R-937 - 02/28/2006 - BOARD - Resolutions Supporting DocumentsITEM 10.11.2)
AGENDA ITEM
Special Meeting of the Board of Trustees
of
February 13, 2006
SUBJECT: Authorization for Destruction of Verbatim Recordings of Closed Sessions
FROM: Linda K Gonnella, Village Clerk
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move for passage of Resolution R -937, "A Resolution
Authorizing the Destruction of Audio Recording of Closed Meeting Session.".
Background/History:
The Village Board at their January 15, 2004 Board meeting approved Ordinance 2004- VCODE-
CL-MTG- PLCY -G -739 which required a verbatim record shall be kept of all meetings of the
Trustees of the Village of Oak Brook and of all meetings of any other boards, commissions or
other subsidiary "public body" of the Village of Oak Brook (as defined by the Illinois Open
Meetings Act, 5 ILCS 120/2 et, seq) which are closed to the public. Semi - annually, at the
second regular Board meeting of the corporate authorities, in January and July, the agenda shall
included the following item: "Authorization for destruction of verbatim recordings of closed
sessions " The Village Clerk shall present a list to the corporate authorities of the dates of closed
sessions where
1. A verbatim recording exists;
2. The corporate authorities have approved the minutes of the closed meeting as to form,
regardless of whether the minutes have been released for public review, and
3. There have been more than eighteen (18) months since the date of the closed meeting
The corporate authorities shall consider whether to authorize destruction of the verbatim
recordings of those meetings. When ordered by the corporate authorities, the Village Clerk shall
destroy the recording of that closed meeting in a suitable manner. Per The Public Act, "The
verbatim record of a meeting closed to the public shall not be open for public inspection or
Last saved by administrator C \Documents and Settings\lgonnell\My Documents \Board \Closed Nfinutes \Ordinance for Verbatim Recordings
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subject to discovery in any administrative proceeding other than one brought to enforce this
Act." Per the Public Act, this is being done in order to prevent a violation of the Open Meetings
Act and in order to be in compliance with the State Statute.
Recommendation:
I move to authorize the destruction of verbatim recordings of closed sessions from February 24,
2004 through June 30, 2004. The audio recordings of the closed meetings dealt with minutes
being reviewed, litigation and personnel issues
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I' EAM '9911 * 0
AGENDA ITEM
Regular Board of Trustees Meeting
of
February 28, 2006
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 for passage of Resolution R-937, "A Resolution
Authorizing the Destruction of Audio Recordings of Closed Meetings.".
Background/History:
The Village Board at their Special Meeting of February 13, 2006 continued this agenda item to
the next regularly scheduled Village Board meeting of February 28, 2006 so that Trustee Atkiptis
could review the audio recordings of the closed meetings
The Village Board at their January 15, 2004 Board meeting approved Ordinance 2004- VCODE-
CL-MTG- PLCY -G -739 which required a verbatim record shall be kept of all meetings of the
Trustees of the Village of Oak Brook and of all meetings of any other boards, commissions or
other subsidiary "public body" of the Village of Oak Brook (as defined by the Illinois Open
Meetings Act, 5 ILCS 120/2 et, seq,) which are closed to the public. Semi - annually, at the
second regular Board meeting of the corporate authorities, in January and July, the agenda shall
included the following item: "Authorization for destruction of verbatim recordings of closed
sessions." The Village Clerk shall present a list to the corporate authorities of the dates of closed
sessions where-
1. A verbatim recording exists;
2. The corporate authorities have approved the minutes of the closed meeting as to form,
regardless of whether the minutes have been released for public review, and
3 There have been more than eighteen (18) months since the date of the closed meeting.
Last saved by administrator C \Documents and SethngsugonneffilWy Documents\Board \Ordinance for Verbatim Recordings AGENDA
The corporate authorities shall consider whether to authorize destruction of the verbatim
recordings of those meetings. When ordered by the corporate authorities, the Village Clerk shall
destroy the recording of that closed meeting in a suitable manner. Per State Statute, "The
verbatim record of a meeting closed to the public shall not be open for public inspection or
subject to discovery in any administrative proceeding other than one brought to enforce this Act.
In the case of a civil action brought to enforce this Act, the court may conduct such in camera
examination of the verbatim record as it finds appropriate in order to determine whether there
has been a violation of this Act. In the case of a criminal proceeding, the court may conduct an
in camera examination in order to determine what portions, if any, must be made available to the
parties for use as evidence in the prosecution. If the court or administrative hearing officer
determines that a complaint or suit brought for noncompliance under this Act is valid it may, for
the purposes of discovery, redact from the minutes of the meeting closed to the public any
information deemed to qualify under the attorney- client privilege The provisions of this
subsection do not supersede the privacy or confidentiality provisions of the State or federal law."
Per State Statute, this is being done in order to prevent a violation of the Open Meetings Act and
in order to be in compliance with the State Statute.
Recommendation:
I move to authorize the destruction of verbatim recordings of closed sessions from February 24,
2004 through June 30, 2004. The audio recordings of the closed meetings dealt with minutes
being reviewed, litigation and personnel issues.
Last saved by administrator C \Documents and SettingAgonneIBIVy Documents\SoarMOrdmance for Verbatim Recordings AGENDA
RESOLUTION 2006- BD- CL- REC -D -R -937
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(s) 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 orders the destruction of the verbatim records being
audio tapes of the following full meetings or portions of meetings
February 24, 2004, April 13, 2004, May 11, 2004, May 25, 2004, June 8, 2004,
June 29, 2004, June 30, 2004 (9 00 a m ), June 30, 2004 (6 00 p m )
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 28th day of February, 2006
Kevin Quinlan
Village President
PASSED THIS 28th day of February, 2006.
Ayes
Nays
Absent