5 ILCS 120/2(e)
OMAFinal action ban in closed session
Final action ban in closed session (no final action may be taken at a closed meeting)
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Jump to the 32 issues decided under this provision, with a drafting brief ↓
0 upheld (no violation found) · 0 rejected (violation found) · 1 partial violation, out of 1 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(e)
At a glance: 1 document from 2019(0 binding opinions, 1 determination letter). Most often cited alongside: 5 ILCS 120/2(a) (Openness required) (1); 5 ILCS 120/2(c)(1) (Employee/contractor appointment, discipline, or performance) (1); 5 ILCS 120/2(c)(10) (Placement of individual students in special education) (1).
All 1 document citing 5 ILCS 120/2(e)
Issues decided under 5 ILCS 120/2(e)
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.
32 issues across 31 determination letters:14 violation found · 17 no violation · 1 no determination / resolved.
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 Determination letters are not binding precedent.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
- Board of Education of Springfield School District No. 186 v. Attorney General of Illinois, 2015 IL App (4th) 140941, 44 N.E.3d 1245 (2015), aff'd, 2017 IL 120343, 77 N.E.3d 625 (2017) cited 19 times
- Howe v. Retirement Board of the Firemen's Annuity & Benefit Fund, 2013 IL App (1st) 122446, 996 N.E.2d 664 cited 9 times
- Gosnell v. Hogan, 179 Ill. App. 3d 161, 170 (1989) cited 7 times
- Lawrence v. Williams, 2013 IL App (1st) 130757, 988 N.E.2d 1039 cited 4 times
- A township board's prohibition of camping in a park (PAC Req. Rev. Ltr. 58555) cited 4 times
- Allen v. Clark County Park District Board of Commissioners, 2016 IL App (4th) 150963, ¶ 31, 67 N.E.3d 536, 541 (2016) cited 3 times
- Ill. Att'y Gen. PAC Req. Rev. Ltr. 32463 cited 3 times
- Ill. Att'y Gen. PAC Req. Rev. Ltr. 21599 cited 2 times
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 Determination letters are not binding precedent and this is not legal advice.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
- The public body reached a consensus and implemented a decision through serial one-on-one communications (calls, emails) outside an open meeting, even if later ratified. This constitutes final action in violation of OMA.Based on: 2026 · A school board's letter signed by a majority of… · 2024 · Hiring of a General Counsel and Chief Ethics Of… · 2023 · Phone polls to vote on township business
- The public body took final action in a closed session without a prior public recital and open vote (e.g., terminating an employee, changing policy, approving closed session minutes). No final action may be taken at a closed meeting.Based on: 2023 · A school board's closed-session personnel trans… · 2023 · A school board's closed-session discussion of a… · 2017 · Closed-session termination of an employee
- The public body voted on an item without first publicly reciting the nature of the matter with sufficient detail to identify the particular transaction (e.g., only referencing a closed session or using vague labels like 'non-certified staff'). Section 2(e) requires a public recital that identifies the nature of the matter and sufficient detail to identify the issue.Based on: 2021 · A city council's consent-agenda voting procedure · 2017 · Agenda descriptions and public recitals for fin… · 2017 · A board's public recital before a termination v…
When the public body usually wins
- The challenged action was a preliminary vote, straw poll, or tentative consensus that did not finally decide the matter, and a later open vote was held. OMA does not bar preliminary steps; only final action is prohibited in closed session.Based on: 2022 · Informal straw polls to set a board agenda · 2022 · A village board trustee's request to attend a c… · 2021 · A school board's emergency meeting notice and c…
- The public recital announced the nature of the matter with enough detail to identify the transaction (e.g., policy numbers, titles, or a discussion in open session), even if it did not explain terms or significance. The recital need not explain terms or significance, only identify the particular transaction.Based on: 2024 · Two versions of a resolution on public comment … · 2021 · School board policy revision approval process · 2020 · A school board's agenda descriptions and meetin…
- The action was not final action at all, such as a member expressing an opinion, an administrative decision under existing authority, or a procedural step like declining to place an item on the agenda. Only final action triggers the requirement; expressions of opinion or procedural steps are not final.Based on: 2019 · Board members' emails coordinating a public sta… · 2017 · A separation agreement approved by a city counc… · 2021 · A park district board's discussion of a citizen…
- The public body later ratified the action in an open meeting with a proper recital and vote, curing any prior defect. A public body may cure a violation by revisiting the matter in open session.Based on: 2017 · A board's public recital before a termination v…
Points to put in your letter
- If the decision was reached through a series of private calls or emails, argue that this serial communication implemented a final decision outside an open meeting, even if later ratified.Based on: 2026 · A school board's letter signed by a majority of… · 2023 · Phone polls to vote on township business · 2019 · Email votes on public business
- If the public body voted without first describing each item in enough detail for the public to know what was being decided, point out that the recital was too vague (e.g., only 'non-certified staff' or referencing a closed session).Based on: 2025 · Closed-session discussion of pay raises and con… · 2017 · A board's public recital before a termination v… · 2021 · A city council's consent-agenda voting procedure
- If the body took action in closed session and never held an open vote after a public recital, argue that final action in closed session is prohibited.Based on: 2023 · A school board's closed-session personnel trans… · 2017 · Closed-session termination of an employee · 2023 · A school board's closed-session discussion of a…
- If the body claims a later open vote fixed the problem, note that a ratification does not excuse the initial violation if the decision was already implemented, and curing requires a proper new vote with full transparency.Based on: 2023 · Phone polls to vote on township business · 2023 · A school board's closed-session personnel trans… · 2017 · A board's public recital before a termination v…
Common mistakes
- Assuming that any discussion or consensus among members outside a meeting is final action, when it may be a preliminary step later voted on in open session.Based on: 2018 · A university board's selection of a president · 2019 · Closed-session discussion of an executive direc… · 2021 · A school board's emergency meeting notice and c…
- Believing that a public recital must explain the terms or significance of the action, rather than just identify the transaction.Based on: 2024 · Two versions of a resolution on public comment … · 2019 · A city council's public recital on a legal sett… · 2017 · A library board's public recital before voting …
- Thinking that a procedural step like setting an agenda or a straw poll is final action.Based on: 2022 · Informal straw polls to set a board agenda · 2021 · A park district board's discussion of a citizen…
- Failing to check whether the public body later ratified the action in a proper open meeting, which may cure the violation.Based on: 2017 · A board's public recital before a termination v…
Facts to gather first
- Dates and descriptions of any private communications (emails, calls, texts) where a decision was reached or implemented.
- The exact wording of the public recital before the vote (meeting minutes, recording) to show lack of detail.
- Evidence that the decision was implemented before any open vote (e.g., employee terminated, contract signed).
- The agenda and meeting minutes showing whether a public recital occurred and what was said.
- Any statements by officials indicating a decision was already made before the open meeting.
These notes are based on non-binding determination letters; the outcome of any challenge depends on specific facts, and you should verify the full PDF of any cited decision.
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-e.json.
Violation found (14)
Whether signing and sending letter was improper final action
Rule: A public body may take final action subject to section 2(e) by reaching and implementing a decision through serial one-on-one communications outside an open meeting.
Violation found A school board's letter signed by a majority of members · July 31, 2026
Public recital for non-certified pay raise vote
Rule: A public recital must identify the impacted employees by job titles, not merely as 'non-certified staff,' to sufficiently inform the public of the business being conducted.
Violation found Closed-session discussion of pay raises and construction bids · August 6, 2025
Hiring decision as final action outside open meeting
Rule: A public body takes final action in violation of OMA when it reaches a consensus and implements a decision outside an open meeting.
Violation found Hiring of a General Counsel and Chief Ethics Officer · October 22, 2024
Improper final action in closed session
Rule: A public body takes final action in closed session when it reaches a decision and implements it before any open session vote, even if it later votes on the matter.
Violation found A school board's closed-session personnel transfer of a principal · September 12, 2023
Final action taken outside open meeting via phone polls
Rule: Reaching a consensus and implementing a decision outside an open meeting constitutes final action prohibited by OMA, even if later ratified.
Violation found Phone polls to vote on township business · June 7, 2023
Final action taken in closed session without open session vote
Rule: No final action may be taken at a closed meeting; final actions such as policy changes must be taken in an open meeting.
Violation found A school board's closed-session discussion of a book removal policy · March 24, 2023
Public recital of final action under section 2(e)
Rule: A public recital must announce the nature of the matter under consideration with sufficient detail to identify the particular transaction or issue, but need not explain its terms or significance.
Violation found A city council's public recital before a final vote · May 16, 2022
Failure to publicly recite consent agenda items before vote
Rule: Section 2(e) of OMA requires a public recital of each item in a consent agenda before a vote, identifying the nature of the matter and details sufficient to identify the particular issue.
Violation found A city council's consent-agenda voting procedure · March 22, 2021
Final action taken outside open meeting
Rule: A public body must take final action in an open meeting, not through private communications or outside a meeting.
Violation found A township board's prohibition of camping in a park · August 20, 2019
Approval of closed session minutes in closed session
Rule: Final action, including approval of closed session minutes, must be taken in open session; a preliminary vote may occur in closed session.
Violation found Approval of closed session minutes in a closed session · September 13, 2019
Final action taken by email outside open meeting
Rule: A public body must take final action openly, not through private email exchanges, even if the underlying decisions are later ratified.
Violation found Email votes on public business · October 3, 2019
Final action taken in closed session without open vote
Rule: Public body improperly took final action in closed session by terminating employee without a vote in open session after public recital.
Violation found Closed-session termination of an employee · November 28, 2017
Inadequate public recital before May 24, 2017 termination vote
Rule: A public body must publicly recite the nature of the matter being considered before taking final action, and merely referencing a closed session discussion is insufficient.
Violation found A board's public recital before a termination vote · June 22, 2017
Insufficient public recital before final action on eight resolutions
Rule: Before final action, a public body must publicly recite the general nature of the matter and specific detail sufficient to identify the particular transaction.
Violation found Agenda descriptions and public recitals for final actions on resolutions · December 19, 2017
No violation (17)
Whether the Board took final action in private
Rule: No final action may be taken at a closed meeting; the Board publicly voted on the censure resolution in open session, and no evidence showed a private final decision.
No violation Board deliberation on a censure resolution outside a public meeting · March 26, 2025
Public recital before final action
Rule: A public recital must announce the nature of the matter with sufficient detail to identify the transaction, but need not explain its terms or significance.
No violation Two versions of a resolution on public comment rules · September 23, 2024
Straw poll on agenda item as final action
Rule: A decision to place or not place an item on an agenda is a procedural step, not final action, and does not violate OMA.
No violation Informal straw polls to set a board agenda · April 11, 2022
Polling or preliminary vote in closed session
Rule: OMA prohibits final action in closed session but does not bar preliminary votes or polling; the requester did not allege final action was taken.
No violation A village board trustee's request to attend a closed session remotely · March 10, 2022
Final action taken in closed session
Rule: A public body does not take final action in closed session when it discusses a recommendation but announces support in open session and later votes on the matter at a subsequent meeting.
No violation A school board's emergency meeting notice and closed-session discussions · November 17, 2021
Adequacy of public recital before policy approval vote
Rule: A public body satisfies section 2(e) by reciting the nature of the matter and sufficient detail to identify the issue, such as policy numbers and titles, without disclosing specific changes or key terms.
No violation School board policy revision approval process · January 8, 2021
Whether Board violated section 2(e) by declining agenda item
Rule: Declining to place an item on the agenda is a procedural step, not final action, and the discussions were not a chain among board members.
No violation A park district board's discussion of a citizen's agenda motion · February 4, 2021
Public recital before final action on compensation
Rule: Final action must be preceded by a public recital of the nature of the matter being considered; the Board's open session discussion satisfied this requirement.
No violation A school board's agenda descriptions and meeting minutes · May 29, 2020
Public recital before final action
Rule: A public body complies with section 2(e) if its recital announces the nature of the matter with enough detail to identify the particular transaction, without needing to explain terms or significance.
No violation A city council's public recital on a legal settlement · August 5, 2019
Final action taken in closed session
Rule: No final action occurs in closed session if the public body later takes a vote in open session on the matter.
No violation A village board's closed-session discussion of personnel matters · May 6, 2019
Final action taken in closed session under section 2(e)
Rule: A tentative consensus that is a step in the process of reaching final action, later approved in open session, does not constitute final action in closed session.
No violation Closed-session discussion of an executive director succession plan · May 31, 2019
Whether the May 17, 2018 e-mail statement was final action
Rule: A statement that expresses opinions, does not assert a new policy, and is not binding on the board is not final action.
No violation Board members' emails coordinating a public statement · January 31, 2019
Whether the Board took improper final action
Rule: The Board's consensus to publicly voice support for Dr. Freeman's candidacy was an intermediate step in the process of reaching final action, not final action itself.
No violation A university board's selection of a president · October 22, 2018
April 10, 2018 closed session vote on adding candidate
Rule: No final action may be taken in closed session, but a preliminary vote that is not final action is permissible.
No violation A school council's failure to post a meeting agenda and closed-session discussion of candidate selection · July 6, 2018
Public recital before final action
Rule: A public recital must announce the nature of the matter under consideration with sufficient detail to identify the transaction, but need not explain its terms or significance.
No violation A library board's public recital before voting on a treasurer's report · September 20, 2017
Final action on separation agreement outside open meeting
Rule: OMA does not require a public body to take final action on separation agreements; the City Council did not take final action on the agreement, as administrative staff entered into it under spending authority.
No violation A separation agreement approved by a city council · June 1, 2017
Final action via e-mail
Rule: Tentative e-mail statements by one member did not manifest final Board action, and the Board later voted in open session.
No violation School board members' emails about appointments · June 8, 2015
No determination / resolved (1)
Curing prior violation by subsequent proper recital and vote
Rule: A public body may ratify and cure an action taken with insufficient transparency by revisiting the matter in open session and holding a proper vote.
No determination / resolved A board's public recital before a termination vote · June 22, 2017