In Public Access Opinion 26‑004, the Illinois Attorney General (PAC) issued a binding opinion finding that a city council violated the Open Meetings Act (OMA) when it discussed matters involving the city’s existing city hall building during closed‑session portions of two meetings. Although the council properly entered closed session to consider the possible purchase of other parcels for a new city hall location, the PAC found that its separate discussions about the condition, renovation feasibility, potential disposition, and related financial issues concerning the current building did not fall within OMA’s narrow “real‑estate acquisition” exception.
A resident filed a complaint alleging that a city council had been privately deliberating future plans for the city hall. According to the opinion, the council relied on section 2(c)(5) of the OMA, which permits closed‑session discussions about the purchase or lease of real property for the use of the public body. This real-estate acquisition exception is limited: it allows confidentiality only when a public body is evaluating whether to buy or lease specific parcels, not when discussing the condition or future of property it already owns.
After reviewing the closed‑session recordings from the December 22, 2025, and February 9, 2026, meetings, the PAC confirmed that portions of each meeting properly involved evaluating parcels that might be acquired for a new city hall. The council also engaged in distinct conversations about the existing building, its condition, habitability, renovation costs, and whether the city should dispose of it, which are required to occur in an open session. The PAC directed the city to release the portions of the closed‑session minutes and recordings concerning the current building, while allowing redaction of discussions relating to potential property acquisitions.
While the decision deals with the real estate acquisition exception, the PAC ruling is a key reminder that board closed sessions must be carefully limited to the specific reason for entering closed session.
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Source: PAC Op. 26-004
