G-830 - 04/10/2007 - BOARD - Ordinances Supporting DocumentsI'IEAM 9.11. 1)
AGENDA ITEM
Regular Board of Trustees Meeting
of
April 10, 2007
SUBJECT: Destruction of Audio Tapes of Closed Board Meetings
FROM: Linda K. Gonnella, Village Clerk
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move for passage of Ordinance G -830, An Ordinance
Amending Title 1, Chapter 4, Article B, Section 6 of the Village Code of the Village of Oak
Brook, Illinois to Establish Procedures to Authorize the Destruction of the Verbatim
Record of Closed Meetings of the Village of Oak Brook Board of Trustees
Background/History:
The Open Meetings Act permits the destruction of the verbatim record of closed meetings (the
audio tape) no less than eighteen (18) months after the completion of the meeting recorded, but
only after the public body approves the destruction of a particular recording and also approves
the minutes of the closed meeting. I requested an opinion from Assistant Village Attorney
Gosselar in improving the method of destruction of audio recordings of closed meetings. She
has recommended the following that, absent litigation in which a particular tape could be
advantageous to the Village, there is no advantage whatsoever to retaining tapes after the
required period, and many advantages to destroying such tapes promptly. If the tapes are
destroyed, as permitted, there would still be minutes of the meetings, and the Board members
and the Director could refer to these for information.
The Act requires that the Board approve destruction of a particular recording, so there are two
options: (i) Prepare an ordinance every six (6) months to destroy all tapes that are no less than
eighteen (18) months old; or (ii) Approve destruction of the tape of a specified meeting that is no
less than eighteen (18) months old under the Board's consent agenda (see draft ordinance
attached). The first option would mean that some tapes would be held for a period of time after
they are eighteen (18) months old. Because of this, it is my opinion and recommendation that
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the second option be implemented. Thus, there could be a consent agenda item authorizing
destruction of a tape that is eighteen (18) months old at the time of any particular Board meeting.
Even with this procedure in place, the Manager, the Village Attorney, or a Trustee could
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.
She has prepared a draft ordinance amending Title 1, Chapter 4, Article B, Section 6 to substitute
new provisions for subsections C and D. These modified provisions do two things: (i) they no
longer provide for the release of verbatim recordings, as it is her opinion that audio tapes should
never be released; and (ii) they provide a means of authorizing the destruction of tapes over
eighteen (18) months old on the consent agenda at any regular Village Board meeting after such
a tape has reached that age.
Recommendation:
I move for passage of Ordinance G -830, An Ordinance Amending Title 1, Chapter 4, Article B,
Section 6 of the Village Code of the Village of Oak Brook, Illinois to Establish Procedures to
Authorize the Destruction of the Verbatim Record of Closed Meetings of the Village of Oak
Brook Board of Trustees
Last saved by administrator J \Backup \Board \Closed Mmutes\Destruction of Audio Tapes ProceduresAGENDA ITEM doc
Last printed 4/4/2007 5 47 PM
ITEM 10.11.3 )
AGENDA ITEM
Regular Board of Trustees Meeting
of
February 13, 2007
SUBJECT: Authorization for Destruction of Verbatim Recordings of Closed Meetings
FROM: Linda K. Gonnella, Village Clerk
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve passage of Ordinance G -830, "An
Ordinance Amending Title 1, Chapter 4, Article B, Section 6 of the Village Code of the
Village of Oak Brook, Illinois to Establish Procedures to Authorize the Destruction of the
Verbatim Record of Closed Meetings of the Village of Oak Brook Board of Trustees"
Background/History:
In a more timely method to review the authorization to destroy verbatim recordings of closed
meetings rather than every six months as designated in Ordinance 2004- VCODE- CL -MTG-
PLCY -G -739, Assistant Village Attorney Gosselar has drafted a proposed Ordinance that
authorizes the destruction of verbatim recordings as a consent agenda item at any regular Village
Board meeting.
The Open Meetings Act requires that the Board approve destruction of a particular recording, so
there are two options: (i) Prepare an ordinance every six (6) months to destroy all tapes that are
no less than eighteen (18) months old; or (ii) approve destruction of the tape of a specified
meeting that is no less than eighteen (18) months old under the Board's consent agenda. The first
option would mean that some tapes would be held for a period of time after they are eighteen
(18) months old. Because of this, Attorney Gosselar recommends that the second option be
implemented. Thus, there could be a consent agenda item authorizing destruction of a tape that
is eighteen (18) months old at the time of any particular Board meeting.
Even with this procedure in place, the Manager, the Village Attorney, or a Board member could
recommend or request that a particular tape be held. In order to retain a particular tape, a Trustee
Last saved by administrator J \Backup \Board \Closed Mmutes\Destruction of Audio Recordings Ord AGENDA ITEM doc
Last printed 2/1/2007 5 17 PM
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.
The draft ordinance amends Title I. Chapter 4, Article B, Section 6 to substitute new provisions
for subsections C and D. These modified provisions do two things: (i) they no longer provide for
the release of verbatim recordings, Assistant Village Attorney Gosselar recommends that audio
tapes should never be released; and (ii) they provide a means of authorizing the destruction of
tapes over eighteen (18) months old on the consent agenda at any regular Village Board meeting
after such a tape has reached that age.
Recommendation:
I recommend passage of Ordinance G -830, "An Ordinance Amending Title 1, Chapter 4, Article
B, Section 6 of the Village Code of the Village of Oak Brook, Illinois to Establish Procedures to
Authorize the Destruction of the Verbatim Record of Closed Meetings of the Village of Oak
Brook Board of Trustees"
Last saved by administrator J \Backup\Board \Closed Mmutes\Destruction of Audio Recordings Ord AGENDA ITEM doc
Last printed 2/1/2007 5 18 PM