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Recent Court Decisions

Recent court and agency decisions involving board work

IASB's Office of General Counsel prepares summaries chosen from the Illinois Supreme and Appellate courts, federal court, agencies, the Illinois Public Access Counselor, and other tribunals issuing interesting decisions. Information in the summaries is limited to a brief synopsis and is not intended for purposes of legal advice. For the complete text of any case cited in this section, go to the Illinois state courts, Illinois Attorney General, or Federal courts finder links.

To search by the names of the plaintiff or defendant or other keyword, use the site search box located at the top of this website. Then filter results by Court Decision.

Questions regarding Recent Court and Agency Decisions should be directed to Maryam Brotine, ext. 1219, or by mbrotine@iasb.com.

Court decisions are listed in order of the date posted, with the most recent shown first.
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  • Open Meetings Act - OMA
    Whether a Leadership Team is A Public Body Subject to OMA
    Case: Non-Binding Opinion – 2019 PAC 58582
    Decision Date: Monday, December 16, 2024
    This non-binding opinion from the Illinois Attorney General’s Public Access Counselor (PAC) discusses an issue under the Open Meetings Act (OMA) of whether the Evanston/Skokie School District No. 65 (School) Board of Trustees (Board) Leadership team, consisting of the Board President and Vice President, was a “public body” subject to the requirements of OMA due to its function and membership.

    Section 1 of OMA states that "it is the intent of this Act to ensure that the actions of public bodies be taken openly and that their deliberations be conducted openly." Section 1.02 of the OMA defines "public body" as including "all legislative, executive, administrative or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but limited to committees and subcommittees[.]" Generally, the OMA applies to a majority of a quorum of school board members when discussing public business contemporaneously, commonly three or more school board members. In analyzing whether an entity constitutes an advisory body of a public body, Illinois courts have examined: (1) who appoints the members of the entity, (2) the formality of their appointment, (3) whether the members are paid for their tenure, (4) the entity's assigned duties, including duties reflected in its bylaws or authorizing statute, (5) whether the entity's role is solely advisory or whether it also has a deliberative or investigative function, (6) whether the entity is subject to government control or otherwise accountable to any public body, (7) whether the entity has a budget, (8) the entity's place within the larger public body, and (9) the impact of decisions or recommendations that the entity makes. University Professionals of Illinois v. Stukel, 344 Ill. App. 3d 856, 865 (2003). Courts have considered four primary factors in determining whether an entity is a "subsidiary body" of a public body: (1) the extent to which the entity has a legal existence independent of government resolution, (2) the degree of government control exerted over the entity, (3) the extent to which the entity is publicly funded, and (4) the nature of the functions performed by the entity." Better Government Ass'n v. Illinois High School Ass'n, 2017 IL 121124, ¶ 26.

    Here, an individual filed a request for review with the PAC claiming the Leadership Team was working together as a separate group of two persons for a common purpose and were acting together as a subsidiary body and as a committee of the School Board. With only two members of the Leadership Team, the Board President and Vice President, the question was whether the group was a committee of the Board. The PAC analyzed the facts under Stukel and found that the Leadership Team appeared to be an internal group formed at the discretion of the Board President and Vice President to enhance discussions amongst the Board, administration, and the teachers' union in an informal manner rather than to make decisions or issue formal recommendations with binding or significant impact. The PAC distinguished that although the Leadership Team provided input from those discussions to the Board, the Board would make the final determination on any Board or District matters. The PAC further noted that the Leadership Team did not have any bylaws or an authorizing statute and had no formal deliberative or investigative functions. Further, the PAC found that there was no indication that the Board exercised control over the Leadership Team. The PAC found most important that the Leadership Team was not a part of the formal structure of the Board, nor was it created by the Board as a public body. In analyzing whether the Leadership team was a subsidiary of the School Board, the PAC found that the Board did not take action to integrate the Leadership Team into its formal structure or recognize it as a committee.

    The PAC concluded that because the Leadership Team lacked the key features of an advisory body, committee, or subsidiary body, the Leadership Team is not a "public body" subject to the requirements of OMA. The PAC determined that the resolution of this matter did not require the issuance of a binding opinion and the matter is closed. 
     
  • Open Meetings Act - OMA
    Notice of a Change in Regular Meeting Dates
    Case: Public Access Opinion 24-013
    Decision Date: Friday, October 25, 2024
    This binding opinion from the Illinois Attorney General’s Public Access Counselor (PAC) discusses an issue under the Open Meetings Act (OMA) of whether there was a violation by the Village of Marissa (Village) Board of Trustees (Board) of the duty to give notice of a change in regular meeting dates.

    Under OMA, it is "the public policy of this State that its citizens shall be given advance notice of and the right to attend all meetings at which any business of a public body is discussed or acted upon in any way." 5 ILCS 120/1. Public notice of all meetings, whether open or closed to the public, shall be given as follows: (a) Every public body shall give public notice of the schedule of regular meetings at the beginning of each calendar or fiscal year and shall state the regular dates, times, and places of such meetings. 5 ILCS 120/2.02. If a change is made in regular meeting dates, at least 10 days' notice of such change shall be given by publication in a newspaper of general circulation in the area in which such body functions. However, in the case of bodies of local governmental units with a population of less than 500 in which no newspaper is published, such 10 days' notice may be given by posting a notice of such change in at least three prominent places within the governmental unit. Notice of such change shall also be posted at the principal office of the public body or, if no such office exists, at the building in which the meeting is to be held. Notice of such change shall also be supplied to those news media which have filed an annual request for notice as provided in paragraph (b) of Section 2.02. 5 ILCS 120/2.03.

    Here, an individual filed a request for review with the PAC claiming the Village Board failed to comply with the OMA when it voted to move its regular meetings from the third Monday of each month to the third Wednesday of each month. The individual claimed the Village did not publish notice of this change to its regular meeting schedule 10 days prior to taking action on the change, as required by section 2.03.The PAC analyzed the difference between (1) a change in a single regular meeting date that would be subject to the rescheduled or special meeting notice requirements of posting 48 hours in advance and (2) a change to a public body's regular meeting dates which requires 10 days prior notice by publication in a newspaper and posting notice at the principal office of the public body. The PAC determined that the Board did not give at least 10 days' notice of the changed regular meeting dates before the July 17, 2024 meeting. A County Journal news article written about the schedule change does not constitute notice by publication in a newspaper as required by section 2.03 of OMA. The PAC found that the Board violated section 2.03 of OMA, however the PAC acknowledged that no further action is necessary to remedy the violation because the Village Board subsequently published a legal notice of its change to its regular meeting schedule.

    This opinion is binding only to the parties involved and may be appealed pursuant to State law. The complete Public Access Opinion 24-013 can be found here.
     
  • Freedom of Information Act - FOIA
    Redacted Disclosure of Educational Records
    Case: Better Gov't Ass'n v. City Colleges of Chicago (2024 IL App (1st) 221414)
    Decision Date: Thursday, September 19, 2024
    Plaintiff Better Government Association (BGA) requested education records under the Freedom of Information Act (FOIA) from defendant City Colleges of Chicago (City Colleges). City Colleges withheld and redacted responsive records. The BGA sued City Colleges alleging its response violated FOIA. The circuit court ruled in favor of BGA, finding that the Family Educational Rights and Privacy Act (FERPA) did not “specifically prohibit” the disclosure of the requested records and ordered City Colleges to disclose the records. City Colleges appealed, and the appellate court (Court) ruled in favor of City Colleges.

    This was a case of first impression in Illinois regarding the intersection of FOIA and FERPA.  Section 7 of FOIA exempts information from disclosure when it is “specifically prohibited from disclosure by federal or state laws or rules and regulations implementing federal or State law.” 5 ILCS 140/7(1)(a). FERPA is a federal law that provides that “no funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information)…of students without the written consent of their parents to any individual, agency, or organization.” 20 U.S.C. §1232g(b)(1).

    The Court reviewed BGA’s request for “[d]ata regarding completed course work and curriculum for each of the graduates in the cohort counted toward the 2018 graduation rate…each course completed, the date of completion, credit hours earned, grade and degree.” City Colleges had redacted and withheld certain information from the requested records pursuant to section 7 of FOIA because of FERPA. City Colleges argued that the redacted information contained personally identifiable information, which could not be released without written consent from the students or their parents/guardians and that the records, even with student identities removed, would still contain “indirect identifiers” that could be used to identify students in violation of FERPA. BGA argued that City Colleges failed to meet its burden to prove that withheld information was exempted by statute because City Colleges cited to FERPA generally and made only conclusory statements that data could be used to indirectly identify students. 

    The Court found that the circuit court erred in determining there were no questions of fact, and it did not address the issue of the “de-identified” records, but instead it determined erroneously that FERPA is a funding statute that does not specifically prohibit the disclosure of student education data. 

    The Court determined that the central question was whether FERPA “specifically prohibits,” as that phrase is used in section 7 of FOIA, the release of the education records BGA sought in its FOIA request, such that the records are exempt from disclosure. The Court found that “the exemption in section 7(1)(a) of FOIA operates to exempt the requested records from disclosure in this case.” It noted that even courts that have found that FERPA does not “specifically prohibit” the release of education records have nonetheless recognized that FERPA was intended to protect records that contain personally identifiable information. 

    The Court stated that “FERPA does not prohibit the release of all education records in all circumstances. However, it does prohibit the release of personally identifiable information in education records without the consent of the students or their guardians.” The Court found that under FERPA and FOIA, public access to education records that contain personally identifiable information of a student “was not intended.”

    Based on this finding, the Court stated that it was not clear, due to the lack of a record, what personally identifiable information is present in the requested records, whether the records can be redacted in a manner to satisfy FERPA and FOIA, and whether the redacted records would be responsive to BGA’s FOIA request. The Court remanded the case back to the circuit court to: 1) review the materials responsive to BGA’s FOIA request, and 2) redact or otherwise separate any portion of the education records that might contain information that constitutes “personally identifiable information” protected by FERPA.

    Here is a copy of the full case.
     
  • Open Meetings Act - OMA
    Duty to Make Meetings Convenient and Open to the Public
    Case: Public Access Opinion 24-010
    Decision Date: Tuesday, September 3, 2024

    This binding opinion from the Illinois Attorney General’s Public Access Counselor (PAC) discusses an issue under the Open Meetings Act (OMA) of whether there was a violation by the Village of Dolton (Village) Board of Trustees (Board) of the duty to make meetings convenient and open to the public. Multiple requests for review were filed with the Board claiming that many people were turned away from Board meetings recently because of limited seating capacity, parking blockades inhibiting seniors and people with disabilities from accessing the building, and the alleged fostering of a hostile meeting environment.

    OMA provides that all public meetings shall be held at specified times and places convenient and open to the public. 5 ILCS 120/2.01. Further, OMA requires public bodies to take measures to ensure that they afford the public reasonable access to their meetings. Id. OMA has been interpreted to require “reasonable accessibility” such that a Board is required to implement measures to better accommodate the public when given advance notice of increased attendance for an upcoming meeting, while at the same time not requiring a Board to go to such lengths as to ensure that every single person who wishes to attend a Board meeting is able to attend in full comfort. Gerwin v. Livingston Cnty. Bd., 345 Ill. App. 3d 352, 361-62 (2003). 

    Here, the Board had advance notice that the location and set-up of the June 3, 2024 and July 1, 2024 meetings were insufficient to accommodate increasing numbers of interested members of the public. The Board made no adjustments to provide reasonable access to the meetings in question, and many of the members of the public were prohibited from entering the meeting space at the Village Hall. The Board added restrictions of parking barricades in the parking lot, including blocking spots designated for people with disabilities and surrounding street parking spots, all of which impeded public access to the meetings.

    The Board responded in part to the PAC by providing a statement from the Acting Chief of Police indicating safety measures were put in place to prevent potential perpetrators of wrongdoing and ill-will toward the Mayor from having access to her. The Fire Chief provided a letter indicating that an assigned seating area with the occupancy of 43 people was created after the Police Department described threats that were made toward representatives of the Village, but also sharing that remaining space of assembly is located within the main floor of the Village Hall. 

    The PAC offered alternatives that the Board could have provided the public with, including moving the meetings to a larger meeting room, offering standing room or overflow capacity, or otherwise attempting to make the meeting reasonably accessible to the public. The PAC found that, even assuming there were bona fide threats to the Mayor’s safety, the Board’s security concerns did not justify so heavily curtailing public attendance at the meetings. The PAC interpreted the Fire Chief’s letter to confirm that accommodating additional members of the public was possible on the main floor of the Village Hall. The PAC found that the “reasonable accessibility” standard required the Board to implement measures to better accommodate the public. The PAC concluded that the Board’s failures to provide meetings in places convenient and open to the public violated OMA.   

    This opinion is binding only to the parties involved and may be appealed pursuant to State law.

    The complete Public Access Opinion 24-010 can be found here.
     

  • Open Meetings Act - OMA
    Lack of notice of final action in meeting agenda; Attending a meeting remotely
    Case: Public Access Opinion 24-007
    Decision Date: Friday, June 21, 2024
    This binding opinion from the Illinois Attorney General’s Public Access Counselor (PAC) discusses two different Open Meetings Act (OMA) issues: 1) whether there was a lack of notice provided in the Village of Princeville (Village) Board of Trustees (Board) March 5, 2024 meeting agenda to authorize the purchase of a truck during that meeting, and 2) whether the Board improperly allowed its Board President to attend four recent Board meetings remotely. 

    First, OMA requires that Illinois public bodies provide the public with advance notice of and the right to attend all meetings at which any business of a public body will be discussed or acted on. 5 ILCS 120/1. OMA requires that any agenda set forth the general subject matter of any resolution or ordinance that will be the subject of final action at the meeting. 5 ILCS 120/2.02(c). Here, the March 5, 2024 meeting agenda included an agenda item: “Report from the Superintendent of Public Works.” The meeting minutes show that during the presentation of that agenda item, the Board received information about the availability of a truck for sale at a dealership and then voted on and approved a motion to purchase that truck. The Board acknowledged in its response to the PAC that this action to approve the purchase of the truck was not properly taken in compliance with OMA and was invalid. Therefore, the PAC found that it was undisputed that the Board violated OMA. Next, the Board also provided copies of the agenda and minutes of its April 16, 2024, meeting. The agenda specified that the Board would “consider and vote to Approve Purchase of Used Truck from Yemm Chevrolet, for Public Works Department, for $34,906.00.” The minutes then indicated that the Board re-voted and approved the truck purchase during that April 16, 2024 meeting. The PAC found that the Board remedied its failure to provide sufficient advanced notice in March 2024 by taking these remedial steps in April 2024.

    Second, OMA provides that if a quorum of the members of a public body is physically present, then a majority of the public body may allow a member to attend the meeting by other means if the member is prevented from physically attending because of a number of reasons, including what is at issue here, “employment purposes or the business of the public body.” 5 ILCS 120/7(a). Further, OMA specifies that a public body may allow a member to attend a meeting by other means only if a majority of the board adopts rules allowing such means. 5 ILCS 120/7(c). Here, the Board had adopted rules authorizing members to attend remotely “because of conflicting obligations to the Board member’s employer.” The PAC refused to dig deeply into specifics of the location of employment and abilities of the Board President to drive to the meeting, arguing that it cannot read into OMA any limitations on remote attendance that the General Assembly did not express. The PAC found that based on the Board President’s job as a rural carrier postal instructor requiring him to spend his workweek in cities outside Princeville, the Board reasonably could have determined that he was prevented from physically attending the Board’s regular meetings in February and March 2024 because of “employment purposes” within the meaning given in OMA. The out-of-town work assignments also were found to be consistent with the “conflicting obligations to the Board member’s employer” that provide a permissible reason for remote attendance according to the Board’s adopted rules. The PAC concluded that the Board did not violate OMA by allowing the Board President to attend the meetings in question by video conference.         

    This opinion is binding only to the parties involved and may be appealed pursuant to State law.

    The complete Public Access Opinion 24-007 can be found here.