1-8-1           RECORDING CLOSED SESSIONS.  The County shall keep a verbatim record of all closed or executive session meetings of the corporate authorities of the County or any subsidiary “public body” as defined by the Illinois Open Meetings Act, 5 ILCS 120/1.  The verbatim record shall be in the form of an audio or video recording as determined by the corporate authorities.  (See 5 ILCS 120/2)

          1-8-2           RESPONSIBILITY FOR RECORDING CLOSED SESSIONS AND MAINTAINING RECORDINGS.  The County Clerk or his or her designee shall be responsible for arranging for the recording of such closed or executive sessions.  In the absence of the County Clerk or his or her designee, the meeting Chair will arrange for the audio or video recording of the closed or executive session of the County Board.  Each subsidiary public body of the County shall designate an individual who will be responsible for the recording of any and all closed or executive sessions of the subsidiary body and for providing the County Clerk with a copy of such recording.  The County Clerk, or his or her designee, shall securely maintain the verbatim recordings of all closed sessions of the corporate authorities of the County and all subsidiary public bodies of the County.

          1-8-3           CLOSED SESSION MINUTES.  In addition to the recordings of the closed and executive session as addressed in this Division, the County will keep minutes of all closed meetings in accordance with the requirements of the Open Meetings Act, 5 ILCS 120/2.06.

          1-8-4           PROCEDURE FOR RECORDING.  At the beginning of each closed session, those present shall identify themselves by voice for the audio recording.  If the meeting is videotaped, those present shall individually appear on camera and identify themselves by voice at the beginning of the closed session.  The meeting Chair shall also announce the times the closed session commences and ends at the appropriate points on the recording.

          1-8-5           BACK-UP EQUIPMENT/PROCEDURE FOR EQUIPMENT MALFUNCTION.  The County shall maintain sufficient tapes, batteries and equipment for the County to comply with this Division.  The County Clerk or his/her designee shall periodically check the equipment to confirm that it is functioning.  In the event that anyone present at a closed session determines that the equipment is not functioning
properly, the closed session will be temporarily suspended to attempt to correct any malfunction.  In the event that an equipment malfunction cannot be corrected immediately, the closed session will terminate until such time as the closed session may proceed with a functioning recording device.

          1-8-6           PROCEDURE FOR REVIEW OF CLOSED SESSION MINUTES AND RECORDINGS.  At one meeting at least every six (6) months, the agenda shall include the item: “Review of the minutes and recordings of all closed sessions that have not yet been released for public review, and determination of which minutes, if any, may be released.”  Minutes shall be reviewed in closed session and shall not be released unless the corporate authorities of the County find that it is no longer necessary to protect the public interest or the privacy of an individual by keeping them confidential.  As to any minutes not released, the corporate authorities shall find that the “need for confidentiality still exists” as to those minutes.  Minutes of closed sessions shall be kept indefinitely.

          1-8-7           MAINTENANCE AND PUBLIC RELEASE OF RECORDINGS AND ACCESS TO TAPES.  The audio or video tape recordings of closed sessions shall be maintained for eighteen (18) months after the closed session and shall not be released to the public unless such release is required by a court order or specifically authorized for release by a vote of the County Board.  Members of the corporate authorities may listen to the closed session recordings in the presence of the County Clerk or his or her designee.  Copies of such tapes will not be made or provided to anyone unless specifically authorized by vote of the County Board.

          1-8-8           PROCEDURE FOR DESTRUCTION OF RECORDINGS.  The County Clerk or his or her designee is hereby authorized to destroy the audio and video recordings of those closed sessions for which:

          (A)               The corporate authorities of the County have approved the minutes of the closed sessions as to accurate content, regardless of whether the minutes have been released for public review;

          (B)               More than eighteen (18) months have elapsed since the date of the closed session;

          (C)               There is no court order requiring the preservation of such recording; and

          (D)               The corporate authorities of the County have not passed a motion requiring the preservation of the verbatim recording of that meeting.

          1-8-9  –  1-8-10    RESERVED.