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| Public Act 097-0827 | ||||
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Open Meetings Act is amended by changing | ||||
Section 2.02 as follows:
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(5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
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Sec. 2.02. Public notice of all meetings, whether open or | ||||
closed to
the public, shall be given as follows:
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(a) Every public body shall give public notice
of the | ||||
schedule of regular meetings at the beginning of each calendar | ||||
or fiscal
year and shall state the regular dates, times, and | ||||
places of such meetings.
An agenda for each regular meeting | ||||
shall be posted at the principal office of
the public body and | ||||
at the location where the meeting is to be held at least 48 | ||||
hours in
advance of the holding of the meeting. A public body | ||||
that has a website that the full-time staff of the public body | ||||
maintains shall also post on its website the agenda of any | ||||
regular meetings of the governing body of that public body. Any | ||||
agenda of a regular meeting that is posted on a public body's | ||||
website shall remain posted on the website until the regular | ||||
meeting is concluded. The requirement of a regular
meeting | ||||
agenda shall not preclude the consideration of items not | ||||
specifically
set forth in the agenda.
Public
notice of any | ||||
special meeting except a meeting held in the event of a
bona | ||
fide emergency, or of any rescheduled regular meeting, or of | ||
any
reconvened meeting, shall be given at least 48 hours before | ||
such
meeting, which notice shall also include the agenda for | ||
the special,
rescheduled,
or reconvened meeting, but the | ||
validity of any action taken by the public
body which is | ||
germane to a subject on the agenda shall not be affected by
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other errors or omissions in the agenda. The requirement
of | ||
public notice of reconvened meetings does
not apply to any case | ||
where the meeting was open to the public and (1)
it is to be | ||
reconvened within 24 hours, or (2) an announcement of
the time | ||
and place of the reconvened meeting was
made at the original | ||
meeting and there is no change in the agenda. Notice
of an | ||
emergency meeting shall be given as soon as practicable, but in | ||
any
event prior to the holding of such meeting, to any news | ||
medium which has
filed an annual request for notice under | ||
subsection (b) of this Section.
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(b) Public notice shall be given by posting a copy of the | ||
notice at the
principal office of the body holding the meeting | ||
or, if no such office exists,
at the building in which the | ||
meeting
is to be held. In addition, a public body that has a | ||
website that the full-time staff of the public body maintains | ||
shall post notice on its website of all meetings of the | ||
governing body of the public body. Any notice of an annual | ||
schedule of meetings shall remain on the website until a new | ||
public notice of the schedule of regular meetings is approved. | ||
Any notice of a regular meeting that is posted on a public | ||
body's website shall remain posted on the website until the | ||
regular meeting is concluded. The body shall supply copies of | ||
the notice of its regular
meetings, and of the notice of any | ||
special,
emergency, rescheduled or reconvened meeting, to any | ||
news medium
that has filed an annual request for such notice. | ||
Any such news
medium shall also be given the same notice of all | ||
special,
emergency, rescheduled or reconvened meetings in the | ||
same manner as
is given to members of the body provided such | ||
news medium has given the
public body an address or telephone | ||
number within the territorial jurisdiction
of the public body | ||
at which such notice may be given. The failure of a public body | ||
to post on its website notice of any meeting or the agenda of | ||
any meeting shall not invalidate any meeting or any actions | ||
taken at a meeting.
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(c) Any agenda required under this Section shall set forth | ||
the general subject matter of any resolution or ordinance that | ||
will be the subject of final action at the meeting. The public | ||
body conducting a public meeting shall ensure that at least one | ||
copy of any requested notice and agenda for the meeting is | ||
continuously available for public review during the entire | ||
48-hour period preceding the meeting. Posting of the notice and | ||
agenda on a website that is maintained by the public body | ||
satisfies the requirement for continuous posting under this | ||
subsection (c). If a notice or agenda is not continuously | ||
available for the full 48-hour period due to actions outside of | ||
the control of the public body, then that lack of availability | ||
does not invalidate any meeting or action taken at a meeting. | ||
(Source: P.A. 94-28, eff. 1-1-06.)
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