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R-917 - 07/26/2005 - BOARD - Resolutions Supporting Documents— — _ — — - -_ - Item 10.D. `/ i�. `��� x,71► i?►�� � AGENDA ITEM Regular Board of Trustees Meeting of July 26, 2005 SUBJECT: 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 2005-BD-CL-REC-D-R- 917, A Resolution Authorizing the Destruction of Audio Recording of Closed Meeting Sessions Background /Historv: The Village Board at their January 15, 2004 Board meeting approved Ordinance 2004- ICODE- 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, commilssions 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 colrporate 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 Last saved by Default J \ALL DOCS \BOARD MEMOS \Destroy Audio doc Last printe i 7/22/2005 9 56 AM �% 10. C. 1) 0 __ 6 VILLA Trustee Yusuf requested that this agenda item be continued to the clos to review several alternatives regarding hiring of personnel. session Motion by Trustee Yusuf, seconded by Trustee Craig, that this agenda item be continued in closed session to review several alternatives regarding hiring of personnel. VOICE VOTE: Motion carried. 2) PROPOSAL TO CON STRUCTURE STUDY kN ORGANIZATIONAL EVALUATI The purpose of this study is to gain insight into the current condition of the Police Department and its organizational efficiency. A major focus of this study will be to review the job descriptions of each level within the police organization and to evaluate the effectiveness of the current rank structure. Motion by Trustee Yusuf, seconded by Trustee Kennedy, that this agenda item be continued to a closed session as this matter is relative to personnel. VOICE VOTE: Motion carried. A RESOLUTION Al CLOSED MEETINGS SESSIONS G THE DESTRUCTION OF AUDI 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: A verbatim recording exists; 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 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 OF OAK BROOK Minutes Page 6 of 8 July 26, 2005 10. 11 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 proceeding other than one brought to enforce this Act." Motion by Trustee Manofsky, seconded by Trustee Yusuf, for passage of R( 2005- BD- CL- REC -D -R -917, A Resolution Authorizing the Destruction c Recording of Closed Meeting Sessions. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusufl Nays: 0 -None. Absent: 0 - None. Motion carried. Trustee Yusuf explained that the purpose of the audio recordings of closed that began in January 2004 was to determine if a violation of the Open Me( in matters that should have been discussed in open meetings had occurnE Statute provides that the Board of Trustees is authorized to destroy the recc thorough minutes are kept of these meetings. )RMATION & UPDATE ,solution f Audio eetings igs Act State in2s as A. VILLAGE PRESIDENT - President Quinlan noted that he was happy to see' that the Board of Trustees was back on track for shorter meetings but that the Board would continue matters in a closed meeting. Again, he reminded residents to come and welcome the country of Barbados to the polo fields on Sunday. B. VILLAGE MANAGER - Manager Boehm announced that the Oak Brook Fire Department and the Village of Oak Brook would be honoring members of the Village's ornginal Volunteer Firefighters. A tribute will be given Thursday, July 28th at 1400 a.m. in the Wcst Wing Training Room of the Butler Government Center. Five of the former members will be honored and presented with a plaque of their service to the Village. C i VILLAGE CLERK - Clerk Gonnella reported that Governor Blagojevich signed into law two bills that affect the Village which is HB413 allows municipal officials to authorize the appointment of additional Deputy Clerks for municipalities under 500,000. She also commented that she is hopeful that the Board of Trustees would consider having another Deputy Clerk be appointed due to the amount of work in the Village Clerk's Department. Also, HB 1403 which the Governor signed into law reconstitutes the downstate fire pension boards so that there are three representatives from the fire department and two representatives from the municipality. Trustee Yusuf asked Attorney Kubiesa that it is his understanding that at such time that litigation is completed and the potential for litigation is completed that the minutes that were redacted would then be released to the public. Attorney Kubiesa indicated that this is correct. �LAGE OF OAK BROOK Minutes Page 7 of 8 July 2.6, 2005 verbatim) record of a meeting closed to the public shall not be open for public subject to discovery in any administrative proceeding other than one brought to Act." Recommendation: To autr January reviewe prize the destruction of verbatim recordings of closed sessions for January !75 2004 and to pass the attached Resolution. Both closed sessions dealt with and the 2004 Salary Pay Plan. Last saved byl Default J \ALL DOGS \BOARD MEMOS \Destroy Audio doc Last printed 71/22/2005 9 56 AM .-tion or rce this 13 and minutes ORDINANCE 2004- VCODE- CL -MTG- PLOY -G- 739 ORDINANCE ADOPTING A CLOSED SESSION RECORDING POLL WHEREAS, the State of Illinois has enacted Public Act 93 -523, which amendIs Section 2.06 of The Open Meetings Act ( "The Act "), 5 ILCS 120 /2.06, and WHEREAS, effective January 1, 2004 the Act requires that the Village of Oak Brook keep verbatim records of its closed or executive session meetings; I NOW, THEREFORE,BE IT ORDAINED by the President and Board of Trustees of the Village lof Oak Brook, DuPage and Cook Counties, Illinois, as follows: Section 1 - That Chapter 4B of Title 1 (Administration) of the Village Code of th'e Village of Oak Brook be amended by adding a new Section 1 -4B -6 to read as follows: -4B -6. Recording of Closed Sessions. �. A verbatim record shall be kept of all meetings of the Trustees of the Village of Oak 3rook ( "corporate authorities ") and of all meetings of any other boards, commissions or ther subsidiary "public body" of the Village of Oak Brook (as defined by the Illinois )pen Meetings Act, 5 ILCS 120/2 et. seq.) which are closed to the public. The iverbatim cord shall be in the form of an audio or video recording. In addition, minutes shall be .ept of all closed meetings in the manner required by the Illinois Open Meetings Act. 41nutes of closed meetings shall be placed before the corporate authorities or the ubsidiary body, as the case may be, for approval as to form and content as, soon as racticable following the closed meeting The Village Clerk, or his/her designee, shall -.curely maintain, in the Butler Government Center, the verbatim recordings and minutes f all closed sessions of the corporate authorities and all subsidiary public bodies of the Tillage. At the beginning of each closed session, those present shall identify themselves by oice for the audio recording. If the meeting is videotaped, at the beginning of the ieeting, those present shall individually appear on camera and identify themselves by oice. The presiding officer shall also anriounce the times the meeting commences and ads at appropriate points on the recording. I Semi- annually, at the second regular Board meeting of the corporate authonties, in inuary and July, the agenda shall include the following item: "Review of the minutes of 1 closed sessions that have not yet been released for public review and determination of Bich, if any, may then be released." Minutes or recordings shall not be released unless �e corporate authorities of the Village of Oak Brook find that it is no longer necessary to yep them confidential to protect the public interest or to protect the privacy of an .dividual. As to any minutes or recordings, or portions thereof, not rele Ised, the )rporate authorities of the Village of Oak Brook shall find that the "need for >nfidentiality still exists" as to those minutes or recordings, or portions thereof. The )rporate authorities may require the Village Attorney's opinion regarding the release or Ordinance 2004- VC0DE- CL- MTG- PLCY -G -7 3 9 Adopting a Closed Session Recording Policy Page 2 of 2 on- release of the respective recordings and minutes. Minutes of closed sessions shall be ept indefinitely. >. Semi - annually, at the second regular meeting of the corporate auth �nties, in anuary and July, the agenda shall include the following item: "Authorization for .estruction of verbatim recordings of closed sessions." The Village Clerk shall present a Est 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 tke closed meeting as to form, regardless of whether the minutes have been released for public review, and I 3. There have been more than eighteen (18) months since the date of the closed meeting. he corporate authorities shall consider whether to authorize destruction of the Iverbatim ;cordings of those meetings. When ordered by the corporate authorities, the Village lerk shall destroy the recording of that closed meeting in a suitable manner. I ection 2: That all ordinances or parts thereof in conflict with the provisions of this e be and the same are hereby repealed to the extent of such conflict. I Section 3: That this ordinance shall be in full force and effect from and passage,I approval and publication as provided by law. Ayes: Nays: PROVED this 13th day of PASSED THIS 13th day of January , 2004. Trustees Aktipis, Caleel, Craig, Korin, Miologos and lu • tal Af �✓��..• r.a�(Y a nS� - h �� t` ri+ 11 lerk None after its Yusuf Public Act 093 -0523 SB1586 Enrolled LRB093 08474 JAM 08698 b AN ACT concerning open meetings. Be it enacted by the People of the State of Illinc represented in the General Assembly: Section S. The Open Meetings Act is amended by changing Section 2.06 as follows: (5 ILLS 120/2.06) (from Ch. 102, par. 42.06) Sec. 2.06. (a) All public bodies shall keep written minutes of all their open meetings and a verbatim record of all their closed meetings in the form of an audio or video recordi n I Minutes ; - - whether- - epex- er- eleseel- -Suek- minutes shall include, but need not be limited to: (1) the date, time and place of the meeting; (2) the members of the public body recorded as either present or absent; and (3) a summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes taken. (b) The minutes,of meetings open to the public shall be available for public inspection within 7 days of the approval of such minutes by the public body. im record may be destroyed (c) The verbatim y without y notification to or the approval of a records commission or the StatelArchivist under the Local Records Act or the State Records Act no less than 18 months after the completion of the meeting recorded but only after: Minutes - -ef -- meetings elesed-to i the- publie- shall -be- available -eAly -after >>i s, i Public Act 093 -0523 SB1586 Enrolled LRB093 08474 JAM 08698 b lexgel-- xeeessary-- te-- preteet- the- pxblie- ixterest -er -the privaey -ef -ax- iRdividual -by- - }peeping- -them- -eexf idextial - 4e} (d) Each public body shall periodically, but no less than semi - annually, meet to review minutes and recordings of all closed meetings. At such meetings a determination shall be made, and reported in an open session that (1) the need for confidentiality still exists as to all or part of those minutes or (2) that the minutes or recordings or portions thereof no longer require confidential treatment and are available for public inspection. (e) Unless the public body has made a determination that the verbatim recording no longer requires confidential treatment or otherwise consents to disclosure, the verbatim record ofla 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 Actl 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 anv information deemed to aualifv under i i Public Act 093 -0523 SB1586 Enrolled LRB093 08474 JAM 08698 b longer necessary to protect the public interest o r the e privacy of an individual by keeping them confidential. (Source: P.A. 88 -621, eff. 1- 1 -95.)