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R-1015 - 04/08/2008 - BOARD - Resolutions Supporting Documents''►�; AGENDA ITEM Regular Board of Trustees Meeting of April 8, 2008 SUBJECT: Destruction of Audio Tapes of Closed Board Meetings FROM: Charlotte K. Pruss, Village Clerk BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move for passage of Resolution R -1015, A Resolution Authorizing the Destruction of the Verbatim Record of Closed Meetings of the Village of Oak Brook Board of Trustees Background/Histor_y: At the Village Board meeting of April 10, 2007 the Village Board passed Ordinance G -830 which established procedures to authorize the destruction of the verbatim record of closed meetings of the Village of Oak Brook Board of Trustees. The audio recording of the September 12, 2006 Closed Meeting is before the Board to consider under the consent agenda for the approval of its destruction. This verbatim recording is eighteen (18) months old and minutes have been approved for the meeting. A favorable vote shall be deemed to authorize the Village Clerk to destroy the verbatim records of such closed meetings in a suitable manner. Under separate cover in a confidential envelope are the minutes of this closed meeting to indicate they were written and provide the context of the meeting. Even with this procedure in place, the Manager, the Village Attorney, or a Trustee may recommend or request that a particular tape be held. In order to retain a particular tape, a Trustee would need to request that the item be removed from the consent agenda for separate consideration and denial of approval for destruction. In most instances, however, it is in the Village's best interest to destroy the tapes as soon as legally possible, as indicated above. Last saved by charty J \AGENDA MEMOS \Destruction of Tapes AGENDA ITEM doc Last printed 4/1/2008 8 43 AM Recommendation: I recommend passage of Resolution R -1015, A Resolution Authorizing the Destruction of the Verbatim Record of Closed Meetings of the Village of Oak Brook Board of Trustees as authorized by State Statute. Last saved by charty J AGENDA MEMOS\Destruction of Tapes AGENDA ITEM doc Last printed 4/1/2008 8 43 AM RESOLUTION 2008- BD- CL- REC -D -R -1015 A RESOLUTION AUTHORIZING THE DESTRUCTION OF AUDIO RECORDINGS OF CLOSED MEETINGS WHEREAS, the Open Meetings Act requires governmental bodies to audio or video record their closed meetings, and WHEREAS, the Village of Oak Brook has complied with that requirement; and WHEREAS, the Open Meetings Act permits governmental bodies to destroy the verbatim record of closed meetings without notification to or the approval of a Records Commission or the State Archivists not less than eighteen (18) months after the completion of the meeting recorded, but only after 1) It approves the destruction of a particular recording, and 2) It approves the written minutes of the closed meeting; and WHEREAS, for the verbatim record by audio tape of the Village of Oak Brook Board of Trustees ( "Board ") meetings set forth in Section 1 of this Resolution, at least eighteen (18) months have passed since the completion of those meetings, and the Board has approved written minutes for each of the meetings or portions of meetings set forth in Section 1; and WHEREAS, the Board may order the destruction of the verbatim record even if it continues to withhold the approved written minutes of the closed session until some later period of time NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows Section 1: Based upon the statements made within the preamble to this Resolution, the President and Board of Trustees of the Village of Oak Brook hereby order the destruction of the verbatim records, being audio tapes of the full meeting, or portion of, the September 12, 2006 meeting. Section 2 The Village Clerk is hereby authorized and directed to destroy said audio records Section 3 This resolution shall be in full force and effect from and after its passage and approval as provided by law. APPROVED THIS 8th day of April, 2008 PASSED THIS 8th day of April, 2008. Ayes Nays Absent. John W. Craig Village President Resolution 2008- BD- CL- REC -D -R -1015 Destroy Audio Records Page 2 of 2 ATTEST Charlotte K. Pruss Village Clerk