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Docket No. 88597-Agenda 18-September 2000.

ILLINOIS PRESS ASSOCIATION et al., Appellees, v. GEORGE H. RYAN, Appellant.

Opinion filed January 19, 2001.

JUSTICE MILLER delivered the opinion of the court:

The plaintiffs, the Illinois Press Association and many of itsmember newspapers, brought this action for a declaratoryjudgment in the circuit court of Sangamon County against theGovernor of the State of Illinois, George H. Ryan. The plaintiffssought a determination that a provision of the Illinois Constitutionrequires that ethics commissions created under the State Gift BanAct (5 ILCS 425/1 et seq. (West 1998)) conduct their proceedingsin public. The circuit court held that proceedings of one of thecommissions established by the Act, that serving the legislativebranch, must be public, to comply with the constitution. TheGovernor brings this appeal. 134 Ill. 2d R. 302(a)(1).

The State Gift Ban Act prohibits various officers andemployees of the three branches of state government fromsoliciting or receiving gifts from certain sources. To enforce theprovisions of the legislation, the Act establishes separate ethicscommissions, applicable to employees and officers of theexecutive branch generally, of four other constitutionaloffices-Attorney General, Secretary of State, Comptroller, andTreasurer-and of the legislative and judicial branches. 5 ILCS425/45 (West 1998). The Act also prescribes procedures that thecommissions must follow when considering ethics complaintsfiled against persons subject to the Act's requirements. The Actdirects the commissions to meet in closed session at various stagesof these proceedings. 5 ILCS 425/60(c), (d) (West 1998).

In May 1999, the Illinois Press Association and a number ofits members filed the instant action in the circuit court ofSangamon County. The plaintiffs sought a declaration that theethics commissions created by the Act must conduct theirproceedings in public. The plaintiffs argued that publicproceedings were required by article IV, section 5(c), of theIllinois Constitution, which provides:

"Sessions of each house of the General Assembly andmeetings of committees, joint committees and legislativecommissions shall be open to the public. Sessions andcommittee meetings of a house may be closed to thepublic if two-thirds of the members elected to that housedetermine that the public interest so requires; andmeetings of joint committees and legislative commissionsmay be so closed if two-thirds of the members elected toeach house so determine." Ill. Const. 1970, art. IV,