AUTHORITY: Implementing Section 4 of the Freedom of Information Act [5 ILCS 140/4] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15] and authorized by Section 3g of the Freedom of Information Act [5 ILCS 140/3g] and by Section 10-25 of the Eastern Illinois University Law [110 ILCS 665/10-25].

SOURCE: Adopted at 22 Ill. Reg. 9560, effective May 22, 1998; amended at 22 Ill. Reg. 19536, effective October 22, 1998; amended at 23 Ill. Reg. 5544, effective April 22, 1999; amended at 26 Ill. Reg. 18235, effective December 13, 2002; amended at 34 Ill. Reg. 5615, effective April 1, 2010.

SUBPART A: INTRODUCTION AND ORGANIZATION

 

Section 6000.100  Purpose

 

As required by the Illinois Administrative Procedure Act ("IAPA") [5 ILCS 100/5-15] and the Freedom of Information Act ("FOIA") [5 ILCS 140/4], this Section pertains to the administrative rules which apply to the Board of Trustees of Eastern Illinois University ("Board").  These rules are intended to explain what the Board is, how the Board is organized, and how the public can obtain information from the Board.

 

Section 6000.110  Board Membership

 

a)         The Board is the designated policy-making agency for Eastern Illinois University.  The Board's purpose is to operate, manage, control, and maintain Eastern Illinois University.  The Board's powers and duties are determined in accordance with the Eastern Illinois University Law [110 ILCS 665/10-25] and are set forth in its Board Regulations, which are available in the University's library, and on the University's web page.

 

b)         The Board is composed of seven voting members appointed by the Governor with the advice and consent of the Senate, and one voting student member, who is elected by the Student Body [110 ILCS 665/10-15].   The student member shall have all of the privileges of membership, including the right to vote on all Board matters except those involving faculty tenure, faculty promotion, and  any issue on which the student member has a direct conflict of interest [110 ILCS 665/10-25].  Unless the student member is entitled to vote on a measure at a meeting of the Board or any of its committees, he or she shall not be considered a member for the purpose of determining whether a quorum is present at the time that measure is voted upon.  

 

c)         The Board annually elects one member to serve as Chairperson.  The Chairperson presides at all Board Meetings, with the full power to vote on and discuss all matters placed before the Board.  The Chairperson is also responsible for submitting information and recommendations relative to the business and interests of the University.

 

d)         The Board is the final institutional authority; however, it delegates primary responsibility to the President of the University for the management of the institution.

 

(Source:  Amended at 26 Ill. Reg. 18235, effective December 13, 2002)

 

Section 6000.120  Board Meetings

 

a)         The Board makes all of its policy decisions at open meetings of the Board which are held in accordance with the Open Meetings Act [5 ILCS 120/et seq]. The Board may also hold closed meetings pursuant to the Open Meetings Act [5 ILCS 120/2(a)].

 

b)         Meetings are held and a quorum determined in accordance with the Eastern Illinois University Law [110 ILCS 665/10-25].

 

c)         Meetings are held at least once each quarter.  The Board however, by vote of a majority of a quorum, may omit or cancel any meeting.  The date of any meeting may be changed by vote of a majority of a quorum or by order of the Chairperson.  The regular meeting that is held in April is the annual meeting.

 

d)         The Board may hold special meetings by vote of a majority of a quorum taken during any regular meeting, by call of the Chairperson, or by call of any three voting members.  Members shall be notified of a special meeting pursuant to the Illinois Open Meetings Act.

 

e)         Quarterly meetings of the Board are held on the campus of Eastern Illinois University and are conducted in accordance with the Open Meetings Act [5 ILCS 120/1 et seq.].

 

(Source:  Amended at 26 Ill. Reg. 18235, effective December 13, 2002)

 

Section 6000.130  Agenda of Board Meetings

 

a)         The Board maintains an agenda of its meetings in accordance with the Open Meetings Act [5 ILCS 120/2.02].

 

b)         The President of the University, in consultation with the Chairperson of the Board, develops an agenda prior to each Board meeting.  The President will normally provide  meeting materials to Board Members as well as to other appropriate parties at least seven days prior to the next scheduled meeting. Distribution of some meeting materials, however, may be subject to reasonable limitations in the case of special or emergency meetings.

 

(Source:  Amended at 26 Ill. Reg. 18235, effective December 13, 2002)

 

Section 6000.140  Minutes of Board Meetings

 

The Board keeps minutes of all its meetings in accordance with the Open Meetings Act [5 ILCS 120/2.06]. Minutes of meetings are subject to the Open Meetings Act and are available at the University's library.

 

Section 6000.150  Accessibility of Board Meetings

 

a)         Persons desiring  to address the Board on other than current agenda items shall  submit a written request to the President at least ten calendar days prior to the Board meeting.  The request shall  include the name and address of the person wishing to speak,  the name of the group represented, and a summary of the presentation.

 

b)         The President and the Chairperson shall consult with respect to each request to address the Board.  At least three calendar days before the meeting, the President shall indicate to each person properly submitting a request to address the Board  whether the request will be granted or denied.  If the request is granted, the form and duration of the presentation shall be subject to rulings of the Chairperson.

 

c)         At the end of each Board meeting, a period of time will be set aside for public comment.  Any individual desiring to address the Board will be allowed up to five minutes for comments or questions.  Only one person may speak on behalf of an organization.  Public comment would not be approved on disputed matters that are being addressed in internal university processes such as grievances, student judicial proceedings, pending bids, labor negotiations, etc.

 

d)         Because of heavy demands on the Board of Trustees, the total time for presentations will be limited to 20 minutes less the Board moves for and approves a longer period.  Persons wishing to address the Board, but are unable to do so, may submit a written statement to the Board.

 

e)         Any  person may record by tape, film, or other means, the meetings of the Board or its committees required to be open by Illinois law, provided that if the recording process interferes with the overall decorum and proceeding of a  meeting, such recording  will be discontinued at the request of the Chairperson or other presiding officer.

 

f)         A report of the proceedings of the Board is published for each fiscal year in sufficient number for distribution to interested parties.

 

(Source:  Amended at 26 Ill. Reg. 18235, effective December 13, 2002)

SUBPART B: PUBLIC INFORMATION

 

Section 6000.200  Freedom of Information Officer

 

There is one Freedom of Information Officer at Eastern Illinois University. Requests for access to public records concerning Eastern Illinois University must be addressed as follows:

 

Freedom of Information Act Request

Eastern Illinois University

600 Lincoln Avenue

Charleston IL 61920

 

Section 6000.210  Form and Content Requests

 

a)         All requests under the Freedom of Information Act [5 ILCS 140/3] for access to public records must be in writing and must contain the following information:

 

1)         the name,  address, and signature of the person submitting the request;

 

2)         a specific description of the public records sought including, whenever possible, names, dates, and other identifying information.

 

b)         A request shall be "received" for purposes of the Freedom of Information Act [5 ILCS 140/3] on the date on which it is received by the Freedom of Information Officer.  Failure to submit the request to the appropriate address may delay its receipt.

 

(Source:  Amended at 26 Ill. Reg. 18235, effective December 13, 2002)

 

Section 6000.220  Inspection and Copying of Records

 

a)         Inspection of public records which are required by the Freedom of Information Act to be made available for public inspection must occur under the supervision of the Custodian of the Records after review of the request by the Freedom of Information Officer in the place where the records are kept or the office of the Freedom of Information Officer during regular office hours when the records are not being used by persons performing official duties.  Upon request, the Custodian of Records  will make arrangements for an explanation of computer language or printout format.

 

b)         One copy of each public record required to be copied by the Freedom of Information Act [5 ILCS 140/3b] shall be provided by the Custodian of Records, after review of the request by the Freedom of Information Officer,  following receipt of the fees specified in Section 6000.230 of this Part.

 

(Source:  Amended at 26 Ill. Reg. 18235, effective December 13, 2002)

 

Section 6000.230  Fees

 

a)         The fee for copies of public records on letter or legal size paper shall not exceed $.15 per page.  No fee shall be charged for the first 50 pages of black and white copies.  For copies which cannot be made on available standard office copying equipment, a reasonable fee will be charged by the Freedom of Information Officer to cover the actual cost of producing the copies by other means.  For preparation in printed form of computer stored data, a reasonable fee will be charged by the Freedom of Information Officer to cover the actual cost of programming, computer usage, and printing.  The fee for certification shall not exceed $1.00 per document or set of documents.  The fee for mailing copies will be the actual postage.

 

b)         Fees shall be reduced or waived if the person requesting copies of documents states the specific purpose for the request and demonstrates to the satisfaction of the Freedom of Information Officer that the principal purpose of the request is to access and disseminate information regarding the health, safety, and welfare or legal rights of the general public and not to provide personal or commercial benefit.  In setting the amount of the waiver or reduction, the Freedom of Information Officer may take into consideration the amount of materials requested and the cost of copying them.

 

(Source:  Amended at 34 Ill. Reg. 5615, effective April 1, 2010)

 

Section 6000.240  Denial of Requests (Repealed)

 

(Source:  Repealed at 26 Ill. Reg. 18235, effective December 13, 2002)

 

Section 6000.250  Response  

 

The Freedom of Information Officer shall respond to each request for access to public records within five business days after its receipt, unless the response time is extended for an additional period of not more than five business days [5 ILCS 140/3].  The response shall be by letter mailed to the person making the request and shall approve the request in its entirety, approve the request in part and deny it in part, or deny the request in its entirety. If the request is denied, the letter shall state the reasons for the denial and the names and titles of each person responsible for the denial.  Each notice of denial shall also inform the requestor of the right to judicial review and review by the Public Access Counselor.

 

(Source:  Amended at 34 Ill. Reg. 5615, effective April 1, 2010)

 

Section 6000.260  Appeals

 

a)         Persons whose request for access to public records has been denied in whole or in part may request a review by the Public Access Counselor.

 

b)         Persons whose request for access to public records has been denied in whole or in part may request judicial review pursuant to 5 ILCS 140/11.

 

(Source:  Amended at 34 Ill. Reg. 5615, effective April 1, 2010)

SUBPART C: RULEMAKING

 

Section 6000.300  Rulemaking

 

Rules are adopted in accordance with the Illinois Administrative Procedure Act [5 ILCS 100/5-15] after being recommended by the President of Eastern Illinois University and approved by the Board of Trustees of Eastern Illinois University.

SUBPART D: PURCHASING RULES

 

Section 6000.400  Access to Purchasing Rules

 

The Procurement Rules of the Chief Procurement Officer for Public Institutions of Higher Education and the Illinois Public Universities can be found at 44 Ill. Adm. Code 526, adopted by amended rule at 22 Ill. Reg. 20964, effective November 20, 1998.

 

(Source:  Amended at 23 Ill. Reg. 5544, effective April 22, 1999)




Section 6000.APPENDIX A   Organizational Chart



 

(Source:  Amended at 34 Ill. Reg. 5615, effective April 1, 2010)