OMA section 2.06(e)
OMAClosed-session recordings stay confidential
5 ILCS 120/2.06(e). Closed-session recordings stay confidential
5 issues across 3 determination letters:1 violation found · 4 no violation.
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 Determination letters are not binding precedent.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
- Access to closed session verbatim recordings (PAC Req. Rev. Ltr. 52345) cited 1 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 Determination letters are not binding precedent and this is not legal advice.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 public body removed closed session verbatim recordings from its main office without a vote or court order. Section 2.06(e) requires these materials to be kept at the main office unless removed by vote or court order. Removal without such authorization is a violation.Based on: 2018 · Maintenance and storage of open session minutes…
When the public body usually wins
- The public body imposes a reasonable delay in scheduling access to ensure an administrative official is present. Section 2.06(e) does not require immediate access; reasonable scheduling delays are permissible.Based on: 2019 · Access to closed session verbatim recordings · 2025 · Closed-session recordings for a trustee's review
- Public body personnel (e.g., IT staff, attorneys, superintendents) copy or temporarily remove recordings to facilitate a board member's access or to provide legal advice. The prohibition on copying or removing recordings applies to elected or appointed officials with access rights, not to personnel aiding access or legal review.Based on: 2019 · Access to closed session verbatim recordings · 2019 · Access to closed session verbatim recordings
- An IT employee, attorney, or superintendent has unsupervised access to recordings to assist a board member's request or secure legal advice. Section 2.06(e) does not restrict limited access by appropriate school personnel for such purposes.Based on: 2019 · Access to closed session verbatim recordings
Points to put in your letter
- If the delay in allowing you to review the recordings was extreme, argue that it effectively denied your right of access and violated section 2.06(e).Based on: 2025 · Closed-session recordings for a trustee's review
- If the recordings were moved from the main office without a vote or court order, state that this violates the requirement that closed session materials be kept at the main office.Based on: 2018 · Maintenance and storage of open session minutes…
- If the public body claims that staff handling of the recordings was improper, respond that section 2.06(e) permits appropriate personnel to copy or access recordings to facilitate access or provide legal advice.Based on: 2019 · Access to closed session verbatim recordings · 2019 · Access to closed session verbatim recordings
Common mistakes
- Assuming that any delay in providing access to closed session recordings automatically violates the OMA.Based on: 2025 · Closed-session recordings for a trustee's review · 2019 · Access to closed session verbatim recordings
- Believing that section 2.06(e) forbids all copying or removal of recordings by anyone, including staff, without a vote or court order.Based on: 2019 · Access to closed session verbatim recordings · 2019 · Access to closed session verbatim recordings
- Thinking that unsupervised access by an IT employee or attorney is always a violation, even when they are helping a board member or obtaining legal advice.Based on: 2019 · Access to closed session verbatim recordings
Facts to gather first
- The date of your access request and each response or delay from the public body.
- Where the verbatim recordings are kept—whether at the main office or elsewhere—and whether there was a vote or court order for any relocation.
- Who was involved in handling the recordings (e.g., an elected official or a staff member) and the stated purpose.
These notes are based on non-binding determination letters; outcomes depend on the specific facts; always verify the full decision PDF.
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-2-06-e.json.
Violation found (1)
Removal of closed session materials from main office
Rule: Closed session minutes and verbatim recordings must be kept at the main office unless removed by vote or court order.
Violation found Maintenance and storage of open session minutes and closed session recordings · March 28, 2018
No violation (4)
Access to closed session verbatim recordings under OMA section 2.06(e)
Rule: Section 2.06(e) does not require immediate access; a delay is not a violation unless it is so unreasonable that it effectively constitutes a denial.
No violation Closed-session recordings for a trustee's review · April 4, 2025
Board member's access to closed session recordings
Rule: Section 2.06(e) does not require immediate access; access must be granted in the presence of an administrative official, so reasonable scheduling delays are permissible.
No violation Access to closed session verbatim recordings · February 19, 2019
Copying or removing recordings without vote or court order
Rule: The prohibition on copying or removing recordings applies to elected or appointed officials with access rights, not to public body personnel facilitating access or legal review.
No violation Access to closed session verbatim recordings · February 19, 2019
Unsupervised access by IT employee, attorney, superintendent
Rule: Section 2.06(e) does not restrict limited access by appropriate school personnel to facilitate a board member's request or to secure legal advice.
No violation Access to closed session verbatim recordings · February 19, 2019