Ensuring Open and Honest Government

Illinois Open Meetings Act:
Fact Sheet and Recommendations on the Recording of Closed Meetings

FACT: Audio or video recording are required for all closed meetings

Section 2.06 of the Open Meetings Act (5 ILCS 120/2.06) currently requires that public bodies keep written minutes of all of their closed meetings. Effective January 1, 2004, Public Act 93-523 replaces this requirement with a requirement that public bodies keep a verbatim record of all their closed meetings in the form of an audio or video recording. As explained below, however, the tapes may not be destroyed unless minutes are approved.

FACT: This rule applies to all public bodies

The requirement to record all closed meetings applies to all public bodies. Thus, it applies not only to governing boards such as city councils, county boards, and boards of township trustees, but to all committees, subcommittees and other subsidiary bodies that are themselves subject to the Open Meetings Act.

FACT: Recordings are confidential unless the public body or a court determines otherwise

The verbatim recording of a closed meeting shall not be open for public inspection or subject to discovery unless:

• the public body determines that the recording no longer requires confidential treatment or otherwise consents to disclosure

• a court in a civil proceeding, after an in camera examination, determines that the meeting was unlawful and that all or portions of the recording must be made publicly available

• a court in a criminal proceeding, after an in camera examination, determines that certain portions of the recording should be made available to the parties for use as evidence in the prosecution.

FACT: Each recording of a closed meeting must be kept a minimum of 18 months

Although recordings may be destroyed after 18 months without the permission of the appropriate records commission, no recording may be destroyed unless the public body:

• approves destruction of the particular recording and

• approves minutes of the closed meeting, which minutes shall include, but need not be limited to:

• the date, time and place of the meeting

• the members of the public body recorded as present or absent

• a summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes taken

RECOMMENDATIONS

1. Unless you intend to keep the recordings permanently, keep good minutes of closed meetings and have them approved on an ongoing basis.

2. Make sure the recording is labeled and includes a statement of the date, place, and times of beginning and ending of the closed session, and of the identity of those present. It may also be useful to include a statement of the purpose and basis for the meeting.

3. Procure recording equipment of good enough quality to make clear recordings of all meeting participants.