OMA section 2(c)(1)
OMAEmployee/contractor appointment, discipline, or performance
5 ILCS 120/2(c)(1). Employee/contractor appointment, discipline, or performance
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28 issues across 21 determination letters:16 violation found · 11 no violation · 1 other.
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 Determination letters are not binding precedent.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
- Closed-session discussion of employee pay raises (Pub. Acc. Op. No. 16-013) cited 14 times
- Closed-session discussion of municipal budgetary matters (Pub. Acc. Op. No. 12-011) cited 11 times
- Ill. Att'y Gen. PAC Req. Rev. Ltr. 12658 cited 8 times
- A finance committee's closed meeting on a hiring freeze (Pub. Acc. Op. No. 15-007) cited 5 times
- Closed-session discussion of a board member's conduct (Pub. Acc. Op. No. 17-013) cited 3 times
- Closed-session discussion of budget and layoff decisions (Pub. Acc. Op. No. 18-012) cited 3 times
- 1974 Ill. Att'y Gen. Op. No. S-726 cited 3 times
- Closed-session discussion of a police services contract (Pub. Acc. Op. No. 15-005) 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 Determination letters are not binding precedent and this is not legal advice.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 closed session involved discussion of elected or appointed public officials, not specific employees. Section 2(c)(1) only covers the appointment, employment, compensation, discipline, performance, or dismissal of specific employees. Elected officials and public officers are not employees under this exception.Based on: 2024 · Closed-session discussion of fina… · 2023 · A board of ethics' closed-session… · 2019 · Closed-session discussion of boar…
- The discussion concerned across-the-board pay, structural staffing changes, or general employment policies rather than individual employees. The exception is strictly limited to specific individuals; it does not authorize closed sessions on salary schedules applicable to groups, creation of positions, or broad policy matters.Based on: 2025 · Closed-session discussion of pay … · 2022 · Closed-session discussion of wate… · 2022 · A school board's closed-session d…
- The body discussed a plan, project, or policy without directly addressing the performance or merits of a specific employee. Mere connection to an employee's output is not enough; the discussion must center on the employee's own conduct or performance, not general work product or policy implications.Based on: 2019 · Closed-session discussion of an e… · 2019 · Closed-session discussion of boar… · 2026 · Closed-session discussion of an a…
When the public body usually wins
- The closed session dealt with the employment, compensation, discipline, or performance of a specific, named employee. The plain language of the exception permits closed discussion of these topics when they relate to a specific individual.Based on: 2022 · Closed-session discussion of wate… · 2019 · Closed-session discussion of boar… · 2017 · Emergency board meeting on person…
- The discussion touched on other matters but was directly relevant to and intertwined with a specific employee's employment decision. If the non-employee topic provides necessary context for evaluating a specific employee's performance, compensation, or discipline, the entire discussion may still fall within the exception.Based on: 2024 · A board's vote on undisclosed cen… · 2022 · Closed-session discussion of pers… · 2017 · Closed-session termination of an …
- The public body cited the exception and the substance of the closed session remained within the bounds of discussing specific employee matters and collective bargaining. A closed session does not violate the exception when the actual discussion is narrowly focused on specific employees and authorized labor negotiations.Based on: 2024 · Closed-session discussions of sch… · 2024 · Closed-session discussions of sch…
Points to put in your letter
- Point out that the discussion involved elected officials, not employees, and section 2(c)(1) does not cover them.Based on: 2024 · Closed-session discussion of fina… · 2023 · A board of ethics' closed-session… · 2022 · Closed-session discussion of a ma…
- Explain that across-the-board pay, staffing plans, or policy changes exceed the exception because they are not about specific individuals.Based on: 2025 · Closed-session discussion of pay … · 2022 · Closed-session discussion of wate… · 2023 · A school board's closed-session d…
- Argue that a general discussion prompted by an employee issue is only permitted if it directly addresses that specific employee's performance or merits, not broader implications.Based on: 2023 · A school board's closed-session d… · 2019 · Closed-session discussion of boar… · 2024 · Closed-session discussion of a vo…
Common mistakes
- Assuming any mention of personnel matters justifies closed session, without confirming the discussion focused on specific employees and their performance.Based on: 2022 · A school board's closed-session d… · 2024 · Closed-session discussion of a vo…
- Believing elected officials are treated as employees or volunteers under section 2(c)(1).Based on: 2024 · Closed-session discussion of fina… · 2024 · A board's vote on undisclosed cen…
- Thinking across-the-board salary or budget discussions are permissible if they relate to employment topics.Based on: 2025 · Closed-session discussion of pay … · 2022 · Closed-session discussion of wate…
Facts to gather first
- The names or positions of the people discussed (e.g., board members, elected officials, groups of employees).
- Meeting minutes, agenda, or recording indicating whether the closed session topic was general policy, budget, or structural changes.
- Witness accounts or contemporaneous notes showing the discussion extended beyond a specific individual's employment matters.
These notes are based on specific, non-binding determination letters; outcomes depend on the particular facts, and you should verify the full text of each 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-c-1.json.
Violation found (16)
Closed session discussion of advisory opinion under 2(c)(1)
Rule: Section 2(c)(1) permits closed session only for discussion of specific employees' employment or performance, not general advisory opinions about hypothetical conduct.
Violation found Closed-session discussion of an advisory opinion · January 2, 2026
Closed session discussion of across-the-board pay raises
Rule: Section 2(c)(1) does not authorize closed session discussions of salaries and benefits broadly applicable to groups of employees; discussions must be limited to specific individuals.
Violation found Closed-session discussion of pay raises and construction bids · August 6, 2025
Closed session discussion under section 2(c)(1)
Rule: Section 2(c)(1) is limited to specific employees and specified contractors, volunteers, and legal counsel; it does not cover elected officials.
Violation found Closed-session discussion of financial statements, transit cards, and newsletters · September 18, 2024
Scope of section 2(c)(1) exception
Rule: The section 2(c)(1) exception is strictly construed and does not authorize discussion of general employment matters or FOIA procedures unrelated to specific individuals.
Violation found Closed-session discussion of a volunteer's performance and FOIA strategy · January 12, 2024
Closed session under 2(c)(1) for elected official
Rule: Section 2(c)(1) permits closed discussion of specific employees, not elected officials, so its use to discuss a query report about an elected official was improper.
Violation found A board of ethics' closed-session discussion of a query report · August 10, 2023
Closed session discussion exceeded personnel exception scope
Rule: Closed session discussion of specific employees' conduct and performance is authorized, but straying to broader matters involving all teachers and curriculum policy exceeds the exception.
Violation found A school board's closed-session discussion of a book removal policy · March 24, 2023
Closed session discussion exceeded scope of exceptions
Rule: Section 2(c)(1) only permits closed session discussion of specific employees' merits or conduct, not general discussions about categories of employees or broader concerns.
Violation found A school board's closed-session discussions and failure to review minutes · April 14, 2022
Failure to comply with closed session procedures for hiring attorney
Rule: A public body may discuss hiring an attorney in closed session only if it complies with the statutory procedure for entering closed session.
Violation found A board's closed-session discussion of policy recommendations · January 19, 2022
Closed session discussion of mayor and liquor commissioner
Rule: The mayor and liquor commissioner are public officers, not employees, so their compensation and performance could not be discussed under the employee exception.
Violation found Closed-session discussion of a mayor's salary · April 29, 2022
Closed session discussion of budgetary matters
Rule: Budgetary discussions not centered on specific employees' merits or conduct are not authorized under the specific employee exception.
Violation found Closed-session discussion of water rates and tax levies · November 18, 2022
Closed session discussion of structural employment matters
Rule: The specific employee exception applies only to specific people, not to structural employment matters like creating new positions.
Violation found Closed-session discussion of water rates and tax levies · November 18, 2022
Closed session discussion of Board member conduct and performance
Rule: Board members are not employees under section 2(c)(1), and section 2(c)(3) did not apply because the Board lacked removal power and did not cite it.
Violation found Closed-session discussion of board member conduct and policy changes · April 29, 2019
Closed session discussion of suggested policy change
Rule: Discussion of a policy change is not authorized by the section 2(c)(1) exception for personnel matters.
Violation found Closed-session discussion of board member conduct and policy changes · April 29, 2019
Closed session discussion of board member award nomination
Rule: Section 2(c)(1) is strictly construed and does not permit closed session discussion of elected officials, who are not employees.
Violation found A village board's closed-session discussion of personnel matters · May 6, 2019
Improper closed session discussion under section 2(c)(1)
Rule: Section 2(c)(1) does not authorize closed session discussion of plans or projects produced by employees unless directly addressing specific employees' performance or merits.
Violation found Closed-session discussion of an executive director succession plan · May 31, 2019
Closed session discussion of retiring employee and position staffing
Rule: Section 2(c)(1) permits discussion of specific employees but not general budgetary matters or staffing of a position.
Violation found A school board's closed-session discussion of staffing strategy · November 9, 2018
No violation (11)
Closed session discussion of trustee conduct under 2(c)(1)
Rule: Discussion of a trustee's conduct was intertwined with and directly relevant to the Board's consideration of the College President's employment, so it fell within the 2(c)(1) exception.
No violation A board's vote on undisclosed censure motions · July 16, 2024
January 17, 2023 closed session discussion
Rule: Closed session discussions stayed within section 2(c)(1) and 2(c)(2) exceptions, focusing on specific employee matters and collective bargaining.
No violation Closed-session discussions of school closures and budget cuts · November 8, 2024
March 7, 2023 closed session discussion
Rule: Closed session discussions stayed within section 2(c)(1) and 2(c)(2) exceptions, focusing on specific employee matters and collective bargaining.
No violation Closed-session discussions of school closures and budget cuts · November 8, 2024
Closed session discussion of equipment purchase
Rule: Discussion of an equipment purchase was permissible because it was connected to and provided context for considering a specific employee's employment, performance, or compensation.
No violation Closed-session discussion of personnel matters · May 12, 2022
Closed session discussion of specific employees
Rule: Discussion of specific employees' compensation and relative merits of named candidates is authorized under the specific employee exception.
No violation Closed-session discussion of water rates and tax levies · November 18, 2022
Closed session discussion of employee performance
Rule: Section 2(c)(1) permits closed session discussion of the performance of specific employees, including critiques of their exercise of judgment.
No violation Closed-session discussion of board member conduct and policy changes · April 29, 2019
Closed session discussion under section 2(c)(1) personnel exception
Rule: The Commission did not discuss personnel issues involving specific employees in closed session, so the section 2(c)(1) exception was not improperly invoked.
No violation Closed-session discussion of non-litigation matters · October 5, 2018
Closed session discussion of retiree health insurance benefits
Rule: Discussion of a former employee's compensation under an employment agreement is within the section 2(c)(1) exception.
No violation A school board's closed-session discussion of staffing strategy · November 9, 2018
Closed session discussions exceeded scope of cited exception
Rule: Closed session discussions of employee's conduct related to outside association were within scope because they impacted her public employment.
No violation Closed-session termination of an employee · November 28, 2017
Closed session under section 2(c)(1)
Rule: A public body may close a meeting to discuss the appointment, employment, compensation, discipline, performance, or dismissal of specific employees.
No violation Emergency board meeting on personnel and litigation · July 14, 2017
Requirement to state specific subject matter of closed session
Rule: OMA requires citation to a specific exception but does not require the public body to articulate the specific subject matter of its closed session.
No violation A school board's public comment restrictions and closed-session justification · December 12, 2016
Other (1)
Trustees are not volunteers under 2(c)(1)
Rule: Elected officials are not 'volunteers' for purposes of section 2(c)(1); closed session discussions of their conduct must fall under section 2(c)(3).
Other A board's vote on undisclosed censure motions · July 16, 2024