{
 "topic": "OMA section 1.05(b)",
 "statute": "5 ILCS 120/1.05(b)",
 "family": "Other OMA provisions",
 "page": "https://illinoisfoia.org/issues/oma-1-05-b/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 3,
  "no_violation": 1,
  "no_determination": 1,
  "other": 0
 },
 "challenge_notes": {
  "generated_by": "AI summary of the decisions listed on this page; not legal advice; verify each decision against its PDF",
  "when_a_challenge_is_strong": [
   {
    "text": "You can show a member assumed office and completed OMA training more than 90 days later.",
    "why": "The Bureau found that completing training after the 90-day deadline violates the OMA.",
    "decisions": [
     {
      "title": "A special city council meeting's agenda and member training",
      "url": "https://illinoisfoia.org/opinions/letter-60547/#issue-5"
     },
     {
      "title": "A council's meeting notices and member OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-54184/#issue-6"
     },
     {
      "title": "A gathering of three aldermen about city business",
      "url": "https://illinoisfoia.org/opinions/letter-41800/#issue-3"
     }
    ]
   },
   {
    "text": "The public body argues that late training does not invalidate an action.",
    "why": "That argument did not stop the Bureau from finding a violation when the 90-day deadline was missed.",
    "decisions": [
     {
      "title": "A council's meeting notices and member OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-54184/#issue-6"
     },
     {
      "title": "A gathering of three aldermen about city business",
      "url": "https://illinoisfoia.org/opinions/letter-41800/#issue-3"
     }
    ]
   },
   {
    "text": "The public body argues there is no penalty for late training.",
    "why": "The Bureau still found that late completion violated the OMA; the absence of a penalty does not erase the violation.",
    "decisions": [
     {
      "title": "A special city council meeting's agenda and member training",
      "url": "https://illinoisfoia.org/opinions/letter-60547/#issue-5"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The member previously completed OMA training.",
    "why": "The Bureau said a member who already completed OMA training is not required to retrain.",
    "decisions": [
     {
      "title": "Final action on unagendaed items and OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-40768/#issue-2"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "List the date each member assumed office and the date each member completed OMA electronic training; if more than 90 days passed, ask for a violation finding.",
    "why": "",
    "decisions": [
     {
      "title": "A special city council meeting's agenda and member training",
      "url": "https://illinoisfoia.org/opinions/letter-60547/#issue-5"
     },
     {
      "title": "A council's meeting notices and member OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-54184/#issue-6"
     },
     {
      "title": "A gathering of three aldermen about city business",
      "url": "https://illinoisfoia.org/opinions/letter-41800/#issue-3"
     }
    ]
   },
   {
    "text": "Do not ask to invalidate the public body's action; instead ask for a written finding that the training deadline was missed.",
    "why": "",
    "decisions": [
     {
      "title": "A council's meeting notices and member OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-54184/#issue-6"
     },
     {
      "title": "A gathering of three aldermen about city business",
      "url": "https://illinoisfoia.org/opinions/letter-41800/#issue-3"
     },
     {
      "title": "Final action on unagendaed items and OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-40768/#issue-2"
     }
    ]
   },
   {
    "text": "If the member completed OMA training before taking office, say so and provide proof; retraining is not required.",
    "why": "",
    "decisions": [
     {
      "title": "Final action on unagendaed items and OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-40768/#issue-2"
     }
    ]
   },
   {
    "text": "State that you are not seeking a penalty for late training; the OMA provides none.",
    "why": "",
    "decisions": [
     {
      "title": "A special city council meeting's agenda and member training",
      "url": "https://illinoisfoia.org/opinions/letter-60547/#issue-5"
     },
     {
      "title": "A school board’s failure to post a meeting agenda",
      "url": "https://illinoisfoia.org/opinions/letter-48046/#issue-1"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "The date each member took office or was appointed/elected.",
   "The date each member completed OMA electronic training.",
   "Whether each member completed OMA training before taking office.",
   "The specific action or decision you want reviewed, if any, and its date."
  ],
  "common_mistakes": [
   {
    "text": "Assuming late OMA training invalidates the public body's action.",
    "why": "",
    "decisions": [
     {
      "title": "A council's meeting notices and member OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-54184/#issue-6"
     },
     {
      "title": "A gathering of three aldermen about city business",
      "url": "https://illinoisfoia.org/opinions/letter-41800/#issue-3"
     },
     {
      "title": "Final action on unagendaed items and OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-40768/#issue-2"
     }
    ]
   },
   {
    "text": "Assuming a penalty is available for late training.",
    "why": "",
    "decisions": [
     {
      "title": "A special city council meeting's agenda and member training",
      "url": "https://illinoisfoia.org/opinions/letter-60547/#issue-5"
     },
     {
      "title": "A school board’s failure to post a meeting agenda",
      "url": "https://illinoisfoia.org/opinions/letter-48046/#issue-1"
     }
    ]
   },
   {
    "text": "Ignoring prior OMA training and claiming retraining was required.",
    "why": "",
    "decisions": [
     {
      "title": "Final action on unagendaed items and OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-40768/#issue-2"
     }
    ]
   },
   {
    "text": "Assuming that because an action is not invalidated and no penalty exists, late training was not a violation.",
    "why": "",
    "decisions": [
     {
      "title": "A special city council meeting's agenda and member training",
      "url": "https://illinoisfoia.org/opinions/letter-60547/#issue-5"
     },
     {
      "title": "A council's meeting notices and member OMA training",
      "url": "https://illinoisfoia.org/opinions/letter-54184/#issue-6"
     }
    ]
   }
  ],
  "caution": "These are non-binding determination letters and the outcomes turn on specific dates, records, and the exact PDF text, so verify each decision before relying on it."
 },
 "issues": [
  {
   "issue": "OMA training compliance",
   "outcome": "violation_found",
   "rule": "Members must complete OMA training within 90 days of taking office; late completion violates OMA, but no penalty is provided.",
   "decision": {
    "title": "A special city council meeting's agenda and member training",
    "date": "2020-02-21",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-60547/"
   },
   "authorities": []
  },
  {
   "issue": "OMA electronic training completion",
   "outcome": "violation_found",
   "rule": "Members of a public body must complete OMA electronic training within 90 days of assuming office; failure to do so is a violation, but does not invalidate actions taken.",
   "decision": {
    "title": "A council's meeting notices and member OMA training",
    "date": "2018-12-19",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-54184/"
   },
   "authorities": []
  },
  {
   "issue": "OMA training completed within 90 days",
   "outcome": "no_determination",
   "rule": "Five members completed OMA training late, but OMA provides no penalty for failure to complete training within the statutory timeframe.",
   "decision": {
    "title": "A school board’s failure to post a meeting agenda",
    "date": "2017-09-20",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-48046/"
   },
   "authorities": []
  },
  {
   "issue": "Aldermen failed to complete OMA training within 90 days",
   "outcome": "violation_found",
   "rule": "Elected or appointed members of a public body must complete OMA training within 90 days of taking office; failure does not invalidate actions.",
   "decision": {
    "title": "A gathering of three aldermen about city business",
    "date": "2017-07-05",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-41800/"
   },
   "authorities": []
  },
  {
   "issue": "OMA training requirement for trustee",
   "outcome": "no_violation",
   "rule": "A member who previously completed OMA training is not required to retrain, and any training violation would not invalidate Board action.",
   "decision": {
    "title": "Final action on unagendaed items and OMA training",
    "date": "2017-02-10",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-40768/"
   },
   "authorities": []
  }
 ]
}