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1 | | included within an enumerated exception.
|
2 | | (c) Exceptions. A public body may hold closed meetings to |
3 | | consider the
following subjects:
|
4 | | (1) The appointment, employment, compensation, |
5 | | discipline, performance,
or dismissal of specific |
6 | | employees of the public body or legal counsel for
the |
7 | | public body, including hearing
testimony on a complaint |
8 | | lodged against an employee of the public body or
against |
9 | | legal counsel for the public body to determine its |
10 | | validity. However, a meeting to consider an increase in |
11 | | compensation to a specific employee of a public body that |
12 | | is subject to the Local Government Wage Increase |
13 | | Transparency Act may not be closed and shall be open to the |
14 | | public and posted and held in accordance with this Act.
|
15 | | (2) Collective negotiating matters between the public |
16 | | body and its
employees or their representatives, or |
17 | | deliberations concerning salary
schedules for one or more |
18 | | classes of employees , except that any meeting required |
19 | | under either subsection (e) of Section 7 of the Illinois |
20 | | Public Labor Relations Act or subsection (d) of Section 10 |
21 | | of the Illinois Educational Labor Relations Act shall be |
22 | | open to the public, unless that meeting involves the State |
23 | | of Illinois as a public employer .
|
24 | | (3) The selection of a person to fill a public office,
|
25 | | as defined in this Act, including a vacancy in a public |
26 | | office, when the public
body is given power to appoint |
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1 | | under law or ordinance, or the discipline,
performance or |
2 | | removal of the occupant of a public office, when the public |
3 | | body
is given power to remove the occupant under law or |
4 | | ordinance.
|
5 | | (4) Evidence or testimony presented in open hearing, or |
6 | | in closed
hearing where specifically authorized by law, to
|
7 | | a quasi-adjudicative body, as defined in this Act, provided |
8 | | that the body
prepares and makes available for public |
9 | | inspection a written decision
setting forth its |
10 | | determinative reasoning.
|
11 | | (5) The purchase or lease of real property for the use |
12 | | of
the public body, including meetings held for the purpose |
13 | | of discussing
whether a particular parcel should be |
14 | | acquired.
|
15 | | (6) The setting of a price for sale or lease of |
16 | | property owned
by the public body.
|
17 | | (7) The sale or purchase of securities, investments, or |
18 | | investment
contracts. This exception shall not apply to the |
19 | | investment of assets or income of funds deposited into the |
20 | | Illinois Prepaid Tuition Trust Fund.
|
21 | | (8) Security procedures, school building safety and |
22 | | security, and the use of personnel and
equipment to respond |
23 | | to an actual, a threatened, or a reasonably
potential |
24 | | danger to the safety of employees, students, staff, the |
25 | | public, or
public
property.
|
26 | | (9) Student disciplinary cases.
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1 | | (10) The placement of individual students in special |
2 | | education
programs and other matters relating to |
3 | | individual students.
|
4 | | (11) Litigation, when an action against, affecting or |
5 | | on behalf of the
particular public body has been filed and |
6 | | is pending before a court or
administrative tribunal, or |
7 | | when the public body finds that an action is
probable or |
8 | | imminent, in which case the basis for the finding shall be
|
9 | | recorded and entered into the minutes of the closed |
10 | | meeting.
|
11 | | (12) The establishment of reserves or settlement of |
12 | | claims as provided
in the Local Governmental and |
13 | | Governmental Employees Tort Immunity Act, if
otherwise the |
14 | | disposition of a claim or potential claim might be
|
15 | | prejudiced, or the review or discussion of claims, loss or |
16 | | risk management
information, records, data, advice or |
17 | | communications from or with respect
to any insurer of the |
18 | | public body or any intergovernmental risk management
|
19 | | association or self insurance pool of which the public body |
20 | | is a member.
|
21 | | (13) Conciliation of complaints of discrimination in |
22 | | the sale or rental
of housing, when closed meetings are |
23 | | authorized by the law or ordinance
prescribing fair housing |
24 | | practices and creating a commission or
administrative |
25 | | agency for their enforcement.
|
26 | | (14) Informant sources, the hiring or assignment of |
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1 | | undercover personnel
or equipment, or ongoing, prior or |
2 | | future criminal investigations, when
discussed by a public |
3 | | body with criminal investigatory responsibilities.
|
4 | | (15) Professional ethics or performance when |
5 | | considered by an advisory
body appointed to advise a |
6 | | licensing or regulatory agency on matters
germane to the |
7 | | advisory body's field of competence.
|
8 | | (16) Self evaluation, practices and procedures or |
9 | | professional ethics,
when meeting with a representative of |
10 | | a statewide association of which the
public body is a |
11 | | member.
|
12 | | (17) The recruitment, credentialing, discipline or |
13 | | formal peer review
of physicians or other
health care |
14 | | professionals, or for the discussion of matters protected |
15 | | under the federal Patient Safety and Quality Improvement |
16 | | Act of 2005, and the regulations promulgated thereunder, |
17 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal |
18 | | Health Insurance Portability and Accountability Act of |
19 | | 1996, and the regulations promulgated thereunder, |
20 | | including 45 C.F.R. Parts 160, 162, and 164, by a hospital, |
21 | | or
other institution providing medical care, that is |
22 | | operated by the public body.
|
23 | | (18) Deliberations for decisions of the Prisoner |
24 | | Review Board.
|
25 | | (19) Review or discussion of applications received |
26 | | under the
Experimental Organ Transplantation Procedures |
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1 | | Act.
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2 | | (20) The classification and discussion of matters |
3 | | classified as
confidential or continued confidential by |
4 | | the State Government Suggestion Award
Board.
|
5 | | (21) Discussion of minutes of meetings lawfully closed |
6 | | under this Act,
whether for purposes of approval by the |
7 | | body of the minutes or semi-annual
review of the minutes as |
8 | | mandated by Section 2.06.
|
9 | | (22) Deliberations for decisions of the State
|
10 | | Emergency Medical Services Disciplinary
Review Board.
|
11 | | (23) The operation by a municipality of a municipal |
12 | | utility or the
operation of a
municipal power agency or |
13 | | municipal natural gas agency when the
discussion involves |
14 | | (i) contracts relating to the
purchase, sale, or delivery |
15 | | of electricity or natural gas or (ii) the results
or |
16 | | conclusions of load forecast studies.
|
17 | | (24) Meetings of a residential health care facility |
18 | | resident sexual
assault and death review
team or
the |
19 | | Executive
Council under the Abuse Prevention Review
Team |
20 | | Act.
|
21 | | (25) Meetings of an independent team of experts under |
22 | | Brian's Law. |
23 | | (26) Meetings of a mortality review team appointed |
24 | | under the Department of Juvenile Justice Mortality Review |
25 | | Team Act. |
26 | | (27) (Blank). |
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1 | | (28) Correspondence and records (i) that may not be |
2 | | disclosed under Section 11-9 of the Illinois Public Aid |
3 | | Code or (ii) that pertain to appeals under Section 11-8 of |
4 | | the Illinois Public Aid Code. |
5 | | (29) Meetings between internal or external auditors |
6 | | and governmental audit committees, finance committees, and |
7 | | their equivalents, when the discussion involves internal |
8 | | control weaknesses, identification of potential fraud risk |
9 | | areas, known or suspected frauds, and fraud interviews |
10 | | conducted in accordance with generally accepted auditing |
11 | | standards of the United States of America. |
12 | | (30) Those meetings or portions of meetings of a |
13 | | fatality review team or the Illinois Fatality Review Team |
14 | | Advisory Council during which a review of the death of an |
15 | | eligible adult in which abuse or neglect is suspected, |
16 | | alleged, or substantiated is conducted pursuant to Section |
17 | | 15 of the Adult Protective Services Act. |
18 | | (31) Meetings and deliberations for decisions of the |
19 | | Concealed Carry Licensing Review Board under the Firearm |
20 | | Concealed Carry Act. |
21 | | (32) Meetings between the Regional Transportation |
22 | | Authority Board and its Service Boards when the discussion |
23 | | involves review by the Regional Transportation Authority |
24 | | Board of employment contracts under Section 28d of the |
25 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
26 | | 3B.26 of the Regional Transportation Authority Act. |
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1 | | (33) Those meetings or portions of meetings of the |
2 | | advisory committee and peer review subcommittee created |
3 | | under Section 320 of the Illinois Controlled Substances Act |
4 | | during which specific controlled substance prescriber, |
5 | | dispenser, or patient information is discussed. |
6 | | (d) Definitions. For purposes of this Section:
|
7 | | "Employee" means a person employed by a public body whose |
8 | | relationship
with the public body constitutes an |
9 | | employer-employee relationship under
the usual common law |
10 | | rules, and who is not an independent contractor.
|
11 | | "Public office" means a position created by or under the
|
12 | | Constitution or laws of this State, the occupant of which is |
13 | | charged with
the exercise of some portion of the sovereign |
14 | | power of this State. The term
"public office" shall include |
15 | | members of the public body, but it shall not
include |
16 | | organizational positions filled by members thereof, whether
|
17 | | established by law or by a public body itself, that exist to |
18 | | assist the
body in the conduct of its business.
|
19 | | "Quasi-adjudicative body" means an administrative body |
20 | | charged by law or
ordinance with the responsibility to conduct |
21 | | hearings, receive evidence or
testimony and make |
22 | | determinations based
thereon, but does not include
local |
23 | | electoral boards when such bodies are considering petition |
24 | | challenges.
|
25 | | (e) Final action. No final action may be taken at a closed |
26 | | meeting.
Final action shall be preceded by a public recital of |
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1 | | the nature of the
matter being considered and other information |
2 | | that will inform the
public of the business being conducted.
|
3 | | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, |
4 | | eff. 7-16-14; 98-1027, eff. 1-1-15; 98-1039, eff. 8-25-14; |
5 | | 99-78, eff. 7-20-15; 99-235, eff. 1-1-16; 99-480, eff. 9-9-15; |
6 | | 99-642, eff. 7-28-16; 99-646, eff. 7-28-16; 99-687, eff. |
7 | | 1-1-17; revised 9-21-16.)
|
8 | | Section 10. The Freedom of Information Act is amended by |
9 | | changing Section 7 as follows: |
10 | | (5 ILCS 140/7) (from Ch. 116, par. 207) |
11 | | Sec. 7. Exemptions.
|
12 | | (1) When a request is made to inspect or copy a public |
13 | | record that contains information that is exempt from disclosure |
14 | | under this Section, but also contains information that is not |
15 | | exempt from disclosure, the public body may elect to redact the |
16 | | information that is exempt. The public body shall make the |
17 | | remaining information available for inspection and copying. |
18 | | Subject to this requirement, the following shall be exempt from |
19 | | inspection and copying:
|
20 | | (a) Information specifically prohibited from |
21 | | disclosure by federal or
State law or rules and regulations |
22 | | implementing federal or State law.
|
23 | | (b) Private information, unless disclosure is required |
24 | | by another provision of this Act, a State or federal law or |
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1 | | a court order. |
2 | | (b-5) Files, documents, and other data or databases |
3 | | maintained by one or more law enforcement agencies and |
4 | | specifically designed to provide information to one or more |
5 | | law enforcement agencies regarding the physical or mental |
6 | | status of one or more individual subjects. |
7 | | (c) Personal information contained within public |
8 | | records, the disclosure of which would constitute a clearly
|
9 | | unwarranted invasion of personal privacy, unless the |
10 | | disclosure is
consented to in writing by the individual |
11 | | subjects of the information. "Unwarranted invasion of |
12 | | personal privacy" means the disclosure of information that |
13 | | is highly personal or objectionable to a reasonable person |
14 | | and in which the subject's right to privacy outweighs any |
15 | | legitimate public interest in obtaining the information. |
16 | | The
disclosure of information that bears on the public |
17 | | duties of public
employees and officials shall not be |
18 | | considered an invasion of personal
privacy.
|
19 | | (d) Records in the possession of any public body |
20 | | created in the course of administrative enforcement
|
21 | | proceedings, and any law enforcement or correctional |
22 | | agency for
law enforcement purposes,
but only to the extent |
23 | | that disclosure would:
|
24 | | (i) interfere with pending or actually and |
25 | | reasonably contemplated
law enforcement proceedings |
26 | | conducted by any law enforcement or correctional
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1 | | agency that is the recipient of the request;
|
2 | | (ii) interfere with active administrative |
3 | | enforcement proceedings
conducted by the public body |
4 | | that is the recipient of the request;
|
5 | | (iii) create a substantial likelihood that a |
6 | | person will be deprived of a fair trial or an impartial |
7 | | hearing;
|
8 | | (iv) unavoidably disclose the identity of a |
9 | | confidential source, confidential information |
10 | | furnished only by the confidential source, or persons |
11 | | who file complaints with or provide information to |
12 | | administrative, investigative, law enforcement, or |
13 | | penal agencies; except that the identities of |
14 | | witnesses to traffic accidents, traffic accident |
15 | | reports, and rescue reports shall be provided by |
16 | | agencies of local government, except when disclosure |
17 | | would interfere with an active criminal investigation |
18 | | conducted by the agency that is the recipient of the |
19 | | request;
|
20 | | (v) disclose unique or specialized investigative |
21 | | techniques other than
those generally used and known or |
22 | | disclose internal documents of
correctional agencies |
23 | | related to detection, observation or investigation of
|
24 | | incidents of crime or misconduct, and disclosure would |
25 | | result in demonstrable harm to the agency or public |
26 | | body that is the recipient of the request;
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1 | | (vi) endanger the life or physical safety of law |
2 | | enforcement personnel
or any other person; or
|
3 | | (vii) obstruct an ongoing criminal investigation |
4 | | by the agency that is the recipient of the request.
|
5 | | (d-5) A law enforcement record created for law |
6 | | enforcement purposes and contained in a shared electronic |
7 | | record management system if the law enforcement agency that |
8 | | is the recipient of the request did not create the record, |
9 | | did not participate in or have a role in any of the events |
10 | | which are the subject of the record, and only has access to |
11 | | the record through the shared electronic record management |
12 | | system. |
13 | | (e) Records that relate to or affect the security of |
14 | | correctional
institutions and detention facilities.
|
15 | | (e-5) Records requested by persons committed to the |
16 | | Department of Corrections if those materials are available |
17 | | in the library of the correctional facility where the |
18 | | inmate is confined. |
19 | | (e-6) Records requested by persons committed to the |
20 | | Department of Corrections if those materials include |
21 | | records from staff members' personnel files, staff |
22 | | rosters, or other staffing assignment information. |
23 | | (e-7) Records requested by persons committed to the |
24 | | Department of Corrections if those materials are available |
25 | | through an administrative request to the Department of |
26 | | Corrections. |
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1 | | (f) Preliminary drafts, notes, recommendations, |
2 | | memoranda and other
records in which opinions are |
3 | | expressed, or policies or actions are
formulated, except |
4 | | that a specific record or relevant portion of a
record |
5 | | shall not be exempt when the record is publicly cited
and |
6 | | identified by the head of the public body. The exemption |
7 | | provided in
this paragraph (f) extends to all those records |
8 | | of officers and agencies
of the General Assembly that |
9 | | pertain to the preparation of legislative
documents.
|
10 | | (g) Trade secrets and commercial or financial |
11 | | information obtained from
a person or business where the |
12 | | trade secrets or commercial or financial information are |
13 | | furnished under a claim that they are
proprietary, |
14 | | privileged or confidential, and that disclosure of the |
15 | | trade
secrets or commercial or financial information would |
16 | | cause competitive harm to the person or business, and only |
17 | | insofar as the claim directly applies to the records |
18 | | requested. |
19 | | The information included under this exemption includes |
20 | | all trade secrets and commercial or financial information |
21 | | obtained by a public body, including a public pension fund, |
22 | | from a private equity fund or a privately held company |
23 | | within the investment portfolio of a private equity fund as |
24 | | a result of either investing or evaluating a potential |
25 | | investment of public funds in a private equity fund. The |
26 | | exemption contained in this item does not apply to the |
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1 | | aggregate financial performance information of a private |
2 | | equity fund, nor to the identity of the fund's managers or |
3 | | general partners. The exemption contained in this item does |
4 | | not apply to the identity of a privately held company |
5 | | within the investment portfolio of a private equity fund, |
6 | | unless the disclosure of the identity of a privately held |
7 | | company may cause competitive harm. |
8 | | Nothing contained in this
paragraph (g) shall be |
9 | | construed to prevent a person or business from
consenting |
10 | | to disclosure.
|
11 | | (h) Proposals and bids for any contract, grant, or |
12 | | agreement, including
information which if it were |
13 | | disclosed would frustrate procurement or give
an advantage |
14 | | to any person proposing to enter into a contractor |
15 | | agreement
with the body, until an award or final selection |
16 | | is made. Information
prepared by or for the body in |
17 | | preparation of a bid solicitation shall be
exempt until an |
18 | | award or final selection is made.
|
19 | | (i) Valuable formulae,
computer geographic systems,
|
20 | | designs, drawings and research data obtained or
produced by |
21 | | any public body when disclosure could reasonably be |
22 | | expected to
produce private gain or public loss.
The |
23 | | exemption for "computer geographic systems" provided in |
24 | | this paragraph
(i) does not extend to requests made by news |
25 | | media as defined in Section 2 of
this Act when the |
26 | | requested information is not otherwise exempt and the only
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1 | | purpose of the request is to access and disseminate |
2 | | information regarding the
health, safety, welfare, or |
3 | | legal rights of the general public.
|
4 | | (j) The following information pertaining to |
5 | | educational matters: |
6 | | (i) test questions, scoring keys and other |
7 | | examination data used to
administer an academic |
8 | | examination;
|
9 | | (ii) information received by a primary or |
10 | | secondary school, college, or university under its |
11 | | procedures for the evaluation of faculty members by |
12 | | their academic peers; |
13 | | (iii) information concerning a school or |
14 | | university's adjudication of student disciplinary |
15 | | cases, but only to the extent that disclosure would |
16 | | unavoidably reveal the identity of the student; and |
17 | | (iv) course materials or research materials used |
18 | | by faculty members. |
19 | | (k) Architects' plans, engineers' technical |
20 | | submissions, and
other
construction related technical |
21 | | documents for
projects not constructed or developed in |
22 | | whole or in part with public funds
and the same for |
23 | | projects constructed or developed with public funds, |
24 | | including but not limited to power generating and |
25 | | distribution stations and other transmission and |
26 | | distribution facilities, water treatment facilities, |
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1 | | airport facilities, sport stadiums, convention centers, |
2 | | and all government owned, operated, or occupied buildings, |
3 | | but
only to the extent
that disclosure would compromise |
4 | | security.
|
5 | | (l) Minutes of meetings of public bodies closed to the
|
6 | | public as provided in the Open Meetings Act until the |
7 | | public body
makes the minutes available to the public under |
8 | | Section 2.06 of the Open
Meetings Act.
|
9 | | (m) Communications between a public body and an |
10 | | attorney or auditor
representing the public body that would |
11 | | not be subject to discovery in
litigation, and materials |
12 | | prepared or compiled by or for a public body in
|
13 | | anticipation of a criminal, civil or administrative |
14 | | proceeding upon the
request of an attorney advising the |
15 | | public body, and materials prepared or
compiled with |
16 | | respect to internal audits of public bodies.
|
17 | | (n) Records relating to a public body's adjudication of |
18 | | employee grievances or disciplinary cases; however, this |
19 | | exemption shall not extend to the final outcome of cases in |
20 | | which discipline is imposed.
|
21 | | (o) Administrative or technical information associated |
22 | | with automated
data processing operations, including but |
23 | | not limited to software,
operating protocols, computer |
24 | | program abstracts, file layouts, source
listings, object |
25 | | modules, load modules, user guides, documentation
|
26 | | pertaining to all logical and physical design of |
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1 | | computerized systems,
employee manuals, and any other |
2 | | information that, if disclosed, would
jeopardize the |
3 | | security of the system or its data or the security of
|
4 | | materials exempt under this Section.
|
5 | | (p) Records relating to collective negotiating matters
|
6 | | between public bodies and their employees or |
7 | | representatives, except that
any final contract or |
8 | | agreement and any agreement that is the subject of a |
9 | | meeting held pursuant to either subsection (e) of Section 7 |
10 | | of the Illinois Public Labor Relations Act or subsection |
11 | | (d) of Section 10 of the Illinois Educational Labor |
12 | | Relations Act, unless that meeting involves the State of |
13 | | Illinois as a public employer, shall be subject to |
14 | | inspection and copying.
|
15 | | (q) Test questions, scoring keys, and other |
16 | | examination data used to determine the qualifications of an |
17 | | applicant for a license or employment.
|
18 | | (r) The records, documents, and information relating |
19 | | to real estate
purchase negotiations until those |
20 | | negotiations have been completed or
otherwise terminated. |
21 | | With regard to a parcel involved in a pending or
actually |
22 | | and reasonably contemplated eminent domain proceeding |
23 | | under the Eminent Domain Act, records, documents and
|
24 | | information relating to that parcel shall be exempt except |
25 | | as may be
allowed under discovery rules adopted by the |
26 | | Illinois Supreme Court. The
records, documents and |
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1 | | information relating to a real estate sale shall be
exempt |
2 | | until a sale is consummated.
|
3 | | (s) Any and all proprietary information and records |
4 | | related to the
operation of an intergovernmental risk |
5 | | management association or
self-insurance pool or jointly |
6 | | self-administered health and accident
cooperative or pool.
|
7 | | Insurance or self insurance (including any |
8 | | intergovernmental risk management association or self |
9 | | insurance pool) claims, loss or risk management |
10 | | information, records, data, advice or communications.
|
11 | | (t) Information contained in or related to |
12 | | examination, operating, or
condition reports prepared by, |
13 | | on behalf of, or for the use of a public
body responsible |
14 | | for the regulation or supervision of financial
|
15 | | institutions or insurance companies, unless disclosure is |
16 | | otherwise
required by State law.
|
17 | | (u) Information that would disclose
or might lead to |
18 | | the disclosure of
secret or confidential information, |
19 | | codes, algorithms, programs, or private
keys intended to be |
20 | | used to create electronic or digital signatures under the
|
21 | | Electronic Commerce Security Act.
|
22 | | (v) Vulnerability assessments, security measures, and |
23 | | response policies
or plans that are designed to identify, |
24 | | prevent, or respond to potential
attacks upon a community's |
25 | | population or systems, facilities, or installations,
the |
26 | | destruction or contamination of which would constitute a |
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1 | | clear and present
danger to the health or safety of the |
2 | | community, but only to the extent that
disclosure could |
3 | | reasonably be expected to jeopardize the effectiveness of |
4 | | the
measures or the safety of the personnel who implement |
5 | | them or the public.
Information exempt under this item may |
6 | | include such things as details
pertaining to the |
7 | | mobilization or deployment of personnel or equipment, to |
8 | | the
operation of communication systems or protocols, or to |
9 | | tactical operations.
|
10 | | (w) (Blank). |
11 | | (x) Maps and other records regarding the location or |
12 | | security of generation, transmission, distribution, |
13 | | storage, gathering,
treatment, or switching facilities |
14 | | owned by a utility, by a power generator, or by the |
15 | | Illinois Power Agency.
|
16 | | (y) Information contained in or related to proposals, |
17 | | bids, or negotiations related to electric power |
18 | | procurement under Section 1-75 of the Illinois Power Agency |
19 | | Act and Section 16-111.5 of the Public Utilities Act that |
20 | | is determined to be confidential and proprietary by the |
21 | | Illinois Power Agency or by the Illinois Commerce |
22 | | Commission.
|
23 | | (z) Information about students exempted from |
24 | | disclosure under Sections 10-20.38 or 34-18.29 of the |
25 | | School Code, and information about undergraduate students |
26 | | enrolled at an institution of higher education exempted |
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1 | | from disclosure under Section 25 of the Illinois Credit |
2 | | Card Marketing Act of 2009. |
3 | | (aa) Information the disclosure of which is
exempted |
4 | | under the Viatical Settlements Act of 2009.
|
5 | | (bb) Records and information provided to a mortality |
6 | | review team and records maintained by a mortality review |
7 | | team appointed under the Department of Juvenile Justice |
8 | | Mortality Review Team Act. |
9 | | (cc) Information regarding interments, entombments, or |
10 | | inurnments of human remains that are submitted to the |
11 | | Cemetery Oversight Database under the Cemetery Care Act or |
12 | | the Cemetery Oversight Act, whichever is applicable. |
13 | | (dd) Correspondence and records (i) that may not be |
14 | | disclosed under Section 11-9 of the Illinois Public Aid |
15 | | Code or (ii) that pertain to appeals under Section 11-8 of |
16 | | the Illinois Public Aid Code. |
17 | | (ee) The names, addresses, or other personal |
18 | | information of persons who are minors and are also |
19 | | participants and registrants in programs of park |
20 | | districts, forest preserve districts, conservation |
21 | | districts, recreation agencies, and special recreation |
22 | | associations. |
23 | | (ff) The names, addresses, or other personal |
24 | | information of participants and registrants in programs of |
25 | | park districts, forest preserve districts, conservation |
26 | | districts, recreation agencies, and special recreation |
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1 | | associations where such programs are targeted primarily to |
2 | | minors. |
3 | | (gg) Confidential information described in Section |
4 | | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. |
5 | | (hh) The report submitted to the State Board of |
6 | | Education by the School Security and Standards Task Force |
7 | | under item (8) of subsection (d) of Section 2-3.160 of the |
8 | | School Code and any information contained in that report. |
9 | | (ii) Records requested by persons committed to or |
10 | | detained by the Department of Human Services under the |
11 | | Sexually Violent Persons Commitment Act or committed to the |
12 | | Department of Corrections under the Sexually Dangerous |
13 | | Persons Act if those materials: (i) are available in the |
14 | | library of the facility where the individual is confined; |
15 | | (ii) include records from staff members' personnel files, |
16 | | staff rosters, or other staffing assignment information; |
17 | | or (iii) are available through an administrative request to |
18 | | the Department of Human Services or the Department of |
19 | | Corrections. |
20 | | (jj) Confidential information described in Section |
21 | | 5-535 of the Civil Administrative Code of Illinois. |
22 | | (1.5) Any information exempt from disclosure under the |
23 | | Judicial Privacy Act shall be redacted from public records |
24 | | prior to disclosure under this Act. |
25 | | (2) A public record that is not in the possession of a |
26 | | public body but is in the possession of a party with whom the |
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1 | | agency has contracted to perform a governmental function on |
2 | | behalf of the public body, and that directly relates to the |
3 | | governmental function and is not otherwise exempt under this |
4 | | Act, shall be considered a public record of the public body, |
5 | | for purposes of this Act. |
6 | | (3) This Section does not authorize withholding of |
7 | | information or limit the
availability of records to the public, |
8 | | except as stated in this Section or
otherwise provided in this |
9 | | Act.
|
10 | | (Source: P.A. 98-463, eff. 8-16-13; 98-578, eff. 8-27-13; |
11 | | 98-695, eff. 7-3-14; 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; |
12 | | 99-642, eff. 7-28-16; revised 10-25-16.) |
13 | | Section 15. The Illinois Public Labor Relations Act is |
14 | | amended by changing Sections 7 and 24 as follows:
|
15 | | (5 ILCS 315/7) (from Ch. 48, par. 1607)
|
16 | | Sec. 7. Duty to bargain. |
17 | | (a) A public employer and the exclusive representative
have |
18 | | the authority and the duty to bargain collectively set forth in |
19 | | this
Section.
|
20 | | For the purposes of this Act, "to bargain collectively" |
21 | | means the performance
of the mutual obligation of the public |
22 | | employer or his designated
representative and the |
23 | | representative of the public employees to meet at
reasonable |
24 | | times, including meetings in advance of the budget-making |
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1 | | process,
and to negotiate in good faith with respect to wages, |
2 | | hours, and other
conditions
of employment, not excluded by |
3 | | Section 4 of this Act, or the negotiation
of an agreement, or |
4 | | any question arising
thereunder and the execution of a written |
5 | | contract incorporating any agreement
reached if requested by |
6 | | either party, but such obligation does not compel
either party |
7 | | to agree to a proposal or require the making of a concession.
|
8 | | The duty "to bargain collectively" shall also include an |
9 | | obligation to
negotiate over any matter with respect to wages, |
10 | | hours and other conditions
of employment, not specifically |
11 | | provided for in any other law or not specifically
in violation |
12 | | of the provisions
of any law. If any other law pertains, in |
13 | | part, to a matter affecting
the wages, hours and other |
14 | | conditions of employment, such other law shall
not be construed |
15 | | as limiting the duty "to bargain collectively" and to enter
|
16 | | into collective bargaining agreements containing clauses which |
17 | | either supplement,
implement, or relate to the effect of such |
18 | | provisions in other laws.
|
19 | | The duty "to bargain collectively" shall also include |
20 | | negotiations
as to the terms of a collective bargaining |
21 | | agreement.
The parties may, by mutual agreement, provide for |
22 | | arbitration of impasses
resulting from their inability to agree |
23 | | upon wages, hours and terms and
conditions of employment to be |
24 | | included in a collective bargaining agreement.
Such |
25 | | arbitration provisions shall be subject to the Illinois |
26 | | "Uniform Arbitration
Act" unless agreed by the parties.
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1 | | The duty "to bargain collectively" shall also mean that no |
2 | | party to a collective
bargaining contract shall terminate or |
3 | | modify such contract, unless the
party desiring such |
4 | | termination or modification:
|
5 | | (1) serves a written notice upon the other party to the |
6 | | contract of the
proposed termination or modification 60 |
7 | | days prior to the expiration date
thereof, or in the event |
8 | | such contract contains no expiration date, 60 days
prior to |
9 | | the time it is proposed to make such termination or |
10 | | modification;
|
11 | | (2) offers to meet and confer with the other party for |
12 | | the purpose of
negotiating a new contract or a contract |
13 | | containing the proposed modifications;
|
14 | | (3) notifies the Board within 30 days after such notice |
15 | | of the existence
of a dispute, provided no agreement has |
16 | | been reached by that time; and
|
17 | | (4) continues in full force and effect, without |
18 | | resorting to strike or
lockout, all the terms and |
19 | | conditions of the existing contract for a period
of 60 days |
20 | | after such notice is given to the other party or until the |
21 | | expiration
date of such contract, whichever occurs later.
|
22 | | The duties imposed upon employers, employees and labor |
23 | | organizations by
paragraphs (2), (3) and (4) shall become |
24 | | inapplicable upon an intervening
certification of the Board, |
25 | | under which the labor organization, which is
a party to the |
26 | | contract, has been superseded as or ceased to be the exclusive
|
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1 | | representative
of the employees pursuant to the provisions of |
2 | | subsection (a) of Section
9, and the duties so imposed shall |
3 | | not be construed as requiring either
party to discuss or agree |
4 | | to any modification of the terms and conditions
contained in a |
5 | | contract for a fixed period, if such modification is to become
|
6 | | effective before such terms and conditions can be reopened |
7 | | under the provisions
of the contract.
|
8 | | (b) Collective bargaining for home care and home health |
9 | | workers who function as personal assistants and individual |
10 | | maintenance home health workers
under
the Home Services Program |
11 | | shall be limited to the terms and conditions of
employment
|
12 | | under the State's control, as defined in Public Act 93-204 or |
13 | | this amendatory Act of the 97th General Assembly, as |
14 | | applicable.
|
15 | | (c) Collective bargaining for child and day care home |
16 | | providers under the child care assistance program shall be |
17 | | limited to the terms and conditions of employment under the |
18 | | State's control, as defined in this amendatory Act of the 94th |
19 | | General Assembly.
|
20 | | (d) Notwithstanding any other provision of this Section, |
21 | | whenever collective bargaining is for the purpose of |
22 | | establishing an initial agreement following original |
23 | | certification of units with fewer than 35 employees, with |
24 | | respect to public employees other than peace officers, fire |
25 | | fighters, and security employees, the following apply: |
26 | | (1) Not later than 10 days after receiving a written |
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1 | | request for collective bargaining from a labor |
2 | | organization that has been newly certified as a |
3 | | representative as defined in Section 6(c), or within such |
4 | | further period as the parties agree upon, the parties shall |
5 | | meet and commence to bargain collectively and shall make |
6 | | every reasonable effort to conclude and sign a collective |
7 | | bargaining agreement. |
8 | | (2) If anytime after the expiration of the 90-day |
9 | | period beginning on the date on which bargaining is |
10 | | commenced the parties have failed to reach an agreement, |
11 | | either party may notify the Illinois Public Labor Relations |
12 | | Board of the existence of a dispute and request mediation |
13 | | in accordance with the provisions of Section 14 of this |
14 | | Act. |
15 | | (3) If after the expiration of the 30-day period |
16 | | beginning on the date on which mediation commenced, or such |
17 | | additional period as the parties may agree upon, the |
18 | | mediator is not able to bring the parties to agreement by |
19 | | conciliation, either the exclusive representative of the |
20 | | employees or the employer may request of the other, in |
21 | | writing, arbitration and shall submit a copy of the request |
22 | | to the board. Upon submission of the request for |
23 | | arbitration, the parties shall be required to participate |
24 | | in the impasse arbitration procedures set forth in Section |
25 | | 14 of this Act, except the right to strike shall not be |
26 | | considered waived pursuant to Section 17 of this Act, until |
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1 | | the actual convening of the arbitration hearing. |
2 | | (e) Notwithstanding any other provision of this Act, once |
3 | | an agreement is reached between a public employer and the |
4 | | exclusive representative of a bargaining unit concerning all of |
5 | | the terms of a collective bargaining agreement, that
agreement |
6 | | shall be reduced to writing and published on the website of the |
7 | | public employer. Upon ratification, the agreement shall be |
8 | | signed by the parties. Rejection of an agreement by either the |
9 | | public employer or the exclusive representative of the |
10 | | bargaining unit shall not constitute an unfair labor practice. |
11 | | For purposes of this subsection (e), "public employer" does not |
12 | | include the State of Illinois as an employer. |
13 | | (f) No collective bargaining agreement shall be binding on |
14 | | any government agency until it has been ratified by a majority |
15 | | vote of the agency's governing body, with that vote taking |
16 | | place after the public meeting described in subsection (e) of |
17 | | this Section. A collective bargaining agreement entered into |
18 | | with the State of Illinois as a public employer shall not |
19 | | require ratification by vote. |
20 | | (g) In addition to any collective bargaining agreement |
21 | | under this Section, any contract between a public employer and |
22 | | an employee where the total compensation exceeds $150,000 shall |
23 | | also be published on the employer's website for a period of not |
24 | | less than 14 days prior to being signed by both the employer |
25 | | and the employee. |
26 | | If a public contract requires board approval before it may |
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1 | | take effect, then not less than 14 days after publication of |
2 | | the contract on its website, the public employer shall hold an |
3 | | open public meeting on the contract. No contract shall take |
4 | | effect until after the public employer publishes the contract |
5 | | on its website and holds an open public meeting on the contract |
6 | | as required under this subsection (g). |
7 | | (Source: P.A. 97-1158, eff. 1-29-13; 98-1004, eff. 8-18-14.)
|
8 | | (5 ILCS 315/24) (from Ch. 48, par. 1624)
|
9 | | Sec. 24. Meetings. Except as provided in Section 7 of this |
10 | | Act, the The provisions of the Open Meetings Act shall not
|
11 | | apply to collective bargaining negotiations and grievance |
12 | | arbitration conducted
pursuant to this Act.
|
13 | | (Source: P.A. 83-1012.)
|
14 | | Section 20. The Illinois Educational Labor Relations Act is |
15 | | amended by changing Sections 10 and 18 as follows:
|
16 | | (115 ILCS 5/10) (from Ch. 48, par. 1710)
|
17 | | Sec. 10. Duty to bargain. (a) An educational employer and
|
18 | | the exclusive representative have the authority and the duty to |
19 | | bargain
collectively as set forth in this Section. Collective |
20 | | bargaining is the
performance of the mutual obligations of the |
21 | | educational employer and the
representative of the educational |
22 | | employees to meet at reasonable times and
confer in good faith |
23 | | with respect to wages, hours and other terms and
conditions of |
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1 | | employment, and to execute a written contract incorporating
any |
2 | | agreement reached by such obligation, provided such obligation |
3 | | does not
compel either party to agree to a proposal or require |
4 | | the making of a concession.
|
5 | | (b) The parties to the collective bargaining process shall |
6 | | not effect
or implement a provision in a collective bargaining |
7 | | agreement if the
implementation of that provision would be in |
8 | | violation of, or inconsistent
with, or in conflict with any |
9 | | statute or statutes enacted by the General
Assembly of |
10 | | Illinois. The parties to the collective bargaining process
may |
11 | | effect or implement a provision in a collective bargaining |
12 | | agreement if
the implementation of that provision has the |
13 | | effect of supplementing any
provision in any statute or |
14 | | statutes enacted by the General Assembly of
Illinois pertaining |
15 | | to wages, hours or other conditions of employment;
provided |
16 | | however, no provision in a collective bargaining agreement may |
17 | | be
effected or implemented if such provision has the effect of |
18 | | negating,
abrogating, replacing, reducing, diminishing, or |
19 | | limiting in any way any
employee rights, guarantees or |
20 | | privileges pertaining to wages, hours or
other conditions of |
21 | | employment provided in such statutes. Any provision in
a |
22 | | collective bargaining agreement which has the effect of |
23 | | negating,
abrogating, replacing, reducing, diminishing or |
24 | | limiting in any way any
employee rights, guarantees or |
25 | | privileges provided in an Illinois statute or
statutes shall be |
26 | | void and unenforceable, but shall not affect the
validity, |
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1 | | enforceability and implementation of other permissible |
2 | | provisions
of the collective bargaining agreement.
|
3 | | (c) The collective bargaining agreement negotiated between |
4 | | representatives
of the educational employees and the |
5 | | educational employer shall contain
a grievance resolution |
6 | | procedure which shall apply to all employees in the
unit and |
7 | | shall provide for binding arbitration of disputes concerning |
8 | | the
administration or interpretation of the agreement. The |
9 | | agreement shall
also contain appropriate language prohibiting |
10 | | strikes for the duration of
the agreement. The costs of such |
11 | | arbitration shall be borne equally by the
educational employer |
12 | | and the employee organization.
|
13 | | (d) Notwithstanding any other provision of this Act, once |
14 | | Once an agreement is reached between representatives of the |
15 | | educational
employees and the educational employer concerning |
16 | | the terms of a collective bargaining agreement, that and is |
17 | | ratified by both parties, the
agreement shall be reduced to |
18 | | writing and published on the website of the educational |
19 | | employer. Not less than 14 days after publication of the |
20 | | agreement on its website, the educational employer shall hold |
21 | | an open public meeting on ratification of the agreement. No |
22 | | agreement concerning all of the terms of a collective |
23 | | bargaining agreement shall be ratified by the parties until |
24 | | after the educational employer publishes the agreement on its |
25 | | website and holds an open public meeting on ratification of the |
26 | | agreement as required under this subsection (d). Upon |
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1 | | ratification, the agreement shall be signed by the parties. |
2 | | Rejection of an agreement by the educational employer or by the |
3 | | exclusive representative of the educational employees shall |
4 | | not constitute an unfair labor practice.
|
5 | | (e) No collective bargaining agreement shall be binding on |
6 | | any school board until it has been ratified by a majority vote |
7 | | of the district's school board, with that vote taking place |
8 | | after the public meeting described in subsection (d) of this |
9 | | Section. |
10 | | (Source: P.A. 84-832.)
|
11 | | (115 ILCS 5/18) (from Ch. 48, par. 1718)
|
12 | | Sec. 18. Meetings. Except as provided in Section 10 of this |
13 | | Act, the The provisions of the Open Meetings Act shall not
|
14 | | apply to collective bargaining negotiations and grievance |
15 | | arbitrations conducted
pursuant to this Act.
|
16 | | (Source: P.A. 83-1014.)
|
17 | | Section 99. Effective date. This Act takes effect upon |
18 | | becoming law.".
|