R-964 - 03/13/2007 - BOARD - Resolutions Supporting DocumentsJ
IT17A 'I `),It, I)
s B 91 ;6 °9B
AGENDA ITEM
Regular Board of Trustees Meeting
of
March 13, 2007
SUBJECT: Destruction of Verbatim Audio Recordings of Closed Meetings
FROM: Linda K. Gonnella Village Clerk L�_k
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move for passage of Resolution R -964, A Resolution
Authorizing the Destruction of Audio Recordings of Closed Meetings
Backizround/History:
This agenda item was continued from the February 27, 2007 Board meeting due to the subpoena
received by the Village. None of the listed audio recordings refers to any of the subject matter
requested in that subpoena. I have further clarified the exact matter that was discussed in all of
the closed meetings as listed in Exhibit A. The State of Illinois requires the verbatim recordings
of closed meetings to assure the enforcement of the Open Meetings Act. Actions to enforce the
Open Meetings Act must be brought within either 60 days of the challenged meeting or within 60
days of discovery of the violation. Therefore destruction of the recordings after 18 months more
than provides time for any requirement to provide the recordings to a court for an in camera
examination of the verbatim record as it finds appropriate in order to determine whether there
has been a violation of this Act.
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
Last saved by administrator J \Backup\Board \Closed Mlnutes\Resolutlon for Destruction of Verbatim Recordings AGENDA ITEM doc
Last printed 3/7/2007 9 00 AM
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
subject to discovery in any administrative or judicial proceeding other than one brought to
enforce this Act."
Recommendation:
To authorize the destruction of verbatim recordings of closed sessions from July, 2004 through
June 14, 2005.
Last saved by administrator J \Backup\Board \Closed Mlnutes\Resolutlon for Destruction of Verbatim Recordings AGENDA ITEM doc
Last printed 3/7/2007 9 00 AM
EXHIBIT A
CLOSED SESSION REVIEW
July, 2004 — June, 2005
MEETING
DATE
STATUS
ITEM TITLE
07/06/04
R (Candidates names not released)
Personnel — Police Chief
07/09/04
R
Personnel — Police Chief
07/12/04
R (Candidates names not released)
Personnel — Police Chief
07/13/04
R
Personnel — Police Chief
07/16/04
R
Personnel — Police Chief
08/30/04
R
Personnel — Police Chief
09/28/04
R
Litigation - DPH
11/17/04
R
Personnel — Police Chief
12/14/04
R
Set Price of Property
01110105
R
Litigation — DPH &
Personnel
01/17/05
R
Litigation —E. Bldrs.
02/22/05
R
Collective Bargaining
03/16/05
R
Personnel — Police Chief
03/29/05
R
Litigation - DPH
04/26/05
R
Collective Bargaining,
Personnel — V.Mgr.
05110105
R
Litigation — Quinlan v.
Atkipis
06/14/05
R
Personnel — Fire Chief
AGENDA ITEM
Regular Board of Trustees Meeting
of
February 13, 2007
SUBJECT: Destruction of Verbatim Audio Recordings of Closed Meetings
FROM: Linda K. Gonnella, Village Clerk
BUDGET SOURCE/BUDGET IMPACT: N/A
IT17A i 9.11. 2 )
i) jut
RECOMMENDED MOTION: I move for passage of Resolution R -964, A Resolution
Authorizing the Destruction of Audio Recordings of Closed Meetings
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 J \Backup\Board \Closed Mlnutes\Resolutlon for Destruction of Verbatim Recordings AGENDA ITEM doc
Last printed 2/2/2007 1139 AM
subject to discovery in any administrative proceeding other than one brought to enforce this
Act."
Recommendation:
To authorize the destruction of verbatim recordings of closed sessions from July, 2004 through
June 14, 2005.
Last saved by administrator J \Backup \Board \Closed Mmutes\Resolution for Destruction of Verbatim Recordings AGENDA ITEM doc
Last printed 2/2/2007 1139 AM
RESOLUTION 2007- BD- CL- REC- D -EX1 -R -964
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 orders the destruction of the verbatim records being
audio tapes of the full meetings or portions of meetings attached hereto and made a part hereof as Exhibit A
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 13th day of February, 2007
Kevin Quinlan
Village President
PASSED THIS 13th day of February, 2007
Ayes
Nays
Absent
Resolution 2007- BD- CL- REC- D -EX1 -R -964
Authorizing Destruction of Audio
Recordings of Closed Meeting Sessions
Page 2
ATTEST
Linda K Gonnella, CMC
Village Clerk
EXHIBIT A
CLOSED SESSION REVIEW
July, 2004 — June; 2005
MEETING
DATE
STATUS
ITEM TITLE
07/06/04
R (Candidates names not released)
Personnel — Police Chief
07/09/04
R
Personnel
07/12/04
R (Candidates names not released)
Personnel — Police Chief
07/13/04
R
Personnel
07/16/04
R
Personnel
08/30/04
R
Personnel
09/28/04
R
Litigation
11/17/04
R
Personnel
12/14/04
R
Set Price of Property
01110105
NR (Names not to be released)
Litigation
01/17/05
R
Litigation
02/22/05
R
Collective Bargaining
03/16/05
R
Personnel
03/29/05
R
Litigation
04/26/05
R
Collective Bargaining,
Personnel
05/10/05
R
Litigation
06/14/05
R
Personnel
- all
O Z )
AGENDA ITEM
Regular Board of Trustees Meeting
of
January 23, 2007
SUBJECT: Authorization for Destruction of Verbatim Recordings of Closed Meeting
FROM: Linda K. Gonnella, Village Clerk
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve passage of Resolution R -964, A
Resolution Authorizing the Destruction of Audio Recordings of Closed Meetings
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 State Statute, "The
verbatim record of a meeting closed to the public shall not be open for public inspection or
Last saved by administrator J \Backup\Board \Closed MlnutesWestructlon of Audio Recordings AGENDA ITEM doc
Last printed 1/18/2007 4 19 PM
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. The Closed Meeting Minutes of January 10,
2005 are also included as portions of those minutes are now allowed to be released to the public
as approved by Assistant Village Attorney Gosselar.
Recommendation:
I move to approve passage of Resolution R -964, A Resolution Authorizing the Destruction of
Audio Recordings of Closed Meetings.
Last saved by administrator J \Backup \Board \Closed Minutes \Destruction of Audio Recordings AGENDA ITEM doc
Last printed 1/18/2007 4 19 PM