City Council held a closed session, citing the litigation exception ot the Open Meetings Act, to discuss termination of an agreement with Town of Normal. State's Attorney filed request for review with Illinois Attorney General (AG), questioning City Council's use of the litigation exception. AG opined that City Council violated the Act by engaging in discussion not focused on litigation but on other matters. Circuit court reversed AG's binding determination. The AG's determination that City Council improperly invoked litigation exception, as litigation was not probable or imminent pursuant to section 2(c)(11) of the Act. Even if City Council lawfully closed the meeting, City Council violated the Act by failing to abide by the conditions that confined their discussion to probable or imminent litigation. (HOLDER WHITE and STEIGMANN, concurring.)
Illinois Appellate Court
Civil Court
Open Meetings Act