(A) Incorporation. The preambles in the ordinance codified herein be, and the same hereby are incorporated by this reference as if set out in full at this place.
(B) Written minutes requirement.
(1) The Village Clerk shall maintain written minutes of all regular or special Village Board meetings, workshops, Plan Commission and other committee meetings of the village government (“public body”), whether those meetings are open or closed for executive session (hereinafter “closed session”).
(2) The minutes shall include, but need not be limited to:
(a) The date, time and place of the meeting;
(b) The members of the public body recorded as either present or absent and whether the members were physically present or present by means of video, audio or other electronic means; and
(c) A summary of discussion on all matters proposed, deliberated or decided, and a record of any votes taken.
(C) Procedures for recording closed meetings.
(1) Recording closed sessions. The village through its Village Clerk or his or her designee shall keep a verbatim record of all closed sessions conducted by each public body. The verbatim record shall be in the form of an audio or video recording as determined by the corporate authorities.
(2) Responsibility for recording and maintaining records. The Village Clerk or his or her designee shall be responsible for arranging for the recording of all closed sessions of the Village Board. In the absence of the Village Clerk or his or her designee, the meeting Chair will arrange for the audio or video recording of the closed session of the Village Board. Each other public body shall designate an individual who will be responsible for the recording of any and all closed sessions of the public body and for providing a copy of the recording to the Village Clerk. The Village Clerk, or his or her designee, shall securely maintain the verbatim recordings of all closed sessions. (Optional).
(3) Procedure for recording. At the beginning of each closed session, those present shall identify themselves by voice for an audio recording. If the meeting is videotaped, those present shall individually appear on camera and identify themselves by voice at the beginning of the closed session. The meeting Chair shall also announce the time at which the closed session commences and concludes at the appropriate respective points in the recording.
(4) Back-up equipment and procedure for equipment malfunction. The village will maintain sufficient tapes, batteries and equipment for the village to comply with this section. The Village Clerk or his or her designee will periodically check the equipment to confirm that it is functioning. In the event that anyone present at a closed session determines that the equipment is not functioning properly, the closed session will be temporarily suspended in order to correct any malfunction. In the event that an equipment malfunction cannot be corrected immediately, the closed session will terminate until such time as the closed session may proceed with a functioning recording device.
(D) Review of closed meeting minutes and recordings.
(1) No less than semi-annually, each public body shall meet in closed session to review the minutes of all closed sessions, and the agenda and notice for the meeting shall include the item: “Executive session for the review of the minutes and recordings of all closed sessions that have not yet been released for public review and determination of which minutes, if any, may be released.”
(2) Minutes shall be reviewed in closed session and a determination made that: the need for confidentiality to protect the public interest or the privacy of an individual still exists as to all or part of those minutes; or that the minutes or portions thereof no longer require confidential treatment and should be available for public inspection. The determination shall be reported in an open session.
(3) The audio or video tape recordings of closed sessions shall be maintained for 18 months after the closed session and shall not be released to the public unless the release is required by court order or specifically authorized pursuant to division (D)(2) above. Members of the public body may listen to or view the closed session recordings in the presence of the Village Clerk or his or her designee. Copies of audio or video recordings shall not be made or provided to anyone, whether the request is made by the public or the corporate authorities unless specifically authorized by vote of the public body.
(4) The Village Clerk or his or her designee is hereby authorized to destroy the audio and video recordings of those closed sessions for which:
(a) The public body has approved the written minutes of the closed session as to accurate content and compliance with the requirements set forth in division (B) above, regardless of whether the minutes have been released for public inspection;
(b) More than 18 months have elapsed since the date of the closed meeting;
(c) There is no court order requiring the preservation of the recording; and
(d) The public body has not passed a motion requiring the preservation of the verbatim recording of the closed session.
(E) Public access and inspection of minutes and recordings.
(1) Written minutes of open meetings. The minutes for each open meeting shall be available for public inspection within seven days of the approval of the minutes by the public body.
(2) Written minutes of closed sessions. Minutes of closed sessions shall be available only after the public body determines that it is no longer necessary to protect the public interest or the privacy of an individual by keeping them confidential pursuant to division (D)(2) above. Written minutes of all closed sessions shall be kept indefinitely.
(3) Restriction on public release of recordings. Unless the public body has made a determination that the verbatim recording no longer requires confidential treatment or otherwise consents to disclosure, the verbatim record of a closing session shall not be open for public inspection or subject to discovery in any administrative or judicial proceeding other than one brought to enforce the Act or this section.
(Ord. 857, passed 3-21-2007)