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Public Access Opinion 12-011

Discussions of budgetary concerns should have been held in open session

Administrator Contracts
Case: Public Access Opinion 12-011
Date: Wednesday, July 11, 2012

5 ILCS 120/2(c)(1) is not intended to allow closed session discussion of fiscal matters, notwithstanding that they may directly or indirectly impact the employees of the public body. The facts in this opinion involved discussions in closed session that centered on broader budgetary concerns, such as staffing needs, how staff reductions would affect the services provided by the public body, and which services were most valuable to the public body’s residents. While the discussions of budgetary concerns did lead to discussions that are allowed under 5 ILCS 120/2(c)(1), they should have been held in open session.