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Illinois FOIA & OMA Reference

OMA section 7(e)

OMA

5 ILCS 120/7(e). Section 7 overview: Lets a member who can't physically attend (illness, work travel, family emergency, unexpected childcare, or active military duty) participate remotely by phone or video, but only if a quorum is still physically present and the body votes to allow it.

7 issues across 5 determination letters:5 violation found · 2 no violation.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

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 Determination letters are not binding precedent and this is not legal advice.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

  • A public body held a remote meeting without a qualifying disaster declaration from the Governor or IDPH Director. Section 7(e) only permits remote meetings when such a declaration exists. The PAC found a violation when a body met remotely without one.Based on: 2026 · A village board's fully remote me…
  • The head of the public body did not determine that an in-person meeting was not practical or prudent before holding a remote meeting. A remote meeting requires that determination. The PAC found a violation when it was absent.Based on: 2022 · Closed-session minutes and remote…
  • The notice for a remote meeting lacked instructions for public access, such as a telephone number or web link. The PAC requires remote open meeting notices to include these alternative arrangements.Based on: 2022 · Closed-session minutes and remote…
  • 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. The PAC found a violation when a remote meeting failed to conduct a roll call vote for a closed session.Based on: 2022 · Closed-session minutes and remote…
  • 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. The PAC requires that statement for such meetings.Based on: 2021 · A school board's emergency meetin…

When the public body usually wins

  • 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. The PAC has held that OMA does not require remote access for in-person meetings under those circumstances.Based on: 2023 · Virtual meeting registration and …
  • A requester challenges the substance or sufficiency of a public body head's determination that an in-person meeting is not practical or prudent. The PAC states that section 7(e)(2) gives the body discretion and provides no criteria for PAC review of that determination.Based on: 2022 · A school board's remote special m…

Points to put in your letter

  • 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.Based on: 2026 · A village board's fully remote me…
  • 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.Based on: 2022 · Closed-session minutes and remote…
  • 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.Based on: 2022 · Closed-session minutes and remote…
  • 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.Based on: 2021 · A school board's emergency meetin…
  • 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.Based on: 2022 · Closed-session minutes and remote…

Common mistakes

Facts to gather first

  • 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).

These determination letters are non-binding and fact-specific; always verify the full decision PDF and consider seeking legal advice for your particular situation.

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-7-e.json.

Violation found (5)

No violation (2)