{
 "topic": "OMA section 2(c)(4) - Evidence to a quasi-adjudicative body",
 "statute": "5 ILCS 120/2(c)(4)",
 "family": "Closed meetings and exceptions",
 "page": "https://illinoisfoia.org/issues/oma-2-c-4/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 3,
  "no_violation": 3,
  "no_determination": 0,
  "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": "The closed session was used to discuss general opinions, recommendations, or an advisory opinion, not specific evidence or testimony from a quasi-adjudicative hearing.",
    "why": "The Bureau found that section 2(c)(4) requires actual evidence or testimony presented at a hearing; general opinions and advisory opinions fall outside the exception.",
    "decisions": [
     {
      "title": "Closed-session discussion of financial statements, transit cards, and newsletters",
      "url": "https://illinoisfoia.org/opinions/letter-72604/#issue-2"
     },
     {
      "title": "A board of ethics' closed-session discussion of a query report",
      "url": "https://illinoisfoia.org/opinions/letter-74629/#issue-2"
     }
    ]
   },
   {
    "text": "The session involved a general enforcement policy decision rather than deliberation on evidence from a pending quasi-adjudicative matter.",
    "why": "Section 2(c)(4) does not extend to general policy discussions; it is limited to evidence or testimony in a hearing.",
    "decisions": [
     {
      "title": "Closed-session discussion of audit status and rule changes",
      "url": "https://illinoisfoia.org/opinions/letter-75164/#issue-3"
     }
    ]
   },
   {
    "text": "No written decision containing determinative reasoning was issued after the closed session.",
    "why": "The exception explicitly requires the body to make available a written decision with reasoning; without it, the closed session is not authorized under 2(c)(4).",
    "decisions": [
     {
      "title": "Closed-session discussion of financial statements, transit cards, and newsletters",
      "url": "https://illinoisfoia.org/opinions/letter-72604/#issue-2"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The body is quasi-adjudicative, deliberated on evidence or testimony from a hearing (open or closed, where authorized by law), and published a written decision with determinative reasoning.",
    "why": "The Bureau found no violation when a board followed this process, including closed-session consideration of evidence from a closed hearing specifically allowed by law, and issued written decisions.",
    "decisions": [
     {
      "title": "Closed-session discussion of ethics complaint jurisdiction",
      "url": "https://illinoisfoia.org/opinions/letter-62578/#issue-1"
     },
     {
      "title": "Closed-session discussion of ethics complaint jurisdiction",
      "url": "https://illinoisfoia.org/opinions/letter-62578/#issue-2"
     },
     {
      "title": "Closed-session discussion of ethics complaint jurisdiction",
      "url": "https://illinoisfoia.org/opinions/letter-62578/#issue-3"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "Demand to see the written decision with determinative reasoning. Section 2(c)(4) only permits a closed session if the body later issues such a decision.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of financial statements, transit cards, and newsletters",
      "url": "https://illinoisfoia.org/opinions/letter-72604/#issue-2"
     }
    ]
   },
   {
    "text": "Argue that the discussion was about general policy, recommendations, or an advisory opinion, not evidence from a quasi-adjudicative hearing. The exception is strictly tied to evidence or testimony presented at a hearing.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of audit status and rule changes",
      "url": "https://illinoisfoia.org/opinions/letter-75164/#issue-3"
     },
     {
      "title": "A board of ethics' closed-session discussion of a query report",
      "url": "https://illinoisfoia.org/opinions/letter-74629/#issue-2"
     },
     {
      "title": "Closed-session discussion of financial statements, transit cards, and newsletters",
      "url": "https://illinoisfoia.org/opinions/letter-72604/#issue-2"
     }
    ]
   },
   {
    "text": "Point out that no quasi-adjudicative hearing was held; without a hearing, there is no evidence or testimony that could be considered under 2(c)(4).",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of audit status and rule changes",
      "url": "https://illinoisfoia.org/opinions/letter-75164/#issue-3"
     },
     {
      "title": "A board of ethics' closed-session discussion of a query report",
      "url": "https://illinoisfoia.org/opinions/letter-74629/#issue-2"
     }
    ]
   },
   {
    "text": "If the body claims the hearing was closed, require citation to the specific legal authority that authorized that closed hearing. The exception only covers evidence from a closed hearing when specifically authorized by law.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of ethics complaint jurisdiction",
      "url": "https://illinoisfoia.org/opinions/letter-62578/#issue-2"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "Whether a quasi-adjudicative hearing took place and evidence or testimony was presented at it.",
   "The agenda or minutes of the closed session to identify the actual topic and whether it involved evidence deliberation or general policy/advisory opinions.",
   "Existence and availability of a written decision with determinative reasoning from the body.",
   "Any record of the specific legal authority the body relied on if it claims the hearing was closed."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that any mention of 'evidence' in a closed session automatically satisfies 2(c)(4), without checking that it came from a quasi-adjudicative hearing.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of audit status and rule changes",
      "url": "https://illinoisfoia.org/opinions/letter-75164/#issue-3"
     },
     {
      "title": "Closed-session discussion of financial statements, transit cards, and newsletters",
      "url": "https://illinoisfoia.org/opinions/letter-72604/#issue-2"
     }
    ]
   },
   {
    "text": "Accepting the public body's denial without demanding the written decision with determinative reasoning that the exception requires.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session discussion of financial statements, transit cards, and newsletters",
      "url": "https://illinoisfoia.org/opinions/letter-72604/#issue-2"
     }
    ]
   },
   {
    "text": "Treating an advisory opinion or policy discussion as the equivalent of a quasi-adjudicative hearing, which section 2(c)(4) does not protect.",
    "why": "",
    "decisions": [
     {
      "title": "A board of ethics' closed-session discussion of a query report",
      "url": "https://illinoisfoia.org/opinions/letter-74629/#issue-2"
     }
    ]
   }
  ],
  "caution": "These determination letters are non-binding and outcomes turn on specific facts; always verify the full text of the PDF decisions before relying on them."
 },
 "issues": [
  {
   "issue": "Closed session discussion under section 2(c)(4)",
   "outcome": "violation_found",
   "rule": "Section 2(c)(4) requires evidence or testimony presented in a hearing and a written decision with determinative reasoning; general opinions and recommendations do not qualify.",
   "decision": {
    "title": "Closed-session discussion of financial statements, transit cards, and newsletters",
    "date": "2024-09-18",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-72604/"
   },
   "authorities": []
  },
  {
   "issue": "June 2, 2022 closed session enforcement policy discussion",
   "outcome": "violation_found",
   "rule": "Section 2(c)(4) applies only when a quasi-adjudicative body considers evidence or testimony presented at a hearing, not a general enforcement policy decision.",
   "decision": {
    "title": "Closed-session discussion of audit status and rule changes",
    "date": "2023-10-03",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-75164/"
   },
   "authorities": []
  },
  {
   "issue": "Closed session under 2(c)(4) for advisory opinion",
   "outcome": "violation_found",
   "rule": "Section 2(c)(4) allows closed discussion of evidence or testimony from a quasi-adjudicative hearing, but an advisory opinion is not such a hearing, so the discussion was beyond its scope.",
   "decision": {
    "title": "A board of ethics' closed-session discussion of a query report",
    "date": "2023-08-10",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-74629/"
   },
   "authorities": []
  },
  {
   "issue": "Closed session under 2(c)(4) for evidence or testimony",
   "outcome": "no_violation",
   "rule": "A quasi-adjudicative body may consider evidence or testimony in closed session if it later makes available a written decision with determinative reasoning.",
   "decision": {
    "title": "Closed-session discussion of ethics complaint jurisdiction",
    "date": "2020-07-23",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-62578/"
   },
   "authorities": [
    {
     "text": "Gosnell v. Hogan, 179 Ill. App. 3d 161, 171 (5th Dist. 1989)",
     "url": "https://illinoisfoia.org/cases/pre1996-128527/"
    },
    {
     "text": "Henry v. Anderson, 356 Ill. App. 3d 952, 996-97 (4th. Dist. 2005)",
     "url": null
    }
   ]
  },
  {
   "issue": "Consideration of advisory reports not presented in open hearing",
   "outcome": "no_violation",
   "rule": "Section 2(c)(4) allows closed session consideration of evidence or testimony presented in closed hearing where specifically authorized by law.",
   "decision": {
    "title": "Closed-session discussion of ethics complaint jurisdiction",
    "date": "2020-07-23",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-62578/"
   },
   "authorities": []
  },
  {
   "issue": "Written decision requirement for closed session under 2(c)(4)",
   "outcome": "no_violation",
   "rule": "The Board issued written decisions for two complaints and will issue one for the third, satisfying the determinative reasoning requirement.",
   "decision": {
    "title": "Closed-session discussion of ethics complaint jurisdiction",
    "date": "2020-07-23",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-62578/"
   },
   "authorities": []
  }
 ]
}