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| Public Act 099-0402 | ||||
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AN ACT concerning State 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 3.5 as follows: | ||||
(5 ILCS 120/3.5)
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Sec. 3.5. Public Access Counselor; opinions. | ||||
(a) A person who believes that a violation of this Act by a | ||||
public body has occurred may file a request for review with the | ||||
Public Access Counselor established in the Office of the | ||||
Attorney General not later than 60 days after the alleged | ||||
violation. If facts concerning the violation are not discovered | ||||
within the 60-day period, but are discovered at a later date, | ||||
not exceeding 2 years after the alleged violation, by a person | ||||
utilizing reasonable diligence, the request for review may be | ||||
made within 60 days of the discovery of the alleged violation. | ||||
The request for review must be in writing, must be signed by | ||||
the requester, and must include a summary of the facts | ||||
supporting the allegation. The changes made by this amendatory | ||||
Act of the 99th General Assembly apply to violations alleged to | ||||
have occurred at meetings held on or after the effective date | ||||
of this amendatory Act of the 99th General Assembly. | ||||
(b) Upon receipt of a request for review, the Public Access | ||||
Counselor shall determine whether further action is warranted. | ||
If the Public Access Counselor determines from the request for | ||
review that the alleged violation is unfounded, he or she shall | ||
so advise the requester and the public body and no further | ||
action shall be undertaken. In all other cases, the Public | ||
Access Counselor shall forward a copy of the request for review | ||
to the public body within 7 working days. The Public Access | ||
Counselor shall specify the records or other documents that the | ||
public body shall furnish to facilitate the review. Within 7 | ||
working days after receipt of the request for review, the | ||
public body shall provide copies of the records requested and | ||
shall otherwise fully cooperate with the Public Access | ||
Counselor. If a public body fails to furnish specified records | ||
pursuant to this Section, or if otherwise necessary, the | ||
Attorney General may issue a subpoena to any person or public | ||
body having knowledge of or records pertaining to an alleged | ||
violation of this Act. For purposes of conducting a thorough | ||
review, the Public Access Counselor has the same right to | ||
examine a verbatim recording of a meeting closed to the public | ||
or the minutes of a closed meeting as does a court in a civil | ||
action brought to enforce this Act. | ||
(c) Within 7 working days after it receives a copy of a | ||
request for review and request for production of records from | ||
the Public Access Counselor, the public body may, but is not | ||
required to, answer the allegations of the request for review. | ||
The answer may take the form of a letter, brief, or memorandum. | ||
Upon request, the public body may also furnish the Public | ||
Access Counselor with a redacted copy of the answer excluding | ||
specific references to any matters at issue. The Public Access | ||
Counselor shall forward a copy of the answer or redacted | ||
answer, if furnished, to the person submitting the request for | ||
review. The requester may, but is not required to, respond in | ||
writing to the answer within 7 working days and shall provide a | ||
copy of the response to the public body. | ||
(d) In addition to the request for review, and the answer | ||
and the response thereto, if any, a requester or a public body | ||
may furnish affidavits and records concerning any matter | ||
germane to the review. | ||
(e) Unless the Public Access Counselor extends the time by | ||
no more than 21 business days by sending written notice to the | ||
requester and public body that includes a statement of the | ||
reasons for the extension in the notice, or decides to address | ||
the matter without the issuance of a binding opinion, the | ||
Attorney General shall examine the issues and the records, | ||
shall make findings of fact and conclusions of law, and shall | ||
issue to the requester and the public body an opinion within 60 | ||
days after initiating review. The opinion shall be binding upon | ||
both the requester and the public body, subject to | ||
administrative review under Section 7.5 of this Act. | ||
In responding to any written request under this Section | ||
3.5, the Attorney General may exercise his or her discretion | ||
and choose to resolve a request for review by mediation or by a | ||
means other than the issuance of a binding opinion. The | ||
decision not to issue a binding opinion shall not be | ||
reviewable. | ||
Upon receipt of a binding opinion concluding that a | ||
violation of this Act has occurred, the public body shall | ||
either take necessary action as soon as practical to comply | ||
with the directive of the opinion or shall initiate | ||
administrative review under Section 7.5. If the opinion | ||
concludes that no violation of the Act has occurred, the | ||
requester may initiate administrative review under Section | ||
7.5. | ||
(f) If the requester files suit under Section 3 with | ||
respect to the same alleged violation that is the subject of a | ||
pending request for review, the requester shall notify the | ||
Public Access Counselor, and the Public Access Counselor shall | ||
take no further action with respect to the request for review | ||
and shall so notify the public body. | ||
(g) Records that are obtained by the Public Access | ||
Counselor from a public body for purposes of addressing a | ||
request for review under this Section 3.5 may not be disclosed | ||
to the public, including the requester, by the Public Access | ||
Counselor. Those records, while in the possession of the Public | ||
Access Counselor, shall be exempt from disclosure by the Public | ||
Access Counselor under the Freedom of Information Act. | ||
(h) The Attorney General may also issue advisory opinions | ||
to public bodies regarding compliance with this Act. A review | ||
may be initiated upon receipt of a written request from the | ||
head of the public body or its attorney. The request must | ||
contain sufficient accurate facts from which a determination | ||
can be made. The Public Access Counselor may request additional | ||
information from the public body in order to facilitate the | ||
review. A public body that relies in good faith on an advisory | ||
opinion of the Attorney General in complying with the | ||
requirements of this Act is not liable for penalties under this | ||
Act, so long as the facts upon which the opinion is based have | ||
been fully and fairly disclosed to the Public Access Counselor.
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(Source: P.A. 96-542, eff. 1-1-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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