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5 ILCS 120/2(c)(4)

OMA

Evidence to a quasi-adjudicative body

Evidence to a quasi-adjudicative body

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Jump to the 6 issues decided under this provision, with a drafting brief ↓

1 upheld (no violation found) · 3 rejected (violation found), out of 4 documents.

Not legal advice, and not a per-exemption ruling — this reflects each document's overall disposition. See the FAQ disclaimer.

How the Public Access Counselor has treated 5 ILCS 120/2(c)(4)

Section 2(c)(4) permits a public body acting in a quasi-adjudicative capacity to meet in closed session to consider evidence or testimony presented to it. The question in these matters is whether the closed discussion involved such material submitted for adjudicative consideration, rather than general policy, advice, or reports.

In these decisions, the PAC found violations where the City of Chicago Board of Ethics discussed an advisory opinion, a query report, and policy issues in closed session under sections 2(c)(1) and 2(c)(4). It concluded those topics did not fall within personnel matters or evidence or testimony. By contrast, it found no violation where the Evanston Board of Ethics used section 2(c)(4) to discuss its jurisdiction over ethics complaints, treating the complaints and a complainant's argument as evidence or testimony.

At a glance: 4 documents from 2020 to 2026(0 binding opinions, 4 determination letters). Most often cited alongside: 5 ILCS 120/2(c)(1) (Employee/contractor appointment, discipline, or performance) (3); 5 ILCS 120/2(c)(15) (Professional ethics/performance review by a licensing advisory body) (1); 5 ILCS 120/2(c)(21) (Reviewing minutes of a lawfully closed meeting) (1).

Recurring issues

Practical points

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.

All 4 documents citing 5 ILCS 120/2(c)(4)

Issues decided under 5 ILCS 120/2(c)(4)

Individual questions the Public Access Bureau decided under this provision, with the rule it applied, grouped by outcome. Extracted automatically from the letters; check each source letter.

6 issues across 4 determination letters:3 violation found · 3 no violation.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

Authorities the Bureau cites most on this issue

How to challenge a denial on this issue

AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.

When a challenge is strong

When the public body usually wins

Points to put in your letter

Common mistakes

Facts to gather first

  • Whether a quasi-adjudicative hearing took place and evidence or testimony was presented at it.
  • The agenda or minutes of the closed session to identify the actual topic and whether it involved evidence deliberation or general policy/advisory opinions.
  • Existence and availability of a written decision with determinative reasoning from the body.
  • Any record of the specific legal authority the body relied on if it claims the hearing was closed.

These determination letters are non-binding and outcomes turn on specific facts; always verify the full text of the PDF decisions before relying on them.

Drafting brief for an AI assistant

Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: oma-2-c-4.json.

Violation found (3)

No violation (3)

  • Closed session under 2(c)(4) for evidence or testimony

    Rule: A quasi-adjudicative body may consider evidence or testimony in closed session if it later makes available a written decision with determinative reasoning.

    No violation Closed-session discussion of ethics complaint jurisdiction · July 23, 2020

  • Consideration of advisory reports not presented in open hearing

    Rule: Section 2(c)(4) allows closed session consideration of evidence or testimony presented in closed hearing where specifically authorized by law.

    No violation Closed-session discussion of ethics complaint jurisdiction · July 23, 2020

  • Written decision requirement for closed session under 2(c)(4)

    Rule: The Board issued written decisions for two complaints and will issue one for the third, satisfying the determinative reasoning requirement.

    No violation Closed-session discussion of ethics complaint jurisdiction · July 23, 2020