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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 Last saved by administrator J \Backup\Board \Closed Minutes \Destruction of Audio Tapes ProceduresAGENDA ITEM doc Last printed 4/4/2007 5 47 PM 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