R-1579 - 08/09/2016 - BOARD - Resolutions Supporting Documents ITEM 8.A. 1)
BOARD OF TRUSTEES MEETING
VILLAGE of SAMUEL E. DEAN BOARD ROOM
OAK BF-9 , K BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
August 9, 2016
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-1579,A Resolution
Authorizing the Destruction of the Verbatim Record of Closed Meetings of the Village of
Oak Brook Board of Trustees
Background/History:
The Illinois Open Meetings Act, 5 ILCS 120/1 et seq. ("Act")permits the Village to destroy the
verbatim recordings of its closed meetings 18 months after the completion of the meeting
recorded if the Village Board: (i) approves the destruction of the verbatim recordings; and (ii)
approves the written minutes of the closed meeting.
In accordance with the Act, the Village has maintained verbatim recordings for more than 18
months and has approved the written minutes of all meetings of the Village Board of Trustees
that were closed to the public pursuant to the Act. Further, Ordinance G-830 passed on April 10,
2007 by the Village Board established procedures to authorize the destruction of the verbatim
record of closed meetings of the Village of Oak Brook Board of Trustees.
Closed meeting minutes corresponding with all retained recordings which occurred between
January 1, 2013 through December 31, 2014 have previously been approved. Obviously, any
recordings of closed meetings which are the subject of a Public Access Counselor (PAC)
challenge regarding either the Open Meetings Act or the Freedom of Information Act shall be
retained until those matters are resolved.No closed meetings during the time period of January 1,
2013 through December 31, 2014 involve any such challenges. Note: The only pending
challenge before the PAC in regard to closed meetings involves the closed minutes of December
11, 2012 which were approved on March 26, 2013 and released to the public as redacted.
BOT AGENDA Page 1
Subsequently, the Village Board unanimously approved Resolution R-1377 (attached) on June
10, 2014, which allowed for the destruction of all audio recordings occurring from January 1,
2011 through December 31, 2012. However, because of the pending PAC challenge, the Village
Clerk's office has retained the verbatim recording of the December 11, 2012 closed meeting.
Recommendation:
I recommend passage of Resolution R-1579.
BOT AGENDA Page 2
RESOLUTION 2016-BD-CL-REC-D-R-1579
A RESOLUTION AUTHORIZING THE DESTRUCTION OF VERBATIM RECORDINGS
OF CERTAIN CLOSED MEETINGS OF THE VILLAGE BOARD OF TRUSTEES
WHEREAS,the Open Meetings Act requires the Village to make verbatim recordings of its closed
meetings; and
WHEREAS, the Illinois Open Meetings Act, 5 ILCS 120/1 et seq. ("Act's permits the Village to
destroy the verbatim recordings of its closed meetings 18 months after the completion of the meeting
recorded if the Village Board: (i) approves the destruction of the verbatim recordings; and (ii)approves
the written minutes of the closed meeting; and
WHEREAS, in accordance with the Act, the Village has maintained verbatim recordings for more
than 18 months and has approved the written minutes of all meetings of the Village Board of Trustees
that were closed to the public pursuant to the Act; and
WHEREAS, pursuant to Section 2.06(c) of the Act, the President and Board of Trustees have
determined that it will serve and be in the best interests of the Village to destroy the verbatim recordings
of the closed meetings of the Village Board of Trustees that occurred from January 1, 2013 through
December 31, 2014; and
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: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Destruction of Verbatim Recordings. The President and Board of Trustees shall,
and do hereby, authorize and direct the Village Clerk to destroy all verbatim recordings of all closed
meetings of the Village Board of Trustees that occurred from January 1, 2013 through December 31,
2014.
Section 3: Effective Date. This Resolution shall be in full force and effect from and after its
passage by two-thirds of the Trustees and its approval in the manner provided by law.
APPROVED THIS 91h day of August, 2016.
Gopal G. Lalmalani,Village President
PASSED THIS 91h day of August, 2016.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss,Village Clerk
i
RESOLUTION 2014-BD-CL-REC-D-R-1377
A RESOLUTION AUTHORIZING THE DESTRUCTION OF VERBATIM RECORDINGS
OF CERTAIN CLOSED MEETINGS OF THE VILLAGE BOARD OF TRUSTEES
WHEREAS, the Open Meetings Act requires the Village to make verbatim recordings of its closed
meetings; and
WHEREAS,the Illinois Open Meetings Act, 5 ILCS 120/1 et seq. (`Act") permits the Village to
destroy the verbatim recordings of its closed meetings 18 months after the completion of the meeting
recorded if the Village Board: (i) approves the destruction of the verbatim recordings; and (ii)approves
the written minutes of the closed meeting; and
WHEREAS, in accordance with the Act, the Village has maintained verbatim recordings for more
than 18 months and has approved the written minutes of all meetings of the Village Board of Trustees
that were closed to the public pursuant to the Act; and
WHEREAS, pursuant to Section 2.06(c) of the Act, the President and Board of Trustees have
determined that it will serve and be in the best interests of the Village to destroy the verbatim recordings
of the closed meetings of the Village Board of Trustees that occurred from January 1, 2011 through
December 31, 2012: and
i
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: Recitals. The foregoing recitals a're hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Destruction of Verbatim Recordings. The President and Board of Trustees shall,
and do hereby, authorize and direct the Village Clerk to destroy all verbatim recordings of all closed
meetings of the Village Board of Trustees occurring from January 1, 2011 through December 31, 2012,
Section 3: Effective Date. This Resolution shall be in, ull force and effect from and after its
passage by two-thirds of the Trustees and its approval in the man ' r provided by law.
APPROVED THIS 10t"day of June, 2014 ,
Gopal G. Lalmalani
Village President
PASSED THIS 10"day of June,2014
Ayes: Trustees Adler, Baar, Manzo, MO Y, Wolin, Yusuf
Nays: None
Absent: None
'0 Off`.
r' ATT ST.
i._
Charlotte K. Pruss
Village Clerk