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| Public Act 093-0974 |
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AN ACT concerning public bodies.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Open Meetings Act is amended by changing | ||||
Section 2.06 as follows:
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(5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
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Sec. 2.06. (a) All public bodies shall keep written minutes | ||||
of all their
open meetings, whether open or closed,
and a | ||||
verbatim
record of all their closed meetings in the form of an | ||||
audio or video recording.
Minutes
shall include, but need not | ||||
be limited to:
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(1) the date, time and place of the meeting;
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(2) the members of the public body recorded as either | ||||
present or absent;
and
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(3) a summary of discussion on all matters proposed, | ||||
deliberated,
or decided, and a record of any votes taken.
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(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.
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(c) The verbatim record may be destroyed without | ||||
notification to or the
approval of a records commission or the | ||||
State Archivist under the Local Records
Act or the State | ||||
Records Act no less than 18 months after the completion of the
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meeting recorded but only after:
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(1) the public body
approves the destruction of a | ||||
particular recording; and
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(2) the public body approves minutes of the closed | ||||
meeting that meet the
written minutes requirements of | ||||
subsection (a) of this Section.
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(d) Each public body shall periodically, but no less than
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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
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longer require
confidential
treatment and are available for | ||
public inspection.
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(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 of a meeting closed to the public shall not be
open for | ||
public inspection or subject to discovery in any administrative
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or judicial proceeding other than one brought to enforce this | ||
Act. In the case of a civil
action brought to enforce this Act, | ||
the court, if the judge believes such an examination is | ||
necessary, must
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
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examination in order to
determine what portions, if any, must | ||
be made available to the parties for use
as evidence in the | ||
prosecution. Any such initial inspection must be held in | ||
camera. If the court or administrative hearing officer
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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
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the privacy or confidentiality provisions of State or federal | ||
law.
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(f) Minutes of meetings closed to the public shall be | ||
available only after
the public body determines that it is no | ||
longer necessary to protect the public
interest or the privacy | ||
of an individual by keeping them confidential.
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(Source: P.A. 93-523, eff. 1-1-04.)
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