{
 "topic": "OMA section 7(e)",
 "statute": "5 ILCS 120/7(e)",
 "family": "Remote attendance",
 "page": "https://illinoisfoia.org/issues/oma-7-e/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 5,
  "no_violation": 2,
  "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": "A public body held a remote meeting without a qualifying disaster declaration from the Governor or IDPH Director.",
    "why": "Section 7(e) only permits remote meetings when such a declaration exists. The PAC found a violation when a body met remotely without one.",
    "decisions": [
     {
      "title": "A village board's fully remote meetings",
      "url": "https://illinoisfoia.org/opinions/letter-91361/#issue-2"
     }
    ]
   },
   {
    "text": "The head of the public body did not determine that an in-person meeting was not practical or prudent before holding a remote meeting.",
    "why": "A remote meeting requires that determination. The PAC found a violation when it was absent.",
    "decisions": [
     {
      "title": "Closed-session minutes and remote meeting notice",
      "url": "https://illinoisfoia.org/opinions/letter-69228/#issue-1"
     }
    ]
   },
   {
    "text": "The notice for a remote meeting lacked instructions for public access, such as a telephone number or web link.",
    "why": "The PAC requires remote open meeting notices to include these alternative arrangements.",
    "decisions": [
     {
      "title": "Closed-session minutes and remote meeting notice",
      "url": "https://illinoisfoia.org/opinions/letter-69228/#issue-2"
     }
    ]
   },
   {
    "text": "During a remote meeting, votes (including in closed session) were not taken by roll call, so individual members' votes could not be identified and recorded.",
    "why": "The PAC found a violation when a remote meeting failed to conduct a roll call vote for a closed session.",
    "decisions": [
     {
      "title": "Closed-session minutes and remote meeting notice",
      "url": "https://illinoisfoia.org/opinions/letter-69228/#issue-4"
     }
    ]
   },
   {
    "text": "A remote emergency meeting was called with less than 48 hours' notice and the presiding officer did not state the nature of the bona fide emergency at the beginning.",
    "why": "The PAC requires that statement for such meetings.",
    "decisions": [
     {
      "title": "A school board's emergency meeting notice and closed-session discussions",
      "url": "https://illinoisfoia.org/opinions/letter-65418/#issue-2"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "A requester insists on remote public attendance when the public body is meeting in person with a physical quorum, and no public health disaster declaration is in effect.",
    "why": "The PAC has held that OMA does not require remote access for in-person meetings under those circumstances.",
    "decisions": [
     {
      "title": "Virtual meeting registration and public comment rules",
      "url": "https://illinoisfoia.org/opinions/letter-77875/#issue-3"
     }
    ]
   },
   {
    "text": "A requester challenges the substance or sufficiency of a public body head's determination that an in-person meeting is not practical or prudent.",
    "why": "The PAC states that section 7(e)(2) gives the body discretion and provides no criteria for PAC review of that determination.",
    "decisions": [
     {
      "title": "A school board's remote special meeting",
      "url": "https://illinoisfoia.org/opinions/letter-70010/#issue-2"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "If a public body held a remote meeting, first check whether a disaster declaration from the Governor or IDPH Director was in effect. If not, state that the meeting violated OMA and cite D1507.2.",
    "why": "",
    "decisions": [
     {
      "title": "A village board's fully remote meetings",
      "url": "https://illinoisfoia.org/opinions/letter-91361/#issue-2"
     }
    ]
   },
   {
    "text": "Examine the meeting notice. If it does not provide a telephone number or web link for remote public access, point out that D1364.2 requires such alternative arrangements.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session minutes and remote meeting notice",
      "url": "https://illinoisfoia.org/opinions/letter-69228/#issue-2"
     }
    ]
   },
   {
    "text": "For any remote meeting where votes were taken, request the minutes and check whether they record a roll call for each vote. If not, argue the vote was invalid under D1364.4.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session minutes and remote meeting notice",
      "url": "https://illinoisfoia.org/opinions/letter-69228/#issue-4"
     }
    ]
   },
   {
    "text": "If the body held a remote emergency meeting on short notice, ask whether the presiding officer stated the nature of the emergency at the start. If they did not, cite D1344.2.",
    "why": "",
    "decisions": [
     {
      "title": "A school board's emergency meeting notice and closed-session discussions",
      "url": "https://illinoisfoia.org/opinions/letter-65418/#issue-2"
     }
    ]
   },
   {
    "text": "When disputing a remote meeting, ask the body to produce the written determination by its head that an in-person meeting was not practical or prudent. If none exists, cite D1364.1.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session minutes and remote meeting notice",
      "url": "https://illinoisfoia.org/opinions/letter-69228/#issue-1"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "Whether a disaster declaration by the Governor or IDPH Director was in effect at the time of the remote meeting (D1507.2, D1436.3).",
   "A copy of the meeting notice, showing whether it included remote access instructions like a phone number or web link (D1364.2).",
   "Meeting minutes or a recording that demonstrates how votes were taken, especially whether each member's vote was identified by roll call (D1364.4).",
   "A recording or transcript of the start of a remote emergency meeting held with less than 48 hours' notice, to verify whether the presiding officer stated the nature of the emergency (D1344.2).",
   "Any written determination by the head of the public body that an in-person meeting was not practical or prudent (D1364.1)."
  ],
  "common_mistakes": [
   {
    "text": "Assuming that all remote meetings violate the Open Meetings Act without first checking whether a disaster declaration existed.",
    "why": "",
    "decisions": [
     {
      "title": "A village board's fully remote meetings",
      "url": "https://illinoisfoia.org/opinions/letter-91361/#issue-2"
     }
    ]
   },
   {
    "text": "Demanding remote access to an in-person meeting, believing OMA always guarantees a remote attendance option, even when no disaster declaration is in effect.",
    "why": "",
    "decisions": [
     {
      "title": "Virtual meeting registration and public comment rules",
      "url": "https://illinoisfoia.org/opinions/letter-77875/#issue-3"
     }
    ]
   },
   {
    "text": "Thinking the Public Access Bureau will review whether the head of the public body correctly decided that an in-person meeting was not practical or prudent.",
    "why": "",
    "decisions": [
     {
      "title": "A school board's remote special meeting",
      "url": "https://illinoisfoia.org/opinions/letter-70010/#issue-2"
     }
    ]
   },
   {
    "text": "Failing to confirm that the remote meeting notice included a telephone number or web link for access before concluding that the notice was procedurally adequate.",
    "why": "",
    "decisions": [
     {
      "title": "Closed-session minutes and remote meeting notice",
      "url": "https://illinoisfoia.org/opinions/letter-69228/#issue-2"
     }
    ]
   },
   {
    "text": "Overlooking the requirement that, for a remote emergency meeting with less than 48 hours' notice, the presiding officer must state the nature of the emergency at the beginning.",
    "why": "",
    "decisions": [
     {
      "title": "A school board's emergency meeting notice and closed-session discussions",
      "url": "https://illinoisfoia.org/opinions/letter-65418/#issue-2"
     }
    ]
   }
  ],
  "caution": "These determination letters are non-binding and fact-specific; always verify the full decision PDF and consider seeking legal advice for your particular situation."
 },
 "issues": [
  {
   "issue": "Remote meetings under section 7(e) without disaster declaration",
   "outcome": "violation_found",
   "rule": "Section 7(e) permits remote meetings only if the Governor or Director of the Illinois Department of Public Health has issued a qualifying disaster declaration.",
   "decision": {
    "title": "A village board's fully remote meetings",
    "date": "2026-03-13",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-91361/"
   },
   "authorities": []
  },
  {
   "issue": "Remote public attendance not required for in-person meeting",
   "outcome": "no_violation",
   "rule": "OMA does not require a public body to allow remote public attendance when it meets in person with a physical quorum and no public health disaster declaration is in effect.",
   "decision": {
    "title": "Virtual meeting registration and public comment rules",
    "date": "2023-09-11",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-77875/"
   },
   "authorities": []
  },
  {
   "issue": "Remote meeting determination under section 7(e)(2)",
   "outcome": "no_violation",
   "rule": "Section 7(e)(2) gives public bodies discretion to determine an in-person meeting is not practical or prudent, without criteria for PAC review.",
   "decision": {
    "title": "A school board's remote special meeting",
    "date": "2022-03-15",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-70010/"
   },
   "authorities": []
  },
  {
   "issue": "Remote meeting without head's determination",
   "outcome": "violation_found",
   "rule": "A public body may conduct a remote meeting only if the head determines an in-person meeting is not practical or prudent due to a disaster.",
   "decision": {
    "title": "Closed-session minutes and remote meeting notice",
    "date": "2022-03-16",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-69228/"
   },
   "authorities": []
  },
  {
   "issue": "Remote meeting notice lacked access instructions",
   "outcome": "violation_found",
   "rule": "For remote open meetings, the public body must provide notice of alternative arrangements, such as a telephone number or web link, to allow public access.",
   "decision": {
    "title": "Closed-session minutes and remote meeting notice",
    "date": "2022-03-16",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-69228/"
   },
   "authorities": []
  },
  {
   "issue": "No roll call vote for closed session",
   "outcome": "violation_found",
   "rule": "For remote meetings, all votes must be conducted by roll call so each member's vote on each issue can be identified and recorded.",
   "decision": {
    "title": "Closed-session minutes and remote meeting notice",
    "date": "2022-03-16",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-69228/"
   },
   "authorities": []
  },
  {
   "issue": "Presiding officer failed to state nature of emergency",
   "outcome": "violation_found",
   "rule": "When a public body holds a remote emergency meeting with less than 48 hours' notice, the presiding officer must state the nature of the bona fide emergency at the beginning of the meeting.",
   "decision": {
    "title": "A school board's emergency meeting notice and closed-session discussions",
    "date": "2021-11-17",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-65418/"
   },
   "authorities": []
  }
 ]
}