Understanding How Informal Meetings Can Trigger Open Meetings Act

On August 12, 2025, the Illinois Attorney General’s Public Access Counselor (the “PAC”) issued binding opinion 25-011, finding that the Washington County Board (the “County Board”) violated the Open Meetings Act (the “OMA”) by attending an informational meeting hosted by a private company regarding a proposed energy project in Washington County. The PAC’s decision analyzed whether the informational meeting was “held for the purpose of discussing public business” as required by the OMA to find that a “meeting” had occurred. Ultimately, the PAC found that the informational meeting met the definition of a “meeting” based upon the impact the proposed project would have on Washington County and the County Board’s participation in the “collective inquiry phase of deliberations by gathering and exchanging information in anticipation of possibly taking future action.” Therefore, the PAC found that the County Board violated the OMA by holding the informational meeting without providing the requisite public notice or complying with the other requirements of the OMA (agenda, minutes, public comment, etc.).

Members of public bodies must always be cognizant of their attendance at or participation in informational meetings or other informal gatherings of the public body to ensure that their attendance and/or participation does not trigger the requirements of the OMA. For any questions relating to the Open Meetings Act or Public Access Opinion 25-011, please contact your Robbins Schwartz attorneys.