LM summer 2023

Legal Corner

Chad Watkins IASA Associate Director/General Counsel

To help school leaders navigate uncertain times, IASA has partnered with leading law firms throughout Illinois to provide districts with critical guidance during the 2023–24 school year. In every issue of Leadership Matters, the IASA Legal Corner will showcase an article written by attorneys who specialize in legal matters related to education. It is our hope you find the content insightful, timely and helpful in addressing the critical matters you face.

This month, Kerry Pipal, an attorney with HLERK, writes about how a recent closed session discussion by a city county of personnel matters violated the Open Meetings Act. As a reminder, IASA Legal Corner articles are provided for informational purposes only, and you are advised to contact your district counsel for legal advice. Click on the link below to access the article

Closed Session Discussion of General Personnel Matters, including Salaries and Potential New Employment Positions Violated the OMA

In a nonbinding opinion, the Public Access Counselor (“PAC”) found that a city council violated the Open Meeting Act (“OMA”) when it improperly discussed certain matters during closed session that were outside the scope of the cited exception. During one meeting, the city council cited Section 2(c)(1) of the OMA, which allows public bodies to enter closed session to discuss “[t]he appointment, employment, compensation, discipline, performance, or dismissal of

specific employees…” During the closed session, the city council discussed a discrimination complaint against the city that was filed with the EEOC and its implications, including potentially hiring a future qualified minority applicant to fill a new employment position in response to the EEOC complaint. Upon review, the PAC emphasized that because the conversation centered... (continue reading)...

23 LM Summer 2023