{
 "topic": "OMA section 2.05",
 "statute": "5 ILCS 120/2.05",
 "family": "Notice, agendas, and meeting access",
 "page": "https://illinoisfoia.org/issues/oma-2-05/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 3,
  "no_violation": 2,
  "no_determination": 2,
  "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": "Officials made comments that dissuaded a person from recording an open meeting, even without formal action to prohibit recording.",
    "why": "A public body violates OMA when its officials' comments dissuade recording, as they interfered with the statutory right.",
    "decisions": [
     {
      "title": "A public body's interference with recording an open meeting",
      "url": "https://illinoisfoia.org/opinions/letter-83040/#issue-1"
     }
    ]
   },
   {
    "text": "The public body interfered with recording and had not adopted any reasonable rules governing recording.",
    "why": "Interference with the statutory right to record an open meeting violates OMA when the body lacks reasonable rules restricting that right.",
    "decisions": [
     {
      "title": "Recording an open meeting of a village board",
      "url": "https://illinoisfoia.org/opinions/letter-79291/#issue-1"
     }
    ]
   },
   {
    "text": "The public body has not prescribed any rules governing the public's right to record meetings, as required by section 2.05.",
    "why": "Section 2.05 requires public bodies to prescribe reasonable rules; failure to adopt any rules is a direct violation.",
    "decisions": [
     {
      "title": "Restriction of recording location at a school board meeting",
      "url": "https://illinoisfoia.org/opinions/letter-42572/#issue-2"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The event where recording was denied is not an open meeting of a public body under the Open Meetings Act, such as a hearing governed by administrative code.",
    "why": "OMA recording rights apply only to meetings of a public body; a hearing under administrative code does not trigger section 2.05.",
    "decisions": [
     {
      "title": "Recording of a coal mine permit hearing",
      "url": "https://illinoisfoia.org/opinions/letter-87334/#issue-1"
     }
    ]
   },
   {
    "text": "The public body allowed recording, and the requester does not show any interference.",
    "why": "Allowing recording, without interference, does not violate the Act, which guarantees the right subject to reasonable rules.",
    "decisions": [
     {
      "title": "A county board's allowance of public recording of meetings",
      "url": "https://illinoisfoia.org/opinions/letter-64702/#issue-1"
     }
    ]
   },
   {
    "text": "The body asked the person to move a recording device to accommodate others, and the allegation of restricted recording is uncorroborated.",
    "why": "A request to relocate equipment that does not preclude the public's right to record, especially when uncorroborated, does not establish a violation.",
    "decisions": [
     {
      "title": "Restriction of recording location at a school board meeting",
      "url": "https://illinoisfoia.org/opinions/letter-42572/#issue-1"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "State that the public body has not adopted any rules on recording as required by section 2..05, and cite the determination finding that this alone is a violation.",
    "why": "",
    "decisions": [
     {
      "title": "Restriction of recording location at a school board meeting",
      "url": "https://illinoisfoia.org/opinions/letter-42572/#issue-2"
     }
    ]
   },
   {
    "text": "If officials made comments that discouragd you from recording, describe the exact words and explain that this interferes with the statutory right even without formal action.",
    "why": "",
    "decisions": [
     {
      "title": "A public body's interference with recording an open meeting",
      "url": "https://illinoisfoia.org/opinions/letter-83040/#issue-1"
     }
    ]
   },
   {
    "text": "When the body interfered with your recording and no reasonable recording rules were in place, assert that this violates the Open Meetings Act.",
    "why": "",
    "decisions": [
     {
      "title": "Recording an open meeting of a village board",
      "url": "https://illinoisfoia.org/opinions/letter-79291/#issue-1"
     }
    ]
   },
   {
    "text": "Remind the public body that the Public Access Bureau has recommend ensuring security personnel are aware of the right to record open meetings.",
    "why": "",
    "decisions": [
     {
      "title": "Denial of entry to an open meeting",
      "url": "https://illinoisfoia.org/opinions/letter-80495/#issue-3"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "Whether the public body has adopted any rules governing the recording of open meetings.",
   "The exact language or conduct of officials that dissuaded recording.",
   "Whether the event was an open meeting of a public body under the Open Meetings Act or some other proceeding.",
   "Any documentation or witnesses that corroborate interference or the lack of recording rules."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that the recording right applies to any hearing, not just an open meeting of a public body under OMA.",
    "why": "",
    "decisions": [
     {
      "title": "Recording of a coal mine permit hearing",
      "url": "https://illinoisfoia.org/opinions/letter-87334/#issue-1"
     }
    ]
   },
   {
    "text": "Thinking that any request to relocate a recording device automatically violates the right to record.",
    "why": "",
    "decisions": [
     {
      "title": "Restriction of recording location at a school board meeting",
      "url": "https://illinoisfoia.org/opinions/letter-42572/#issue-1"
     }
    ]
   },
   {
    "text": "Failing to first verify whether the body has prescribed any recording rules before claiming interference.",
    "why": "",
    "decisions": [
     {
      "title": "Recording an open meeting of a village board",
      "url": "https://illinoisfoia.org/opinions/letter-79291/#issue-1"
     },
     {
      "title": "Restriction of recording location at a school board meeting",
      "url": "https://illinoisfoia.org/opinions/letter-42572/#issue-2"
     }
    ]
   },
   {
    "text": "Believing that public bodies must allow recording without any rules—the Act permits recording subject to reasonable rules.",
    "why": "",
    "decisions": [
     {
      "title": "A county board's allowance of public recording of meetings",
      "url": "https://illinoisfoia.org/opinions/letter-64702/#issue-1"
     }
    ]
   }
  ],
  "caution": "These determination letters are non-binding and fact-specific; always verify the full PDF for context and details."
 },
 "issues": [
  {
   "issue": "Recording prohibition at public hearing",
   "outcome": "no_determination",
   "rule": "OMA recording rights apply only to meetings of a public body; the hearing was governed by administrative code, not OMA.",
   "decision": {
    "title": "Recording of a coal mine permit hearing",
    "date": "2025-06-26",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-87334/"
   },
   "authorities": [
    {
     "text": "Nabhani v. Coglianese, 552 F. Supp. 657, 661 (N.D. Ill. 1982)",
     "url": null
    }
   ]
  },
  {
   "issue": "Interference with right to record open meeting",
   "outcome": "violation_found",
   "rule": "A public body violates OMA when its officials' comments dissuade a person from recording an open meeting, even without formal action prohibiting recording.",
   "decision": {
    "title": "A public body's interference with recording an open meeting",
    "date": "2024-10-10",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-83040/"
   },
   "authorities": []
  },
  {
   "issue": "Recommendation on ISP awareness of recording rights",
   "outcome": "no_determination",
   "rule": "The PAC recommended that the Board ensure ISP security personnel are aware of the statutory right to record open meetings.",
   "decision": {
    "title": "Denial of entry to an open meeting",
    "date": "2024-05-08",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-80495/"
   },
   "authorities": []
  },
  {
   "issue": "Interference with right to record meeting",
   "outcome": "violation_found",
   "rule": "A public body violates OMA when it interferes with a person's statutory right to record an open meeting absent reasonable rules restricting that right.",
   "decision": {
    "title": "Recording an open meeting of a village board",
    "date": "2024-04-26",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-79291/"
   },
   "authorities": []
  },
  {
   "issue": "Recording of open meeting by public",
   "outcome": "no_violation",
   "rule": "Any person may record an open meeting, subject to reasonable rules; the Board did not violate OMA by allowing recording.",
   "decision": {
    "title": "A county board's allowance of public recording of meetings",
    "date": "2020-10-26",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-64702/"
   },
   "authorities": [
    {
     "text": "Southern Illinoisan v. Illinois Department of Public Health, 218 Ill. 2d 390, 415, 844 N.E.2d 1, 14 (2006)",
     "url": null
    },
    {
     "text": "Citizens Opposing Pollution v. ExxonMobil Coal U.S.A., 2012 IL 111286, ¶ 23, 962 N.E.2d 956, 964 (2012)",
     "url": null
    }
   ]
  },
  {
   "issue": "Restricted recording area at meeting",
   "outcome": "no_violation",
   "rule": "The Board's request to move a recording device to accommodate others did not preclude the public's right to record, and the allegation of restricted recording was uncorroborated.",
   "decision": {
    "title": "Restriction of recording location at a school board meeting",
    "date": "2016-08-18",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-42572/"
   },
   "authorities": []
  },
  {
   "issue": "Failure to prescribe reasonable recording rules",
   "outcome": "violation_found",
   "rule": "Section 2.05 requires public bodies to prescribe reasonable rules governing the public's right to record meetings; the Board did not provide any rules.",
   "decision": {
    "title": "Restriction of recording location at a school board meeting",
    "date": "2016-08-18",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-42572/"
   },
   "authorities": []
  }
 ]
}