The Public Access Counselor for the Illinois Attorney General’s (“PAC”) July 20, 2026, binding opinion (Public Access opinion 26-007) found public bodies cannot take final action on a matter unless the agenda for an open meeting identifies the general subject matter of that action, or it is a violation of Section 2.02(c) of the Illinois Open Meetings Act (“OMA”).

The relevant portion of Section 2.02(c) of the OMA states: “Any agenda required under this Section shall set forth the general subject matter of any resolution or ordinance that will be the subject of final action at the meeting.” 5 ILCS 120/2.02(c). The PAC explained that “final action” is construed by Illinois courts as a public vote that brings a matter to a resolution as final action.

A township board approved the creation of five new employment positions during its meeting without setting forth the general subject matter of that action on the posted meeting agenda. Although the agenda included “Approval of Supervisor’s Report,” the PAC concluded this description did not adequately notify the public that the township board would vote to create new employment positions and therefore, they found the township board violated Section 2.02(c) of the OMA. The PAC directed the township board to post a compliant agenda and re-vote on the creation of the five new employment positions.

Additionally, the PAC found the township board satisfied the requirement for a public recital under Section 2(e) of the OMA, which states, in relevant part, “[f]inal action shall be preceded by a public recital of the nature of the matter being considered and other information that will inform the public of the business being conducted.” 5 ILCS 120/2(e). The PAC determined that before the vote was taken, the township supervisor identified the proposed positions and justification for each position. The recital did not need to include salaries, benefits, or other financial details associated with the employment positions.

The takeaway is that the PAC expects agendas to give sufficient detail in the listing of the agenda item to allow members of the public to understand what is likely to be voted on and whether they would then decide to attend the meeting. Sometimes the level of detail needed is in the eye of the beholder. Furthermore, the PAC expects that the final action vote shall be preceded by a public recital of the nature of the matter being considered and other information that will inform the public of the business being conducted.

For more information about this article, please contact Haley Peters at hpeters@tresslerllp.com.

About Haley Peters

Haley Peters is an associate in Tressler’s Local Government Practice Group. Haley concentrates her practice on serving cities and villages. Her practice emphasizes day-to-day operations and general corporate counsel matters for municipalities, counties, townships, park districts, and other taxing bodies. This includes liquor-related matters, planning and zoning matters, development, and employment matters. Read Haley’s full bio here.