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Are Board Meetings Subject to the Restrictions in the Regional Mitigation Measures?

Nov 17, 2020

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With all regions in the State operating under mitigation measures which include limits for in-person meetings (10 or 25 persons depending on the region), there is great confusion about whether these measures apply to public bodies holding meetings to conduct public business under the Open Meetings Act (OMA). Based on our detailed review of several key documents, and as set forth in more detail below, such meetings are exempt from the 10 or 25-person mitigation measure for meetings. That said, we recommend that public bodies at least consider the option to hold remote meetings during times when the Governor or IDPH Director has declared a public-health related disaster for all or part of the area covered by the public body’s jurisdiction, as now permitted under OMA Section 7(e). 5 ILCS 120/7(e).  Additionally, Boards should, whenever possible, attempt to limit gatherings consistent with these mitigation measures in order to assist community health organizations.