Public Act 103-0311, which is effective July 28, 2023, made two keys amendments to the Open Meetings Act. First, it added a provision to the list of exceptions for a public body entering closed session (5 ILCS 120/2(c)(4.5)) that allows for the presentation of evidence or testimony to a school board regarding the denial of admission to school events or property pursuant to Section 24-24 of the Illinois School Code. Section 24-24 of the School Code provides that a school board may enact and enforce reasonable rules of conduct for all athletic and extracurricular school events, and it further allows the board to deny entry to any person who violates those rules for up to one year. To utilize this exception, the school board must then prepare and make available for public inspection a written decision setting forth its determinative reasoning.
Second, Public Act 103-0311 added “unexpected childcare obligations” as a basis for board members to attend a meeting by video or audio conference. Prior to this amendment, if a quorum of members of a public body were physically present, a majority of a board could allow a member to attend the meeting by video or audio conference, but only if the member was prevented by physically attending due to only the following reasons: (1) personal illness or disability, (2) employment purposes or business of the public body, or (3) a family or other emergency.
While this amendment added a new basis for closed session discussions and a new reason for members to participate in board meetings remote, the impact of this amendment will be limited because the changes are narrow and specific.
Contact an attorney in our Corporate Practice Group with your questions regarding the Open Meeting Act.
