Frequently Asked Questions
For a step-by-step explanation, read the guides to meeting agendas, electronic-record fees, and public-business messages on personal accounts.
Not legal advice. Every answer below is drawn from a real, published Public Access Counselor (PAC) determination letter or a binding Public Access Opinion issued by the Illinois Attorney General's office. Determination letters resolve individual Requests for Review and are persuasive but non-binding; Public Access Opinions carry more legal weight and bind the public body involved. Each answer reflects one specific determination on its own facts, not a categorical rule. This is general information about how the PAC has resolved past disputes, not legal advice, and not a guarantee of how any new dispute will be decided. If you need legal advice, consult an attorney.
Been denied, or your request ignored? The Request for Review builderwalks through what happened and generates a letter to the Public Access Counselor, with the 60-day filing window calculated for you. First, read the denial guide orno-response guide to identify the next step.
Looking for a particular kind of record? Start with the guides topolice records and body-camera footage,school district and board records, orclosed-session minutes and recordings.
If a body limits your chance to speak at a meeting, see the public-comment guide. If a FOIA office calls your request too broad, see the unduly burdensome request guide.
FOIA — Records Requests
Making a Request & Response Deadlines
How long does a public body have to respond to my FOIA request?
Five business days from receipt. Failing to respond within that window is itself a violation.
Public Access Opinion 12-002; Public Access Opinion 13-001; Public Access Opinion 13-004; Public Access Opinion 13-005; Public Access Opinion 13-009; Public Access Opinion 14-014
Read the source:The request sought statistical data regarding student suspensions, enrollment, and…The request sought access to emergency management plans referenced in news media reportsThe requester sought video surveillance, police department policies, and meeting minutes…The failure of a public body to acknowledge or respond to a FOIA request for financial…The request sought travel-related bills, receipts, and invoices submitted by university…The request sought records pertaining to an entity known as Comprehensive Health Agency…
What happens if a public body misses the five-day deadline?
Two consequences follow automatically: the body is barred from charging any fees for the records, and it loses the right to later claim the request is "unduly burdensome." Missing the deadline doesn't force disclosure of otherwise-exempt records — it just forfeits those two defenses.
Public Access Opinion 13-001; Public Access Opinion 13-004; Public Access Opinion 13-005; Public Access Opinion 13-009; Public Access Opinion 14-014; Public Access Opinion 15-012; Public Access Opinion 15-013; Public Access Opinion 16-001
Read the source:The request sought access to emergency management plans referenced in news media reportsThe requester sought video surveillance, police department policies, and meeting minutes…The failure of a public body to acknowledge or respond to a FOIA request for financial…The request sought travel-related bills, receipts, and invoices submitted by university…The request sought records pertaining to an entity known as Comprehensive Health Agency…The failure of a public body to provide any response to a submitted Freedom of…The request sought records maintained by the university pursuant to sections 3.5(a)(1)…The request sought records related to First Amendment worksheets and communications from…
If a public body denies my request, do they have to explain why in writing?
Yes — a public body must either produce the records or issue a proper written denial explaining the basis. Simply not responding at all is a separate violation from denying in writing.
Public Access Opinion 13-013
Read the source:The request concerned records related to a defunct property development project at 17040…
Can a public body label me a "recurrent requester" to get more time or charge for labor?
Only if the "recurrent requester" classification actually applies under the statute's specific definition — PAC has found the label misapplied, including retroactively to conduct that predated the relevant amendment. If misapplied, the body must go back to processing requests under standard FOIA timelines.
Public Access Opinion 12-001; PAC determination letter 17798 (2018)
Read the source:The improper classification of a citizen as a recurrent requester to delay or restrict…The dispute concerns the retroactive application of the 'recurrent requester' designation…
Is every government-adjacent entity required to respond to FOIA requests?
No — only entities that meet FOIA's definition of "public body." Judicial branch entities (e.g., the Illinois Judicial Inquiry Board), most private non-profits, and federal agencies generally fall outside that definition and aren't required to respond.
Public Access Opinion 12-015; PAC determination letter 85440 (2025); PAC determination letter 81723 (2024)
Read the source:The requester sought records regarding the removal of a judge and complaints filed…The requester sought records from a private non-profit organization, which the PAC…The PAC determined it lacked jurisdiction over a federal agency regarding an Illinois…
Can I send a FOIA request to a public official's personal email address?
No — a request has to go to the public body itself through its official channels; a request sent only to an individual official's personal email isn't considered a valid FOIA request that triggers the body's response obligation.
PAC determination letter 50407 (2017); PAC determination letter 81544 (2024)
Read the source:The requester attempted to submit a FOIA request via the personal email address of the…The requester sought records from a Village Trustee regarding a community Facebook page
Are charter schools required to comply with FOIA requests?
Yes — charter schools operate using public funds and perform a public function, so their records concerning public business are subject to FOIA.
Public Access Opinion 13-012
Read the source:The request concerned the accessibility of records held by a charter school network and…
Deadlines & Fees
Can a public body charge for the time it takes to search for and pull records?
For an ordinary request, no — not at all. Section 6(a) says that if a request is not for a commercial purpose and is not a voluminous request, a public body "may not charge the requester for the costs of any search for and review of the records or other personnel costs." The separate rule allowing up to $10 per hour after the first 8 free hours is in section 6(f), which applies only to commercial requests. A fee not specifically fixed by another statute doesn't override FOIA's fee limits either.
PAC determination letter 26621 (2018); PAC determination letter 31244 (2018)
Read the source:The City of Rockford assessed a $10 fee for the search and retrieval of a fire reportThe requester was charged a fee for a DVD copy of in-car traffic stop video footage
Can a public body pass along a private contractor's search costs to me?
No — records held by a contractor performing a government function are still public records, and the public body can't charge the requester for what it costs the contractor to search for and produce them.
Public Access Opinion 13-018
Read the source:The request concerned records held by a contractor performing a governmental function for…
Police & Investigatory Records
Can police withhold an entire incident or arrest report?
Not automatically, and not in full — withholding an entire report without properly applying a specific exemption has repeatedly been found to be an improper denial. But a request submitted before responsive records existed, or before an investigation concluded, may not be improperly denied at that time.
PAC determination letter 39260 (2016); PAC determination letter 32130 (2019)
Read the source:The request sought disciplinary records, citizen complaints, and internal investigation…The request sought video footage from a June 2014 hit-and-run incident
Can a police department withhold records just by asserting they'd "interfere with an investigation"?
No — the department has to actually show, with evidence, that disclosure would cause real harm to a specific investigation; a bare assertion isn't enough to sustain the exemption.
Public Access Opinion 13-017; Public Access Opinion 17-001
Read the source:The City of Berwyn denied a FOIA request for a specific police report, citing law…The request sought a copy of an Illinois State Police field report referenced in a…
Can police withhold body-worn camera footage by citing the Body Camera Act itself?
No — the Law Enforcement Officer-Worn Body Camera Act doesn't provide an independent basis to withhold footage from a FOIA requester; footage still has to be evaluated under FOIA's own exemptions.
Public Access Opinion 19-001; Public Access Opinion 19-010
Read the source:The request concerned the disclosure of officer-worn body camera footage related to a…The request sought body camera and dash camera recordings related to the in-custody death…
Can a public body withhold 9-1-1 recordings just because there's an ongoing investigation?
No — the existence of an investigation alone isn't a valid basis; a specific FOIA exemption still has to actually apply and be justified.
Public Access Opinion 17-011
Read the source:The request sought 9-1-1 call recordings related to the death of a seventeen-month-old…
Can a police department cite the Juvenile Court Act to withhold an entire traffic accident report?
No — PAC has found that the Juvenile Court Act doesn't serve as a blanket basis for withholding an otherwise-public accident report.
Public Access Opinion 18-016
Read the source:The request sought a copy of a traffic accident report involving a minor passenger
Are crime statistics and accident reports involving public officials subject to disclosure?
Generally yes — PAC has repeatedly ordered release of crime-report statistics and accident reports involving public officials or police personnel where no specific exemption was properly justified.
Public Access Opinion 12-006; Public Access Opinion 13-011; Public Access Opinion 13-015; Public Access Opinion 16-009
Read the source:The request sought police incident reports and 911 call records related to the arrest of…The request concerned records and traffic citations from an internal investigation into a…Request for monthly Uniform Crime Report statistics submitted by City of Harvey to…The disclosure of information contained within a criminal complaint filed by a public…
Can police withhold post-mortem or autopsy photographs from the deceased's family?
Not based on generalized privacy concerns alone — PAC ordered release to the executor of an estate in one such case.
Public Access Opinion 16-002
Read the source:The request involved access to crime scene and autopsy photographs related to a death…
Personnel & Employment Records
Can a public body withhold employee emails or internal communications as "deliberative"?
Only if it can show the records are genuinely pre-decisional and deliberative — a blanket claim isn't enough. PAC found improper denials where an agency withheld records without establishing they were pre-decisional, and where a school district withheld emails without showing they were exempt in their entirety.
PAC determination letter 37067 (2016); PAC determination letter 38873 (2016)
Read the source:The request sought correspondence regarding state hiring and employment matters sent to…The request concerned emails from a school official regarding York High School morning…
Are a public employee's résumé and job application public records?
Yes — they must be released, though specific private details like a Social Security number or home address may be redacted. The document as a whole isn't exempt just because parts of it are.
Public Access Opinion 14-015
Read the source:The request sought the employment application and résumé of a public employee
Are public employee salary, wage, and bonus figures subject to disclosure?
Yes — compensation information for public employees is a matter of public record.
Public Access Opinion 16-012; Public Access Opinion 18-005
Read the source:The request sought the names, titles, and dollar amounts of bonuses awarded to staff…The request sought records of wages and salaries paid to City of Nashville employees…
Can a public body withhold the identities of employees accused of misconduct?
No — the public interest in transparency about employee misconduct has been found to outweigh the privacy interest in most cases.
Public Access Opinion 21-010
Read the source:The disclosure of names of public employees involved in allegations of racial…
Can a public body withhold employee photographs as "private information"?
No — PAC has found that simply labeling employee photographs "private" doesn't make them exempt.
Public Access Opinion 14-008
Read the source:The request sought personnel photographs of a former auxiliary deputy sheriff
Are there any circumstances where a public body can keep employee identities confidential?
Yes, narrowly — where a specific statute exempts identity information for employees in certain bargaining-unit positions, that specific exemption controls.
Public Access Opinion 22-009
Read the source:The request sought the names and contact information of municipal employees represented…
FOIA Exemptions
Is there a blanket exemption for law enforcement or investigatory files?
No. The law-enforcement exemption is section 7(1)(d), and it is not blanket — it covers records created in the course of administrative enforcement proceedings or held by a law enforcement agency for law enforcement purposes, but "only to the extent that" disclosure would cause one of several specific enumerated harms (interfering with pending proceedings, revealing a confidential source, endangering someone's safety, and so on). The public body has to identify the specific harm for the specific records. A different exemption, section 7(1)(f), covers preliminary drafts and deliberative material — that one is not about law enforcement, and PAC has upheld properly-supported 7(1)(f) withholdings in that separate context.
PAC determination letter 26247 (2017)
Read the source:The request sought records and communications concerning the use of animals in the School…
Can a public body invoke attorney-client privilege to withhold a record wholesale?
Only for the portions that are actually legal advice — if a document is mostly factual with only some legal-advice content, the factual parts still have to be released.
PAC determination letter 36017 (2016); PAC determination letter 39684 (2016)
Read the source:The request sought correspondence between the Governor's Office and former Department of…The request concerned communications between two city attorneys regarding factual…
Are employee disciplinary records — terminations, reinstatements — exempt from FOIA?
Only partly. Section 7(1)(n) exempts records relating to a public body's adjudication of employee grievances or disciplinary cases — but it says expressly that "this exemption shall not extend to the final outcome of cases in which discipline is imposed." So the internal adjudication file may be withheld, while the final outcome of a case where discipline was actually imposed must be disclosed. PAC has upheld withholding in at least one university-employee matter, but that was a non-binding determination turning on its own facts, not a general rule that discipline outcomes are exempt.
PAC determination letter 40002 (2016)
Read the source:The request sought employment, termination, and reinstatement records for a university…
Can a public body withhold draft contract language during ongoing union negotiations?
Yes — draft bargaining proposals and preliminary contract language tied to active collective bargaining are exempt under section 7(1)(p).
PAC determination letter 41667 (2016)
Read the source:The request sought draft contract language and salary schedules related to a collective…
Can a public body withhold its internal audit manual?
PAC has found this permissible where necessary to protect the integrity of tax-enforcement standards or similar regulatory processes.
PAC determination letter 13591 (2018)
Read the source:The request sought internal audit manual sections used by the Department of Revenue for…
Redactions & Partial Withholding
Can a public body withhold an entire legal invoice because part of it is privileged?
No — only the genuinely privileged portions (e.g., specific legal-strategy narrative) can be redacted; billing rates, hours, and general service descriptions have to be disclosed so the public can see how public funds are being spent.
Public Access Opinion 14-002; Public Access Opinion 12-005
Read the source:The request sought records of payments and invoices for legal services provided to the…The dispute concerned a newspaper editor's request for the school district's legal…
Can a public body redact parts of a record it decides the requester doesn't "need"?
No — if a document is responsive, the whole document has to be produced unless a specific legal exemption actually applies to a specific part of it. A public body doesn't get to unilaterally decide relevance.
Public Access Opinion 12-009
Read the source:The District redacted portions of requested letters that it deemed irrelevant or outside…
Are financial terms in government contracts — pricing, hourly rates — redactable?
No — these terms document how public funds are spent and are not exempt.
Public Access Opinion 14-005
Read the source:The request sought the financial terms, including pricing structure and hourly rates, of…
Can a public body redact municipal utility customers' names and addresses?
No — PAC has found that basic utility customer identifying information doesn't qualify as "private information" under FOIA.
Public Access Opinion 18-002
Read the source:The disclosure of municipal water utility customer account information
Can compensation and bonus figures be redacted from a public employee's contract?
No — this financial information in a public employment contract is not exempt from disclosure.
Public Access Opinion 15-006
Read the source:The request sought disclosure of physician employment contracts, specifically regarding…
Contractor-Held & Electronic Records
If a public body outsources work to a private contractor, are the contractor's records public?
Yes, if the contractor is performing a government function — those records are treated as public records of the body, and the body can't pass along the contractor's own search/retrieval costs to the requester.
Public Access Opinion 13-018
Read the source:The request concerned records held by a contractor performing a governmental function for…
Are text messages and emails about public business subject to FOIA if sent from a personal account or device?
Yes — using a personal phone or private email account doesn't take public-business communications outside FOIA's reach.
Public Access Opinion 2011 PAC 15916
Read the source:The request sought electronic communications, including text messages and emails, sent by…
Can a public body redact the names of a contractor's employees from certified payroll records on a public project?
No — names on certified payroll for publicly funded projects are public information.
Public Access Opinion 17-010
Read the source:The disclosure of contractor employee names within certified payroll records for a public…
"Recurrent Requester" & Burdensome Requests
Can a public body refuse a request because the requester asks a lot?
Only under specific, narrow statutory definitions — PAC found a body improperly applied the "recurrent requester" provisions retroactively to conduct that predated the relevant amendment. Being denied "news media" status for expedited-fee purposes is a separate, fact-specific inquiry.
PAC determination letter 17798 (2018); PAC determination letter 44649 (2016)
Read the source:The dispute concerns the retroactive application of the 'recurrent requester' designation…The requester sought City cellular phone bills and credit card expenditures while…
Can a body reject a request as "unduly burdensome" just because it's broad?
Not without first offering the requester a chance to narrow it — PAC found a violation where a village skipped that required conferral step. Where the burden genuinely outweighs the public interest and conferral did occur, PAC has upheld a denial.
PAC determination letter 52130 (2020); PAC determination letter 44651 (2016)
Read the source:The request sought all emails between the Village Finance Director and the Village…The request sought three years of electronic calendar appointments for a village official
Is it enough for a public body to just say a request is "too much work"?
No — the body has to actually demonstrate the burden with evidence, and generally has to have performed a real search before claiming one. A bare assertion of burden isn't sufficient.
Public Access Opinion 16-008; Public Access Opinion 18-007; Public Access Opinion 18-013
Read the source:The request sought digital copies of emails between a city official and planning…The request sought various records concerning the Illinois Impact Incarceration ProgramThe request sought emails between the Governor and specific individuals regarding…
Can records about how public money is being spent be withheld as "unduly burdensome"?
No — PAC has been particularly resistant to burden claims over records documenting the expenditure of public funds, given the strong public interest involved.
Public Access Opinion 18-008
Read the source:A contract amendment specifying the fixed monthly capitation rate CCHHS pays a mental…
OMA — Open Meetings
Meeting Notice & Agendas
Does a public body have to give advance notice before a meeting?
Yes. A board that holds a meeting without providing advance public notice or posting an agenda violates OMA. The Waukegan Public Schools Board was found to have violated OMA for a meeting held without notice or an agenda.
PAC determination letter 32578 (2015)
Read the source:The board held an unannounced meeting to discuss collective bargaining negotiations
Is every informal gathering of board members a "meeting" that requires notice?
No — OMA only applies to gatherings of a quorum of a public body held to conduct public business. A partisan political gathering that board members happened to attend was found not to be a "meeting" under OMA. Similarly, PAC has found that mere attendance by a quorum at a public forum, without deliberation on public business, doesn't trigger OMA.
PAC determination letter 35946 (2015); PAC determination letter 51521 (2018); PAC determination letter 52223 (2018)
Read the source:The requester challenged the lack of public notice and public comment opportunities at a…The attendance of village board members at public forums concerning a home rule referendumThe requester alleged that a chamber of commerce breakfast event featuring local…
Do emails between board members count as a "meeting"?
Not automatically. PAC concluded that an email exchange among board members did not constitute a "meeting" under OMA in one case, because email is not covered by the same real-time-deliberation requirement — though the details matter and quorum-wide email deliberation on public business can still be scrutinized.
PAC determination letter 49878 (2018)
Read the source:The use of email by school board members to discuss a referendum petition
Can a public body change its meeting agenda less than 48 hours before the meeting?
It may remove items within that window without violating OMA, as long as the public still has proper notice of what remains. It may not add new topics for discussion or action in that window.
Public Access Opinion 14-003
Read the source:The legality of amending a public meeting agenda to remove items within the 48-hour…
How specific does an agenda item have to be?
Specific enough that the public can actually understand what business is being conducted and what's genuinely being decided — vague catch-all descriptions (e.g., labeling a personnel vote just "employee," or not describing the subject of a settlement or resolution) have repeatedly been found to violate the notice requirement.
Public Access Opinion 14-001; Public Access Opinion 23-004; Public Access Opinion 13-016; Public Access Opinion 19-012; Public Access Opinion 19-004
Read the source:The adequacy of a meeting agenda item regarding a separation agreement with a former…Approval of a severance agreement with an assistant superintendent that was not properly…The Board took final action to recommend the dismissal of an employee without disclosing…The failure of a city council to provide adequate notice on a meeting agenda regarding an…The Board of Education failed to provide a sufficient public explanation of a resolution…
Can a public body take final action on something that wasn't listed on the agenda?
No — the general subject matter of any final action has to be on the agenda beforehand. PAC has found violations across many fact patterns (fee increases, legal settlements, policy changes, contract authorizations) where a body voted on something the agenda didn't disclose.
Public Access Opinion 13-002; Public Access Opinion 15-005; Public Access Opinion 22-006; Public Access Opinion 22-008; Public Access Opinion 16-015; Public Access Opinion 19-012; Public Access Opinion 24-007
Read the source:The Board took final action to increase museum admission fees without including the item…The Board improperly discussed a police services contract in a closed session and failed…The Board of Education took final action on a change to student and staff masking…The Committee took final action on hiring a crop insurance agent and borrowing funds for…Vote to amend and approve a settlement agreement in a lawsuit was taken without being…The failure of a city council to provide adequate notice on a meeting agenda regarding an…Board allowed remote attendance by a trustee for employment reasons and took final action…
Does a public body have to give notice before changing its regular meeting schedule?
Yes — advance notice of a change to the regular meeting schedule is required so the public can still find out when and where the body is meeting.
Public Access Opinion 24-013
Read the source:Change in regular meeting dates from third Monday to third Wednesday without required…
Closed Sessions
Can a member of the public get a copy of closed-session minutes or a recording?
Not automatically. A public body may properly withhold closed-session verbatim recordings and minutes that it has not yet released to the public — this is an explicit exemption under both FOIA and OMA.
PAC determination letter 81399 (2024); PAC determination letter 85548 (2025)
Read the source:The requester sought access to closed session minutes and verbatim recordings concerning…The requester sought access to school board closed session minutes spanning an eight-year…
What has to happen before a board goes into closed session?
The board must cite a specific statutory basis for closing the session and record that basis in its minutes. A library board that properly discussed probable or imminent litigation in closed session still violated OMA by failing to record the basis for closing that meeting. The same documentation requirement applies broadly — citing a valid exception isn't enough if the minutes don't actually record it.
Public Access Opinion 13-008; Public Access Opinion 15-007; Public Access Opinion 16-007; Public Access Opinion 12-013
Read the source:The Board held a closed session to discuss probable or imminent litigation without…The committee improperly closed a meeting without citing legal exceptions and discussed a…The Board improperly discussed the mere possibility of litigation in a closed session…The improper discussion of a landfill ordinance in a closed session and failure to record…
Are closed sessions required to be recorded?
Yes — section 2.06(a) requires a verbatim record of every closed meeting, in the form of an audio or video recording (either is acceptable). That is separate from the requirement to document the legal basis for closing the session.
Public Access Opinion 21-006; Public Access Opinion 12-013
Read the source:The failure of a public body committee to create a verbatim audio or video recording of a…The improper discussion of a landfill ordinance in a closed session and failure to record…
Can a board take a final vote on an employment matter — a termination, a separation agreement — in closed session?
No. Deliberation can happen in closed session, but the final vote itself has to happen in open session. This has come up repeatedly with terminations, superintendent separation agreements, and similar personnel actions.
Public Access Opinion 13-007; Public Access Opinion 13-003
Read the source:The Board took final action on an employment separation agreement for the former…The Board's closed-session vote to terminate the employment of a tenured University…
Can a board discuss budget, finances, or a contract in closed session?
Not just because it wants privacy — general budget discussions, college finances, and contract/bidding discussions aren't valid closed-session topics absent a specific statutory exception, and any final vote on a contract still has to happen in open session.
Public Access Opinion 12-011; Public Access Opinion 15-003; Public Access Opinion 15-005; Public Access Opinion 12-013
Read the source:The improper discussion of municipal budgetary matters during a closed session meetingThe Board discussed general financial conditions and the potential sale or lease of…The Board improperly discussed a police services contract in a closed session and failed…The improper discussion of a landfill ordinance in a closed session and failure to record…
Can meeting minutes themselves be approved in closed session?
No — approving minutes is itself a final action, and OMA requires final actions to happen in open session.
Public Access Opinion 23-014
Read the source:The Board of Trustees took a final vote to approve closed session minutes during a closed…
Public Comment
Can a public body limit who is allowed to speak during public comment?
Generally no — restricting public comment to residents only, or to items already on the agenda, has repeatedly been found to violate section 2.06(g) of OMA.
PAC determination letter 38037 (2016); PAC determination letter 37391 (2016)
Read the source:The City Council restricted public comment at a meeting to residents and agenda items onlyThe dispute concerns the Village of Cahokia's restrictive policies regarding public…
Can a board cut off a speaker's public comment time?
Not if it's inconsistent with the board's own adopted public comment rules — PAC found a violation where a city council didn't allow a requester to complete his allotted comment time at one meeting, while finding no violation for a separate meeting where different rules applied.
PAC determination letter 56926 (2020)
Read the source:The requester alleged that the City Council inconsistently enforced rules and prevented…
Can a public body require me to give my home address before I'm allowed to speak?
No — requiring a home address as a condition of exercising the right to public comment has been found to violate OMA.
Public Access Opinion 14-009
Read the source:The requirement for a member of the public to provide a home address as a condition for…
Can a public body enforce a time limit on public comment that isn't written down anywhere?
No — comment restrictions have to be formally adopted in the body's own bylaws or policies; an unwritten, ad hoc limit isn't enforceable.
Public Access Opinion 19-002
Read the source:The imposition of an unrecorded 15-minute time limit on public comment during a school…
Can a public body require citizens to sign up to speak several days in advance?
PAC has found that requiring sign-up several days ahead of the meeting creates an unreasonable barrier to public participation.
Public Access Opinion 14-012; PAC determination letter 37391 (2016)
Read the source:The legality of a public body's rule requiring advance written notice to provide public…The dispute concerns the Village of Cahokia's restrictive policies regarding public…
Remote / Electronic Meetings
Can a board member participate in a meeting by phone or video instead of in person?
Sometimes — but it usually requires a specific vote or a properly declared public health emergency, depending on when the meeting occurred. PAC found no violation where a village board permitted audio-conference participation under its adopted rules. But PAC found a violation where a board allowed remote participation without the required formal vote.
PAC determination letter 33732 (2015); PAC determination letter 54143 (2019)
Read the source:The propriety of a village trustee participating in a public meeting via audio conferenceThe dispute concerns the procedural requirements for remote attendance by public…
Was it improper for a body to meet remotely during the COVID-era public health emergency rules?
Not inherently — but the specific procedural requirements for declaring and conducting a remote meeting under the public-health-emergency provisions still have to be followed. PAC found violations where a city council and a village board of trustees both held improper remote meetings during a declared public health emergency without meeting those requirements.
Public Access Opinion 22-003; Public Access Opinion 22-007
Read the source:The accessibility and public participation requirements for a remote City Council meeting…The Village of University Park held board meetings during a public health emergency…
Meeting Minutes
How quickly does a board have to approve its meeting minutes?
Within 30 days of the meeting, or by the second subsequent regular meeting, whichever is later.
PAC determination letter 46954 (2017); Public Access Opinion 20-001
Read the source:The failure of the Township Board to approve minutes from a Committee of the Whole…Approval of meeting minutes for three September 2019 meetings was delayed beyond the…
What has to be included in meeting minutes?
At minimum, the date/time/place, members present and absent, and a summary of discussion and votes on all matters. A board that approved minutes late and left out required content was found to have committed two separate violations.
PAC determination letter 50418 (2018)
Read the source:The adequacy of agenda notice for 'Payment of Bills' and the timeliness and content of…
Can I get closed-session minutes through a FOIA request?
You can ask, but a public body may properly withhold closed-session minutes and recordings it hasn't yet released, or that remain otherwise exempt — this overlapping FOIA/OMA exemption is well established.
PAC determination letter 81399 (2024); PAC determination letter 85548 (2025)
Read the source:The requester sought access to closed session minutes and verbatim recordings concerning…The requester sought access to school board closed session minutes spanning an eight-year…
Recording Meetings
Does the public have the right to record an open meeting?
Yes — OMA guarantees this right, and a public body can't enforce an internal rule requiring advance notice before someone records.
Public Access Opinion 12-010
Read the source:Property tax hearing before the Lake County Board of Review where the requester was…
What Counts as a "Meeting" (Quorum & Informal Gatherings)
Does a quorum of board members showing up at the same public event automatically count as an illegal meeting?
No — mere attendance at a public forum or social event isn't a "meeting" under OMA unless the members actually deliberate on public business among themselves while there.
PAC determination letter 51521 (2018); PAC determination letter 52223 (2018); PAC determination letter 49967 (2017)
Read the source:The attendance of village board members at public forums concerning a home rule referendumThe requester alleged that a chamber of commerce breakfast event featuring local…The requester alleged that a gathering of aldermen at a restaurant for a campaign…
If a quorum meets privately to discuss public business but doesn't vote on anything, is that still a violation?
Yes — a meeting is defined by deliberation on public business, not by whether a final vote happens. A quorum discussing public business without notice, an open setting, or minutes violates OMA even with no vote taken.
PAC determination letter 14722 (2011); PAC determination letter 48812 (2019); PAC determination letter 49874 (2017)
Read the source:The committee held an unannounced private gathering to discuss an alternative…The matter concerns whether a committee meeting attended by a quorum of the Village Board…The City Council held an unannounced gathering of members to discuss public business…
Is there a minimum number of members for an informal gathering to count as a "meeting"?
The threshold is lower than most people assume. Under section 1.02, a "meeting" is a gathering of a majority of a quorum of the members — not a full quorum. (The full-quorum threshold applies only to 5-member bodies, where 3 members are a quorum.) So on a larger board, a gathering well short of a quorum can still be a meeting. PAC has found that two members of a larger committee attending a session, below even a majority of a quorum, didn't trigger OMA.
PAC determination letter 47674 (2017)
Read the source:The matter concerned whether joint sessions between university board members and…
Applies to Both FOIA and OMA
Who Has to Follow FOIA and OMA ("Public Bodies")
Are federal agencies subject to Illinois FOIA?
No — Illinois FOIA reaches Illinois state and local government bodies; federal agencies aren't "public bodies" under the Act.
PAC determination letter 81723 (2024)
Read the source:The PAC determined it lacked jurisdiction over a federal agency regarding an Illinois…
Is a private non-profit a "public body" just because it publishes some information or gets some public funding?
Generally no — being a private non-profit doesn't automatically make an entity a "public body," even where it discloses information in its own tax filings.
PAC determination letter 85440 (2025)
Read the source:The requester sought records from a private non-profit organization, which the PAC…
Are judicial-branch entities covered by FOIA?
No — entities like the Illinois Judicial Inquiry Board fall under the judicial branch and don't meet FOIA's "public body" definition.
Public Access Opinion 12-015
Read the source:The requester sought records regarding the removal of a judge and complaints filed…
Do advisory boards and task forces have to follow OMA?
Yes, if they meet the legal definition of a "public body" — PAC has applied this to entities like county enterprise-zone advisory boards and state policy task forces.
PAC determination letter 37555 (2017); PAC determination letter 42647 (2018); PAC determination letter 44489 (2018)
Read the source:The determination addresses whether regional trauma advisory committees are subject to…The determination addresses whether a city-created task force is required to comply with…The determination addresses whether an enterprise zone advisory board is required to…
Every answer above reflects one specific determination on its own facts, not a categorical rule — Illinois FOIA and OMA case outcomes turn heavily on the specific records, meeting, and procedural history involved. Use theopinions & letters browser to search the full case database for determinations closest to your situation. See also the splits tracker for points where Illinois courts read the same provision differently.