A. Background And Purpose: The Illinois Open Meetings Act requires all public bodies to keep minutes of their meetings, whether opened or closed. With the adoption of amendments to 5 Illinois Compiled Statutes 120/2.06, public bodies also must maintain a verbatim record of all closed meetings in the form of an audio or video recording. This section sets forth procedures to ensure that the President and Board of Trustees and all committees of the Village, other boards, other committees, commissions, and other bodies of the Village that are subject to the open meetings act (“subsidiary bodies”) comply with the requirements for closed sessions.
B. Closed Meeting Minutes: Minutes of a closed meeting shall comply with the same requirements applicable to minutes for an open meeting. Minutes of a closed meeting shall include, at a minimum, the date, time, and place of the meeting; the members of the public body that are present and those that are absent; a summary of discussion on all matters proposed, deliberated, or decided; and a record of any votes taken. The Open Meetings Act exemption or exemptions applicable to the closed session should be identified in the minutes of the closed session. Minutes of closed meetings shall not be released for public inspection to the extent that there is a need to preserve confidentiality of matters stated in those minutes.
C. Closed Meeting Verbatim Records: A verbatim record of each closed meeting is required and shall be subject to the following requirements:
1. Recordings: Verbatim records shall be made by audio or video recording. Each recording shall be labeled with the name of the meeting body and the date, time, and place of the meeting.
2. Confidentiality: All verbatim records of closed meetings are hereby declared to be confidential and not subject to release except pursuant to this subsection or as required by law.
3. Duties Of Clerk Or Designee: The Village Clerk, or his or her designee, shall be responsible for creating the verbatim record. After a closed meeting, the verbatim record shall be delivered immediately to the Village Clerk for storage in a secure location. The Village Clerk shall be responsible for maintaining, storing, and restricting access to all verbatim records.
4. Access To Verbatim Records: No individual, nor the President or a member of the Board of Trustees, nor any subsidiary body shall have access to any verbatim record of any closed session unless approved by one of the following specific methods:
a. Individuals: Unless otherwise required by law, no individual, including the President or a member of the Board of Trustees or any subsidiary body shall have access to any verbatim record unless specifically approved by an affirmative majority vote of the Board of Trustees taken at an open meeting. An individual who is granted the right to access a verbatim record shall do so only at the location where the verbatim record is stored and in the presence of the Village Clerk or his/her designee. No verbatim record shall be copied or taken out of the secured location where stored except as specifically allowed in this subsection or as otherwise required by law.
b. Subsidiary Bodies: A subsidiary body may access a verbatim record of one of the subsidiary body’s closed meetings only by an affirmative majority vote, taken at an open meeting, of all members of that subsidiary body then holding office. A subsidiary body shall review a verbatim record only at a duly noticed closed meeting of that subsidiary body.
c. Board of Trustees: The Board of Trustees may access a verbatim record of one of its closed meetings or of a closed meeting of any subsidiary body only by an affirmative majority vote of the Board of Trustees taken at an open meeting. The Board of Trustees shall review a verbatim record only at a duly noticed closed meeting of the Board of Trustees.
d. Village Clerk: The Village Clerk shall have access at all times to all verbatim records for the purpose of ensuring their proper care and protection. The Village Clerk may review a verbatim record, however, only if authorized to do so by an affirmative majority vote of the Board of Trustees taken at an open meeting.
e. Court: If the Village is directed by a court order issued in accordance with 5 Illinois Compiled Statutes 120/2.06 to deliver a verbatim record, then the Village Clerk or his/her designee shall deliver the relevant verbatim record to the court, after that record has been reviewed by the Village Attorney.
5. Verbatim Record Not Official Record: A verbatim record shall not be part of the official public record of any meeting. Rather, the approved minutes are to be deemed the official record of the meeting.
6. Notification Of Destruction Of Verbatim Record: Verbatim records may be destroyed where approved by an affirmative majority vote of the Board of Trustees, in compliance with the Open Meetings Act.
D. Review And Release Of Closed Meeting Minutes And Verbatim Records:
1. Review Of Minutes: No less than twice each year, the President and Board of Trustees, and each subsidiary body shall review its closed meeting minutes to determine if they are eligible for release to the public. In its review, the President and Board of Trustees or subsidiary body shall determine if the minutes contain information that continues to require confidential treatment. Only portions of written minutes that no longer require confidential treatment shall be released. Written minutes shall not be released unless approved by an affirmative majority vote of the Board of Trustees or subsidiary body taken in public session.
2. Review Of Verbatim Records: Pursuant to subsection C2 of this section, verbatim records always are, per se, confidential. Not less than twice each year, the Village Clerk shall provide a list to the President and Board of Trustees and to the relevant subsidiary body of existing verbatim records, the review of which list by the Village Clerk, by the President and Board of Trustees, and by the subsidiary body, if any, shall constitute review of the verbatim records. The President and Board of Trustees or the relevant subsidiary body may undertake a further review of a verbatim record, but only in accordance with subsection C4 of this Section.
(Ord. 723, passed 7-17-2012)