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1 | AN ACT concerning government. | |||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||
4 | Section 5. The Open Meetings Act is amended by changing | |||||||||||||||||||||||||
5 | Sections 1.02, 2, and 2.02 and by adding Section 2.07 as | |||||||||||||||||||||||||
6 | follows: | |||||||||||||||||||||||||
7 | (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) | |||||||||||||||||||||||||
8 | Sec. 1.02. For the purposes of this Act: | |||||||||||||||||||||||||
9 | "Meeting" means any gathering, whether in person or by | |||||||||||||||||||||||||
10 | video or audio conference, telephone call, electronic means | |||||||||||||||||||||||||
11 | (such as, without limitation, electronic mail, electronic | |||||||||||||||||||||||||
12 | chat, and instant messaging), or other means of | |||||||||||||||||||||||||
13 | contemporaneous interactive communication, of a majority of a | |||||||||||||||||||||||||
14 | quorum of the members of a public body held for the purpose of | |||||||||||||||||||||||||
15 | discussing public business or, for a 5-member public body, a | |||||||||||||||||||||||||
16 | quorum of the members of a public body held for the purpose of | |||||||||||||||||||||||||
17 | discussing public business. For a 3-member public body, | |||||||||||||||||||||||||
18 | "meeting" does not include a gathering of 2 members of the | |||||||||||||||||||||||||
19 | public body, except when gathered for a regularly scheduled | |||||||||||||||||||||||||
20 | meeting, or otherwise gathered to adopt any motion, | |||||||||||||||||||||||||
21 | resolution, or ordinance. | |||||||||||||||||||||||||
22 | Accordingly, for a 5-member public body, 3 members of the | |||||||||||||||||||||||||
23 | body constitute a quorum and the affirmative vote of 3 members |
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1 | is necessary to adopt any motion, resolution, or ordinance, | ||||||
2 | unless a greater number is otherwise required. For a 3-member | ||||||
3 | body, 2 members of the body constitute a quorum and the | ||||||
4 | affirmative vote of 2 members is necessary to adopt any | ||||||
5 | motion, resolution, or ordinance, unless a greater number is | ||||||
6 | otherwise provided. | ||||||
7 | "Public body" includes all legislative, executive, | ||||||
8 | administrative or advisory bodies of the State, counties, | ||||||
9 | townships, cities, villages, incorporated towns, school | ||||||
10 | districts and all other municipal corporations, boards, | ||||||
11 | bureaus, committees or commissions of this State, and any | ||||||
12 | subsidiary bodies of any of the foregoing including but not | ||||||
13 | limited to committees and subcommittees which are supported in | ||||||
14 | whole or in part by tax revenue, or which expend tax revenue, | ||||||
15 | except the General Assembly and committees or commissions | ||||||
16 | thereof. "Public body" includes tourism boards and convention | ||||||
17 | or civic center boards located in counties that are contiguous | ||||||
18 | to the Mississippi River with populations of more than 250,000 | ||||||
19 | but less than 300,000. "Public body" includes the Health | ||||||
20 | Facilities and Services Review Board. "Public body" does not | ||||||
21 | include a child death review team or the Illinois Child Death | ||||||
22 | Review Teams Executive Council established under the Child | ||||||
23 | Death Review Team Act, an ethics commission acting under the | ||||||
24 | State Officials and Employees Ethics Act, a regional youth | ||||||
25 | advisory board or the Statewide Youth Advisory Board | ||||||
26 | established under the Department of Children and Family |
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1 | Services Statewide Youth Advisory Board Act, or the Illinois | ||||||
2 | Independent Tax Tribunal. | ||||||
3 | (Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15 .) | ||||||
4 | (5 ILCS 120/2) (from Ch. 102, par. 42) | ||||||
5 | Sec. 2. Open meetings. | ||||||
6 | (a) Openness required. All meetings of public bodies shall | ||||||
7 | be open to the public unless excepted in subsection (c) and | ||||||
8 | closed in accordance with Section 2a. | ||||||
9 | (b) Construction of exceptions. The exceptions contained | ||||||
10 | in subsection (c) are in derogation of the requirement that | ||||||
11 | public bodies meet in the open, and therefore, the exceptions | ||||||
12 | are to be strictly construed, extending only to subjects | ||||||
13 | clearly within their scope. The exceptions authorize but do | ||||||
14 | not require the holding of a closed meeting to discuss a | ||||||
15 | subject included within an enumerated exception. | ||||||
16 | (c) Exceptions. A public body may hold closed meetings to | ||||||
17 | consider the following subjects: | ||||||
18 | (1) The appointment, employment, compensation, | ||||||
19 | discipline, performance, or dismissal of specific | ||||||
20 | employees, specific individuals who serve as independent | ||||||
21 | contractors in a park, recreational, or educational | ||||||
22 | setting, or specific volunteers of the public body or | ||||||
23 | legal counsel for the public body, including hearing | ||||||
24 | testimony on a complaint lodged against an employee, a | ||||||
25 | specific individual who serves as an independent |
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1 | contractor in a park, recreational, or educational | ||||||
2 | setting, or a volunteer of the public body or against | ||||||
3 | legal counsel for the public body to determine its | ||||||
4 | validity. However, a meeting to consider an increase in | ||||||
5 | compensation to a specific employee of a public body that | ||||||
6 | is subject to the Local Government Wage Increase | ||||||
7 | Transparency Act may not be closed and shall be open to the | ||||||
8 | public and posted and held in accordance with this Act. | ||||||
9 | (2) Collective negotiating matters between the public | ||||||
10 | body and its employees or their representatives, or | ||||||
11 | deliberations concerning salary schedules for one or more | ||||||
12 | classes of employees. | ||||||
13 | (3) The selection of a person to fill a public office, | ||||||
14 | as defined in this Act, including a vacancy in a public | ||||||
15 | office, when the public body is given power to appoint | ||||||
16 | under law or ordinance, or the discipline, performance or | ||||||
17 | removal of the occupant of a public office, when the | ||||||
18 | public body is given power to remove the occupant under | ||||||
19 | law or ordinance. | ||||||
20 | (4) Evidence or testimony presented in open hearing, | ||||||
21 | or in closed hearing where specifically authorized by law, | ||||||
22 | to a quasi-adjudicative body, as defined in this Act, | ||||||
23 | provided that the body prepares and makes available for | ||||||
24 | public inspection a written decision setting forth its | ||||||
25 | determinative reasoning. | ||||||
26 | (4.5) Evidence or testimony presented to a school |
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1 | board regarding denial of admission to school events or | ||||||
2 | property pursuant to Section 24-24 of the School Code, | ||||||
3 | provided that the school board prepares and makes | ||||||
4 | available for public inspection a written decision setting | ||||||
5 | forth its determinative reasoning. | ||||||
6 | (4.7) A meeting held by a Police District Council, | ||||||
7 | created pursuant to Section 2-80-070 of the Municipal Code | ||||||
8 | of Chicago, where discussion of an issue of public safety | ||||||
9 | concerns: (i) the privacy of individuals involved; (ii) | ||||||
10 | law enforcement or official misconduct investigations | ||||||
11 | involving specific individuals; or (iii) other topics that | ||||||
12 | if discussed in an open meeting would pose an unreasonable | ||||||
13 | risk to an ongoing criminal investigation, or an | ||||||
14 | unreasonable risk to the safety of the general public. | ||||||
15 | (5) The purchase or lease of real property for the use | ||||||
16 | of the public body, including meetings held for the | ||||||
17 | purpose of discussing whether a particular parcel should | ||||||
18 | be acquired. | ||||||
19 | (6) The setting of a price for sale or lease of | ||||||
20 | property owned by the public body. | ||||||
21 | (7) The sale or purchase of securities, investments, | ||||||
22 | or investment contracts. This exception shall not apply to | ||||||
23 | the investment of assets or income of funds deposited into | ||||||
24 | the Illinois Prepaid Tuition Trust Fund. | ||||||
25 | (8) Security procedures, school building safety and | ||||||
26 | security, and the use of personnel and equipment to |
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1 | respond to an actual, a threatened, or a reasonably | ||||||
2 | potential danger to the safety of employees, students, | ||||||
3 | staff, the public, or public property. | ||||||
4 | (9) Student disciplinary cases. | ||||||
5 | (10) The placement of individual students in special | ||||||
6 | education programs and other matters relating to | ||||||
7 | individual students. | ||||||
8 | (11) Litigation, when an action against, affecting or | ||||||
9 | on behalf of the particular public body has been filed and | ||||||
10 | is pending before a court or administrative tribunal, or | ||||||
11 | when the public body finds that an action is probable or | ||||||
12 | imminent, in which case the basis for the finding shall be | ||||||
13 | recorded and entered into the minutes of the closed | ||||||
14 | meeting. | ||||||
15 | (12) The establishment of reserves or settlement of | ||||||
16 | claims as provided in the Local Governmental and | ||||||
17 | Governmental Employees Tort Immunity Act, if otherwise the | ||||||
18 | disposition of a claim or potential claim might be | ||||||
19 | prejudiced, or the review or discussion of claims, loss or | ||||||
20 | risk management information, records, data, advice or | ||||||
21 | communications from or with respect to any insurer of the | ||||||
22 | public body or any intergovernmental risk management | ||||||
23 | association or self insurance pool of which the public | ||||||
24 | body is a member. | ||||||
25 | (13) Conciliation of complaints of discrimination in | ||||||
26 | the sale or rental of housing, when closed meetings are |
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1 | authorized by the law or ordinance prescribing fair | ||||||
2 | housing practices and creating a commission or | ||||||
3 | administrative agency for their enforcement. | ||||||
4 | (14) Informant sources, the hiring or assignment of | ||||||
5 | undercover personnel or equipment, or ongoing, prior or | ||||||
6 | future criminal investigations, when discussed by a public | ||||||
7 | body with criminal investigatory responsibilities. | ||||||
8 | (15) Professional ethics or performance when | ||||||
9 | considered by an advisory body appointed to advise a | ||||||
10 | licensing or regulatory agency on matters germane to the | ||||||
11 | advisory body's field of competence. | ||||||
12 | (16) Self evaluation, practices and procedures or | ||||||
13 | professional ethics, when meeting with a representative of | ||||||
14 | a statewide association of which the public body is a | ||||||
15 | member. | ||||||
16 | (17) The recruitment, credentialing, discipline or | ||||||
17 | formal peer review of physicians or other health care | ||||||
18 | professionals, or for the discussion of matters protected | ||||||
19 | under the federal Patient Safety and Quality Improvement | ||||||
20 | Act of 2005, and the regulations promulgated thereunder, | ||||||
21 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
22 | Health Insurance Portability and Accountability Act of | ||||||
23 | 1996, and the regulations promulgated thereunder, | ||||||
24 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
25 | hospital, or other institution providing medical care, | ||||||
26 | that is operated by the public body. |
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1 | (18) Deliberations for decisions of the Prisoner | ||||||
2 | Review Board. | ||||||
3 | (19) Review or discussion of applications received | ||||||
4 | under the Experimental Organ Transplantation Procedures | ||||||
5 | Act. | ||||||
6 | (20) The classification and discussion of matters | ||||||
7 | classified as confidential or continued confidential by | ||||||
8 | the State Government Suggestion Award Board. | ||||||
9 | (21) Discussion of minutes of meetings lawfully closed | ||||||
10 | under this Act, whether for purposes of approval by the | ||||||
11 | body of the minutes or semi-annual review of the minutes | ||||||
12 | as mandated by Section 2.06. | ||||||
13 | (22) Deliberations for decisions of the State | ||||||
14 | Emergency Medical Services Disciplinary Review Board. | ||||||
15 | (23) The operation by a municipality of a municipal | ||||||
16 | utility or the operation of a municipal power agency or | ||||||
17 | municipal natural gas agency when the discussion involves | ||||||
18 | (i) contracts relating to the purchase, sale, or delivery | ||||||
19 | of electricity or natural gas or (ii) the results or | ||||||
20 | conclusions of load forecast studies. | ||||||
21 | (24) Meetings of a residential health care facility | ||||||
22 | resident sexual assault and death review team or the | ||||||
23 | Executive Council under the Abuse Prevention Review Team | ||||||
24 | Act. | ||||||
25 | (25) Meetings of an independent team of experts under | ||||||
26 | Brian's Law. |
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1 | (26) Meetings of a mortality review team appointed | ||||||
2 | under the Department of Juvenile Justice Mortality Review | ||||||
3 | Team Act. | ||||||
4 | (27) (Blank). | ||||||
5 | (28) Correspondence and records (i) that may not be | ||||||
6 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
7 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
8 | the Illinois Public Aid Code. | ||||||
9 | (29) Meetings between internal or external auditors | ||||||
10 | and governmental audit committees, finance committees, and | ||||||
11 | their equivalents, when the discussion involves internal | ||||||
12 | control weaknesses, identification of potential fraud risk | ||||||
13 | areas, known or suspected frauds, and fraud interviews | ||||||
14 | conducted in accordance with generally accepted auditing | ||||||
15 | standards of the United States of America. | ||||||
16 | (30) Those meetings or portions of meetings of a | ||||||
17 | fatality review team or the Illinois Fatality Review Team | ||||||
18 | Advisory Council during which a review of the death of an | ||||||
19 | eligible adult in which abuse or neglect is suspected, | ||||||
20 | alleged, or substantiated is conducted pursuant to Section | ||||||
21 | 15 of the Adult Protective Services Act. | ||||||
22 | (31) Meetings and deliberations for decisions of the | ||||||
23 | Concealed Carry Licensing Review Board under the Firearm | ||||||
24 | Concealed Carry Act. | ||||||
25 | (32) Meetings between the Regional Transportation | ||||||
26 | Authority Board and its Service Boards when the discussion |
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1 | involves review by the Regional Transportation Authority | ||||||
2 | Board of employment contracts under Section 28d of the | ||||||
3 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
4 | 3B.26 of the Regional Transportation Authority Act. | ||||||
5 | (33) Those meetings or portions of meetings of the | ||||||
6 | advisory committee and peer review subcommittee created | ||||||
7 | under Section 320 of the Illinois Controlled Substances | ||||||
8 | Act during which specific controlled substance prescriber, | ||||||
9 | dispenser, or patient information is discussed. | ||||||
10 | (34) Meetings of the Tax Increment Financing Reform | ||||||
11 | Task Force under Section 2505-800 of the Department of | ||||||
12 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
13 | (35) Meetings of the group established to discuss | ||||||
14 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
15 | Illinois Public Aid Code. | ||||||
16 | (36) Those deliberations or portions of deliberations | ||||||
17 | for decisions of the Illinois Gaming Board in which there | ||||||
18 | is discussed any of the following: (i) personal, | ||||||
19 | commercial, financial, or other information obtained from | ||||||
20 | any source that is privileged, proprietary, confidential, | ||||||
21 | or a trade secret; or (ii) information specifically | ||||||
22 | exempted from the disclosure by federal or State law. | ||||||
23 | (37) Deliberations for decisions of the Illinois Law | ||||||
24 | Enforcement Training Standards Board, the Certification | ||||||
25 | Review Panel, and the Illinois State Police Merit Board | ||||||
26 | regarding certification and decertification. |
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1 | (38) Meetings of the Ad Hoc Statewide Domestic | ||||||
2 | Violence Fatality Review Committee of the Illinois | ||||||
3 | Criminal Justice Information Authority Board that occur in | ||||||
4 | closed executive session under subsection (d) of Section | ||||||
5 | 35 of the Domestic Violence Fatality Review Act. | ||||||
6 | (39) Meetings of the regional review teams under | ||||||
7 | subsection (a) of Section 75 of the Domestic Violence | ||||||
8 | Fatality Review Act. | ||||||
9 | (40) Meetings of the Firearm Owner's Identification | ||||||
10 | Card Review Board under Section 10 of the Firearm Owners | ||||||
11 | Identification Card Act. | ||||||
12 | (d) Definitions. For purposes of this Section: | ||||||
13 | "Employee" means a person employed by a public body whose | ||||||
14 | relationship with the public body constitutes an | ||||||
15 | employer-employee relationship under the usual common law | ||||||
16 | rules, and who is not an independent contractor. | ||||||
17 | "Public office" means a position created by or under the | ||||||
18 | Constitution or laws of this State, the occupant of which is | ||||||
19 | charged with the exercise of some portion of the sovereign | ||||||
20 | power of this State. The term "public office" shall include | ||||||
21 | members of the public body, but it shall not include | ||||||
22 | organizational positions filled by members thereof, whether | ||||||
23 | established by law or by a public body itself, that exist to | ||||||
24 | assist the body in the conduct of its business. | ||||||
25 | "Quasi-adjudicative body" means an administrative body | ||||||
26 | charged by law or ordinance with the responsibility to conduct |
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1 | hearings, receive evidence or testimony and make | ||||||
2 | determinations based thereon, but does not include local | ||||||
3 | electoral boards when such bodies are considering petition | ||||||
4 | challenges. | ||||||
5 | (e) Final action. No final action may be taken at a closed | ||||||
6 | meeting. Final action shall be preceded by a public recital of | ||||||
7 | the nature of the matter being considered and other | ||||||
8 | information that will inform the public of the business being | ||||||
9 | conducted. | ||||||
10 | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
11 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. | ||||||
12 | 7-28-23.) | ||||||
13 | (5 ILCS 120/2.02) (from Ch. 102, par. 42.02) | ||||||
14 | Sec. 2.02. Public notice of all meetings, whether open or | ||||||
15 | closed to the public, shall be given as follows: | ||||||
16 | (a) Every public body shall give public notice of the | ||||||
17 | schedule of regular meetings at the beginning of each calendar | ||||||
18 | or fiscal year and shall state the regular dates, times, and | ||||||
19 | places of such meetings. An agenda for each regular meeting | ||||||
20 | shall be posted at the principal office of the public body , if | ||||||
21 | such an office exists, and at the location where the meeting is | ||||||
22 | to be held at least 48 hours in advance of the holding of the | ||||||
23 | meeting. A public body that has a website that the full-time | ||||||
24 | staff of the public body maintains shall also post on its | ||||||
25 | website the agenda of any regular meetings of the governing |
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1 | body of that public body. Any agenda of a regular meeting that | ||||||
2 | is posted on a public body's website shall remain posted on the | ||||||
3 | website until the regular meeting is concluded. The | ||||||
4 | requirement of a regular meeting agenda shall not preclude the | ||||||
5 | consideration of items not specifically set forth in the | ||||||
6 | agenda. Public notice of any special meeting except a meeting | ||||||
7 | held in the event of a bona fide emergency, or of any | ||||||
8 | rescheduled regular meeting, or of any reconvened meeting, | ||||||
9 | shall be given at least 48 hours before such meeting, which | ||||||
10 | notice shall also include the agenda for the special, | ||||||
11 | rescheduled, or reconvened meeting, but the validity of any | ||||||
12 | action taken by the public body which is germane to a subject | ||||||
13 | on the agenda shall not be affected by other errors or | ||||||
14 | omissions in the agenda. The requirement of public notice of | ||||||
15 | reconvened meetings does not apply to any case where the | ||||||
16 | meeting was open to the public and (1) it is to be reconvened | ||||||
17 | within 24 hours, or (2) an announcement of the time and place | ||||||
18 | of the reconvened meeting was made at the original meeting and | ||||||
19 | there is no change in the agenda. Notice of an emergency | ||||||
20 | meeting shall be given as soon as practicable, but in any event | ||||||
21 | prior to the holding of such meeting, to any news medium which | ||||||
22 | has filed an annual request for notice under subsection (b) of | ||||||
23 | this Section. | ||||||
24 | (b) Public notice shall be given by posting a copy of the | ||||||
25 | notice at the principal office of the body holding the meeting | ||||||
26 | or, if no such office exists, at the building in which the |
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1 | meeting is to be held. In addition, a public body that has a | ||||||
2 | website that the full-time staff of the public body maintains | ||||||
3 | shall post notice on its website of all meetings of the | ||||||
4 | governing body of the public body. For a public body that has a | ||||||
5 | website that the full-time staff of the public body maintains, | ||||||
6 | public notice for a special meeting may be given solely by | ||||||
7 | posting notice on its website. Any notice of an annual | ||||||
8 | schedule of meetings shall remain on the website until a new | ||||||
9 | public notice of the schedule of regular meetings is approved. | ||||||
10 | Any notice of a regular meeting that is posted on a public | ||||||
11 | body's website shall remain posted on the website until the | ||||||
12 | regular meeting is concluded. The body shall supply copies of | ||||||
13 | the notice of its regular meetings, and of the notice of any | ||||||
14 | special, emergency, rescheduled or reconvened meeting, to any | ||||||
15 | news medium that has filed an annual request for such notice. | ||||||
16 | Any such news medium shall also be given the same notice of all | ||||||
17 | special, emergency, rescheduled or reconvened meetings in the | ||||||
18 | same manner as is given to members of the body provided such | ||||||
19 | news medium has given the public body an address or telephone | ||||||
20 | number within the territorial jurisdiction of the public body | ||||||
21 | at which such notice may be given. The failure of a public body | ||||||
22 | to post on its website notice of any meeting or the agenda of | ||||||
23 | any meeting shall not invalidate any meeting or any actions | ||||||
24 | taken at a meeting. | ||||||
25 | (c) Any agenda required under this Section shall set forth | ||||||
26 | the general subject matter of any resolution or ordinance that |
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1 | will be the subject of final action at the meeting. The public | ||||||
2 | body conducting a public meeting shall ensure that at least | ||||||
3 | one copy of any requested notice and agenda for the meeting is | ||||||
4 | continuously available for public review during the entire | ||||||
5 | 48-hour period preceding the meeting. Posting of the notice | ||||||
6 | and agenda on a website that is maintained by the public body | ||||||
7 | satisfies the requirement for continuous posting under this | ||||||
8 | subsection (c). If a notice or agenda is not continuously | ||||||
9 | available for the full 48-hour period due to actions outside | ||||||
10 | of the control of the public body, then that lack of | ||||||
11 | availability does not invalidate any meeting or action taken | ||||||
12 | at a meeting. | ||||||
13 | (Source: P.A. 97-827, eff. 1-1-13.) | ||||||
14 | (5 ILCS 120/2.07 new) | ||||||
15 | Sec. 2.07. Police District Councils. With the exception of | ||||||
16 | the required regularly scheduled monthly meetings, Police | ||||||
17 | District Councils created pursuant to Section 2-80-070 of the | ||||||
18 | Municipal Code of Chicago, may hold meetings by audio or video | ||||||
19 | conference, without the physical presence of the members, | ||||||
20 | subject to the following conditions: | ||||||
21 | (1) All Police District Council members participating | ||||||
22 | in the meeting, wherever their physical location, shall be | ||||||
23 | verified and can hear one another and can hear all | ||||||
24 | discussion and testimony. | ||||||
25 | (2) Any members of the public attending the meeting |
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1 | can hear all Police District Council members and all | ||||||
2 | discussion, testimony, and roll-call votes. | ||||||
3 | (3) Notice of the remote meeting, including how to | ||||||
4 | contemporaneously hear all discussion, testimony, and | ||||||
5 | roll-call votes, whether by telephone number or web-based | ||||||
6 | link, is provided to the public at least 48 hours prior to | ||||||
7 | the meeting, except in the case of a bona fide emergency. | ||||||
8 | (4) All votes are conducted by roll call, so each | ||||||
9 | member's vote on each issue can be identified and | ||||||
10 | recorded. | ||||||
11 | (5) A verbatim record is kept in the form of an audio | ||||||
12 | or video recording | ||||||
and made available to the public not | |||||||
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13 | less than 48 hours after the conclusion of the meeting. |