Office of the
Illinois Attorney General
Kwame Raoul

Illinois Attorney General Photo

Honest and Open Government

Non-Binding Determination Letters-OMA

In addition to issuing binding opinions, PAC resolves thousands of matters each year through mediation and non-binding determination letters. Below are illustrative examples of some of PAC's non-binding determination letters; additional past and present determination letters will be posted to this page from time to time.

1 – Public policy

1.02 – Definitions

Definition of "meeting"
Meaning of "public business"
Exclusion of purely social gatherings
Exclusion of purely political gatherings
Meetings via electronic means
Definition of "public body"
Committees and subcommittees
Advisory bodies
Subsidiary bodies

1.05 – Training

2(a) – Duty to hold open meetings

2(c) – Exceptions to open meeting requirement

2(c)(1) - Specific: employees, volunteers, independent contractors, legal counsel
2(c)(2) - Collective negotiating matters, salary schedule deliberations
2(c)(3) - Appointment, performance, and removal of public officials, when public body has necessary power
2(c)(4) - Evidence presented to quasi-adjudicative body
2(c)(5) - Purchase or lease of real property for use by public body
2(c)(6) - Setting price for sale or lease of property owned by public body
2(c)(8) - School building safety and security
2(c)(9) - Student disciplinary cases
2(c)(10) - Placement of individual students in special education programs and other individual student matters
2(c)(11) - Litigation
Meaning of "probable or imminent"
Scope - strategies, posture, theories, consequences of the litigation itself
2(c)(15) - Professional ethics or performance for advisory body appointed to advise a licensing or regulatory agency
2(c)(16) - Self-evaluation, practices and procedures, or professional ethics, when meeting with representative of state or regional association
2(c)(21) - Closed session minutes for approval or periodic review
2(c)(23) - Operation of municipal: utility, power agency, or natural gas agency
2(c)(29) - Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents

2(d) – Definitions

2(e) – Final action

2.01 – Meeting times and places

2.02 – Notice and agenda

2.02(a) - Posting annual schedule of regular meetings
2.02(a) - Posting agendas for regular and special meetings, contents of discussion
2.02(a) - Emergency meetings
2.02(b) - Posting notices and supplying copies to news mediums
2.02(c) - Duty to list general subject matter of final action on agenda
2.02(c) - Duty to make notice and agenda continuously available

2.03 – Changing schedule of regular meetings

2.05 – Right to record meetings

2.06 – Minutes, closed session verbatim recordings, and public comment

2.06(a) - Duty to keep minutes and make verbatim recordings of closed sessions; contents of minutes
2.06(b) - Approving minutes and making them publicly available
2.06(c) - Destruction of closed session verbatim recordings
2.06(d) - Periodic review of closed session minutes
2.06(e) - Access to closed session verbatim recordings
2.06(f) - Access to closed session minutes
2.06(g) - Public comment
Reasonable rules
Unreasonable rules
Interruptions
Maintaining order and decorum

2a – Closed session procedure

3.5 – Request for Review procedure

7 – Remote attendance

7(a), 7(b), 7(c) - Requirements and procedures to allow member of public body to attend meeting remotely
7(e) - Requirements and procedures for meeting without quorum physically present during COVID-19 pandemic and other disaster declarations

7.3 – Illinois Municipal Retirement Fund (IMRF) compensation postings