Common use of Held to Discuss Clause in Contracts

Held to Discuss. Dates of Closed Sessions Specific employee(s) or District legal counsel; however, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with [the Open Meetings Act]. 5 ILCS 120/2(c)(1), amended by P.A. 99-646. Collective negotiating matters or deliberations concerning salary schedules for one or more classes of employees. 5 ILCS 120/2(c)(2). Selection of a person to fill a vacancy on the Board. 5 ILCS 120/2(c)(3). Evidence or testimony presented in a hearing where authorized by law. 5 ILCS 120/2(c)(4). Purchase or lease of real property. 5 ILCS 120/2(c)(5). Setting of a price for sale or lease of District property. 5ILCS 120/2(c)(6). Sale or purchase of securities, investments, or investment contracts. 5 ILCS 120/2(c)(7). Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger. 5 ILCS 120/2(c)(8). Student disciplinary cases. 5 ILCS 120/2(c)(9). Minutes of meetings held for this reason shall never be released to protect the individual student's privacy. Any matter involving an individual student. 5 ILCS 120/2(c)(10). Minutes of meetings held for this reason shall never be released to protect the individual student's privacy. Litigation, when an action against, affecting, or on behalf of the District has been filed and is pending before a court or administrative tribunal, or when the Board finds that an action is probable or imminent. 5 ILCS 120/2(c)(11). Establishment of reserves or settlement of claims as provided in the Local Government and Governmental Employees Tort Immunity Act or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the District or any intergovernmental risk management association or self insurance pool. 5 ILCS 120/2(c)(12). Self-evaluation, practices and procedures or professional ethics, when meeting with an IASB representative. 5 ILCS 120/2(c)(16). Minutes of meetings lawfully closed, whether for purposes of approval or semi-annual review. 5 ILCS 120/2(c)(21). Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America. 5 ILCS 120/2(c)(29). DATED: February 25, 2019 Central A & M CUD 21 2:220-E7 Exhibit - Access to Closed Meeting Minutes and Verbatim Recordings The Board must allow its duly elected officials or appointed officials filling a vacancy of an elected office access to closed session minutes and verbatim recordings (5 ILCS 120/2.06(e)), amended by P.A. 99-515. The following subheads implement the logistics of granting this access. Access to Closed Meeting Minutes Duplicate this section for each grant of access to closed meeting minutes. Date: Time: Storage Location: Name of person(s) responsible for storing the closed meeting minutes: Access granted Date access occurred: Start time: End time: Requesting Board member's name (Please print) In the presence of: (Check appropriate box and insert name on line.) Recording Secretary Superintendent or designated administrator Elected Board member For requesting Board member: (Read the following and sign below.) While the Open Meetings Act does not provide a cause of action against me or the Board for disclosing closed session discussions (Xxxxxxx v. Board of Police Commissioners, 555 N.E. 2d 35 (1990)), I acknowledge and understand that any disclosures by me of information in the closed session minutes not yet released to the public could subject me to a possible civil action alleging that I created harm to another, i.e., an intentional tort(s). Requesting Board Member Signature Date Verbatim Recording Access Duplicate this section for each grant of access to verbatim recordings. Date: Time: Storage Location: Name of person(s) responsible for storing the verbatim recording: Access granted Date access occurred: Start time: End time: Requesting Board member's name (Please print) In the presence of: (Check appropriate box and insert name on line.) Recording Secretary Superintendent or designated administrator Elected Board member Access denied Access unavailable. Xxxxxxxx recording requested is older than 18 months and was destroyed pursuant to 5 ILCS 120/2.06(c). For requesting Board member: (Read the following and sign below.) While the Open Meetings Act does not provide a cause of action against me or the Board for disclosing closed session discussions (Xxxxxxx v. Board of Police Commissioners, 555 N.E. 2d 35 (1990)), I acknowledge and understand that any disclosures by me of information in the verbatim recordings could subject me to a possible civil action alleging that I created harm to another, i.e., an intentional tort(s). Requesting Board Member Signature Date DATED: February 25, 2019 Central A & M CUD 21 2:220-E8 Exhibit - Board of Education Records Maintenance Requirements and FAQs Open Meetings Act The Open Meetings Act (OMA) requires public bodies to "keep written minutes of all their meetings, whether open or closed, and a verbatim record of all their closed meetings in the form of an audio or video recording." 5 ILCS 120/2.06(a). Minutes must include, but are not limited to: (1) the date, time, and place of the meeting; (2) the members of the public body recorded as either present or absent and whether the members were physically present or present by means of video or audio conference; and (3) a summary of discussion on all matters proposed, deliberated, or decided, and record of any votes taken. Id. The remainder of Section 2.06 addresses the approval of open meeting minutes, the treatment of verbatim recordings of closed meetings, the semi-annual review of closed meeting minutes, the confidential nature of closed meeting minutes, and the right of persons to address public officials under rules established and recorded by the public body. The requirements of Section 2.06, as well as OMA requirements pertaining to Board agendas, are included in policy 2:220, Board of Education Meeting Procedure. Exhibit 2:220-E3, Closed Meeting Minutes, provides a sample template for keeping closed meeting minutes that incorporates the requirements of Section 2.06 of OMA. It also includes an area to designate if the Board has determined, pursuant to Section 2.06(d), that the closed meeting minutes no longer need confidential treatment. Exhibit 2:220-E4, Open Meeting Minutes, contains an open meeting minute's protocol that incorporates the requirements of Section 2.06 of OMA. It also provides a sample template for keeping open meeting minutes. Exhibit 2:220-E5, Semi-Annual Reviewof Closed Meeting Minutes, contains a process for implementing the semi-annual review of closed meeting minutes, and exhibit 2:220-E6, Log of Closed Meeting Minutes, is designed to facilitate this semi-annual review. Local Records Act The Local Records Act (LRA) provides that public records, including "any book, paper, map, photograph, digitized electronic material, or other official documentary material, regardless of physical form or characteristics, made, produced, executed or received by any agency or officer pursuant to law or in connections with the transaction of public business and preserved or appropriate for preservation by such agency or officer" must be preserved unless the State Local Records Commission has given permission to destroy those records. 50 ILCS 205/3 and 7. Board records, including agendas, meeting packets and meeting minutes, fall into this definition. Public bodies located in Cook County must work with the Local Records Commission of Cook County to determine how long they must retain public records. Public bodies located outside of Cook County must work with the Downstate Local Records Commission to determine how long they must retain public records. Policy 2:250, Access to District Public Records, contains a subhead entitled Preserving Public Records which provides as follows: Public records, including email messages, shall be preserved and cataloged if: (1) they are evidence of the District's organization, function, policies, procedures, or activities, (2) they contain informational data appropriate for preservation, (3) their retention is required by State or federal law, or (4) they are subject to a retention request by the Board Attorney (e.g., a litigation hold), District auditor, or other individual authorized by the Board of Education or State or federal law to make such a request. Unless its retention is required as described in items numbered 3 or 4 above, a public record, as defined by the Illinois Local Records Act, may be destroyed when authorized by the Local Records Commission. See the sample policy, 2:200, Board of Education Meeting Procedure, for all relevant footnotes. Also see administrative procedure 2:250-AP2, Protocols for Record Preservation and Development of Retention Schedules, for recommendations regarding school district records retention protocols and links to web-based record management resources. Open Meeting Minutes Are you required to approve them? Must they be semi- annually reviewed? May you release them to the public? May you destroy them? Yes, within 30 days No. Yes, must within ten days No. or at the next subsequent meeting, whichever is later. Unlike the closed meeting requirement, OMA does not contain semi-annual after minutes are approved. The minutes of meetings open to the There is no OMA provision permitting the destruction of open meeting minutes, and they must be A public body shall approve the minutes of its open review requirements for open meeting minutes. public shall be available for public inspection within 10 days after the preserved unless the State Local Records Commission has given meeting within 30 approval of such permission to destroy days after that minutes by the public them.

Held to Discuss. Dates of Closed Sessions Specific employee(s) or District legal counsel; however, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with [the Open Meetings Act]. 5 ILCS 120/2(c)(1), amended by P.A. 99-646. Collective negotiating matters or deliberations concerning salary schedules for one or more classes of employees. 5 ILCS 120/2(c)(2). Selection of a person to fill a vacancy on the Board. 5 ILCS 120/2(c)(3). Evidence or testimony presented in a hearing where authorized by law. 5 ILCS 120/2(c)(4). Purchase or lease of real property. 5 ILCS 120/2(c)(5). Setting of a price for sale or lease of District property. 5ILCS 120/2(c)(6). Sale or purchase of securities, investments, or investment contracts. 5 ILCS 120/2(c)(7). Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger. 5 ILCS 120/2(c)(8). Student disciplinary cases. 5 ILCS 120/2(c)(9). Minutes of meetings held for this reason shall never be released to protect the individual student's privacy. Any matter involving an individual student. 5 ILCS 120/2(c)(10). Minutes of meetings held for this reason shall never be released to protect the individual student's privacy. Litigation, when an action against, affecting, or on behalf of the District has been filed and is pending before a court or administrative tribunal, or when the Board finds that an action is probable or imminent. 5 ILCS 120/2(c)(11). Establishment of reserves or settlement of claims as provided in the Local Government and Governmental Employees Tort Immunity Act or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the District or any intergovernmental risk management association or self insurance pool. 5 ILCS 120/2(c)(12). Self-evaluation, practices and procedures or professional ethics, when meeting with an IASB representative. 5 ILCS 120/2(c)(16). Minutes of meetings lawfully closed, whether for purposes of approval or semi-annual review. 5 ILCS 120/2(c)(21). Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America. 5 ILCS 120/2(c)(29). DATED: February 25March 20, 2019 Central A & M CUD 21 2:220-E7 Exhibit - Access to Closed Meeting Minutes and Verbatim Recordings The Board must allow its duly elected officials or appointed officials filling a vacancy of an elected office access to closed session minutes and verbatim recordings (5 ILCS 120/2.06(e)), amended by P.A. 99-515. The following subheads implement the logistics of granting this access. Access to Closed Meeting Minutes Duplicate this section for each grant of access to closed meeting minutes. Date: Time: Storage Location: Name of person(s) responsible for storing the closed meeting minutes: Access granted Date access occurred: Start time: End time: Requesting Board member's name (Please print) In the presence of: (Check appropriate box and insert name on line.) Recording Secretary Superintendent or designated administrator Elected Board member For requesting Board member: (Read the following and sign below.) While the Open Meetings Act does not provide a cause of action against me or the Board for disclosing closed session discussions (Xxxxxxx v. Board of Police Commissioners, 555 N.E. 2d 35 (1990)), I acknowledge and understand that any disclosures by me of information in the closed session minutes not yet released to the public could subject me to a possible civil action alleging that I created harm to another, i.e., an intentional tort(s). Requesting Board Member Signature Date Verbatim Recording Access Duplicate this section for each grant of access to verbatim recordings. Date: Time: Storage Location: Name of person(s) responsible for storing the verbatim recording: Access granted Date access occurred: Start time: End time: Requesting Board member's name (Please print) In the presence of: (Check appropriate box and insert name on line.) Recording Secretary Superintendent or designated administrator Elected Board member Access denied Access unavailable. Xxxxxxxx recording requested is older than 18 months and was destroyed pursuant to 5 ILCS 120/2.06(c). For requesting Board member: (Read the following and sign below.) While the Open Meetings Act does not provide a cause of action against me or the Board for disclosing closed session discussions (Xxxxxxx v. Board of Police Commissioners, 555 N.E. 2d 35 (1990)), I acknowledge and understand that any disclosures by me of information in the verbatim recordings could subject me to a possible civil action alleging that I created harm to another, i.e., an intentional tort(s). Requesting Board Member Signature Date DATED: February 25, 2019 Central A & M CUD 21 2:220-E8 Exhibit - 2012 2:230 Public Participation at Board of Education Records Maintenance Requirements Meetings and FAQs Open Meetings Act The Open Meetings Act (OMA) requires public bodies Petitions to "keep written minutes of all their meetingsthe Board At each regular and special open meeting, whether open or closed, and a verbatim record of all their closed meetings in the form of an audio or video recording." 5 ILCS 120/2.06(a). Minutes must include, but are not limited to: (1) the date, time, and place of the meeting; (2) the members of the public body recorded as either present and District employees may comment on or absent and whether ask questions of the members were physically present or present by means of video or audio conference; and (3) a summary of discussion on all matters proposedBoard, deliberated, or decided, and record of any votes taken. Id. The remainder of Section 2.06 addresses the approval of open meeting minutes, the treatment of verbatim recordings of closed meetings, the semi-annual review of closed meeting minutes, the confidential nature of closed meeting minutes, and the right of persons subject to address public officials under rules established and recorded by the public bodyreasonable constraints. The requirements of Section 2.06, as well as OMA requirements pertaining to Board agendas, are included in policy 2:220, Board of Education Meeting Procedure. Exhibit 2:220-E3, Closed Meeting Minutes, provides a sample template for keeping closed meeting minutes that incorporates the requirements of Section 2.06 of OMA. It also includes an area to designate if individuals appearing before the Board has determined, pursuant are expected to Section 2.06(d), that the closed meeting minutes no longer need confidential treatment. Exhibit 2:220-E4, Open Meeting Minutes, contains an open meeting minute's protocol that incorporates the requirements of Section 2.06 of OMA. It also provides a sample template for keeping open meeting minutes. Exhibit 2:220-E5, Semi-Annual Reviewof Closed Meeting Minutes, contains a process for implementing the semi-annual review of closed meeting minutes, and exhibit 2:220-E6, Log of Closed Meeting Minutes, is designed to facilitate this semi-annual review. Local Records Act The Local Records Act (LRA) provides that public records, including "any book, paper, map, photograph, digitized electronic material, or other official documentary material, regardless of physical form or characteristics, made, produced, executed or received by any agency or officer pursuant to law or in connections with the transaction of public business and preserved or appropriate for preservation by such agency or officer" must be preserved unless the State Local Records Commission has given permission to destroy those records. 50 ILCS 205/3 and 7. Board records, including agendas, meeting packets and meeting minutes, fall into this definition. Public bodies located in Cook County must work with the Local Records Commission of Cook County to determine how long they must retain public records. Public bodies located outside of Cook County must work with the Downstate Local Records Commission to determine how long they must retain public records. Policy 2:250, Access to District Public Records, contains a subhead entitled Preserving Public Records which provides as follows: Public records, including email messages, shall be preserved and cataloged if: (1) they are evidence of the District's organization, function, policies, procedures, or activities, (2) they contain informational data appropriate for preservation, (3) their retention is required by State or federal law, or (4) they are subject to a retention request by the Board Attorney (e.g., a litigation hold), District auditor, or other individual authorized by the Board of Education or State or federal law to make such a request. Unless its retention is required as described in items numbered 3 or 4 above, a public record, as defined by the Illinois Local Records Act, may be destroyed when authorized by the Local Records Commission. See the sample policy, 2:200, Board of Education Meeting Procedure, for all relevant footnotes. Also see administrative procedure 2:250-AP2, Protocols for Record Preservation and Development of Retention Schedules, for recommendations regarding school district records retention protocols and links to web-based record management resources. Open Meeting Minutes Are you required to approve them? Must they be semi- annually reviewed? May you release them to the public? May you destroy them? Yes, within 30 days No. Yes, must within ten days No. or at the next subsequent meeting, whichever is later. Unlike the closed meeting requirement, OMA does not contain semi-annual after minutes are approved. The minutes of meetings open to the There is no OMA provision permitting the destruction of open meeting minutes, and they must be A public body shall approve the minutes of its open review requirements for open meeting minutes. public shall be available for public inspection within 10 days after the preserved unless the State Local Records Commission has given meeting within 30 approval of such permission to destroy days after that minutes by the public them.follow these guidelines:

Held to Discuss. Dates of Closed Sessions Specific employee(s) or District legal counsel; however, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with [the Open Meetings Act]. 5 ILCS 120/2(c)(1), amended by P.A. 99-646. Collective negotiating matters or deliberations concerning salary schedules for one or more classes of employees. 5 ILCS 120/2(c)(2). Selection of a person to fill a vacancy on the Board. 5 ILCS 120/2(c)(3). Evidence or testimony presented in a hearing where authorized by law. 5 ILCS 120/2(c)(4). Purchase or lease of real property. 5 ILCS 120/2(c)(5). Setting of a price for sale or lease of District property. 5ILCS 120/2(c)(6). Sale or purchase of securities, investments, or investment contracts. 5 ILCS 120/2(c)(7). Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger. 5 ILCS 120/2(c)(8)120/2(c) (8). Student disciplinary cases. 5 ILCS 120/2(c)(9). Minutes of meetings held for this reason shall never be released to protect the individual student's privacy. Any matter involving an individual student. 5 ILCS 120/2(c)(10). Minutes of meetings held for this reason shall never be released to protect the individual student's privacy. Litigation, when an action against, affecting, or on behalf of the District has been filed and is pending before a court or administrative tribunal, or when the Board finds that an action is probable or imminent. 5 ILCS 120/2(c)(11120/2(c) (11). Establishment of reserves or settlement of claims as provided in the Local Government and Governmental Employees Tort Immunity Act or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the District or any intergovernmental risk management association or self insurance pool. 5 ILCS 120/2(c)(12). Self-evaluation, practices and procedures or professional ethics, when meeting with an IASB representative. 5 ILCS 120/2(c)(16). Minutes of meetings lawfully closed, whether for purposes of approval or semi-annual review. 5 ILCS 120/2(c)(21). Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America. 5 ILCS 120/2(c)(29). DATED: February 25October 16, 2019 Central A & M CUD 21 2018 Hoopeston Area CUSD 11 2:220-E7 Exhibit - Access to Closed Meeting Minutes and Verbatim Recordings The Board must allow its duly elected officials or appointed officials filling a vacancy of an elected office access to closed session minutes and verbatim recordings (5 ILCS 120/2.06(e)), amended by P.A. 99-515. The following subheads implement the logistics of granting this access. Access to Closed Meeting Minutes Duplicate this section for each grant of access to closed meeting minutes. Date: Time: Storage Location: Name of person(s) responsible for storing the closed meeting minutes: Access granted Date access occurred: Start time: End time: Requesting Board member's name (Please print) In the presence of: (Check appropriate box and insert name on line.) Recording Secretary Superintendent or designated administrator Elected Board member For requesting Board member: (Read the following and sign below.) While the Open Meetings Act does not provide a cause of action against me or the Board for disclosing closed session discussions (Xxxxxxx v. Board of Police Commissioners, 555 N.E. 2d 35 (1990)), I acknowledge and understand that any disclosures by me of information in the closed session minutes not yet released to the public could subject me to a possible civil action alleging that I created harm to another, i.e., an intentional tort(s). Requesting Board Member Signature Date Verbatim Recording Access Duplicate this section for each grant of access to verbatim recordings. Date: Time: Storage Location: Name of person(s) responsible for storing the verbatim recording: Access granted Date access occurred: Start time: End time: Requesting Board member's name (Please print) In the presence of: (Check appropriate box and insert name on line.) Recording Secretary Superintendent or designated administrator Elected Board member Access denied Access unavailable. Xxxxxxxx recording requested is older than 18 months and was destroyed pursuant to 5 ILCS 120/2.06(c). For requesting Board member: (Read the following and sign below.) While the Open Meetings Act does not provide a cause of action against me or the Board for disclosing closed session discussions (Xxxxxxx v. Board of Police Commissioners, 555 N.E. 2d 35 (1990)), I acknowledge and understand that any disclosures by me of information in the verbatim recordings could subject me to a possible civil action alleging that I created harm to another, i.e., an intentional tort(s). ? Requesting Board Member Signature Date DATED: February 25October 16, 2019 Central A & M CUD 21 2018 Hoopeston Area CUSD 11 2:220-E8 Exhibit - Board of Education Records Maintenance Requirements and FAQs Open Meetings Act The Open Meetings Act (OMA) requires public bodies to "keep written minutes of all their meetings, whether open or closed, and a verbatim record of all their closed meetings in the form of an audio or video recording." 5 ILCS 120/2.06(a). Minutes must include, but are not limited to: (1) the date, time, and place of the meeting; (2) the members of the public body recorded as either present or absent and whether the members were physically present or present by means of video or audio conference; and (3) a summary of discussion on all matters proposed, deliberated, or decided, and record of any votes taken. Id. The remainder of Section 2.06 addresses the approval of open meeting minutes, the treatment of verbatim recordings of closed meetings, the semi-annual review of closed meeting minutes, the confidential nature of closed meeting minutes, and the right of persons to address public officials under rules established and recorded by the public body. The requirements of Section 2.06, as well as OMA requirements pertaining to Board agendas, are included in policy 2:220, Board of Education Meeting Procedure. Exhibit 2:220-E3, Closed Meeting Minutes, provides a sample template for keeping closed meeting minutes that incorporates the requirements of Section 2.06 of OMA. It also includes an area to designate if the Board has determined, pursuant to Section 2.06(d), that the closed meeting minutes no longer need confidential treatment. Exhibit 2:220-E4, Open Meeting Minutes, contains an open meeting minute's protocol that incorporates the requirements of Section 2.06 of OMA. It also provides a sample template for keeping open meeting minutes. Exhibit 2:220-E5, Semi-Annual Reviewof Closed Meeting Minutes, contains a process for implementing the semi-annual review of closed meeting minutes, and exhibit 2:220-E6, Log of Closed Meeting Minutes, is designed to facilitate this semi-semi- annual review. Local Records Act The Local Records Act (LRA) provides that public records, including "any book, paper, map, photograph, digitized electronic material, or other official documentary material, regardless of physical form or characteristics, made, produced, executed or received by any agency or officer pursuant to law or in connections with the transaction of public business and preserved or appropriate for preservation by such agency or officer" must be preserved unless the State Local Records Commission has given permission to destroy those records. 50 ILCS 205/3 and 7. Board records, including agendas, meeting packets and meeting minutes, fall into this definition. Public bodies located in Cook County must work with the Local Records Commission of Cook County to determine how long they must retain public records. Public bodies located outside of Cook County must work with the Downstate Local Records Commission to determine how long they must retain public records. Policy 2:250, Access to District Public Records, contains a subhead entitled Preserving Public Records which provides as follows: Public records, including email messages, shall be preserved and cataloged if: (1) they are evidence of the District's organization, function, policies, procedures, or activities, (2) they contain informational data appropriate for preservation, (3) their retention is required by State or federal law, or (4) they are subject to a retention request by the Board Attorney (e.g., a litigation hold), District auditor, or other individual authorized by the Board of Education or State or federal law to make such a request. Unless its retention is required as described in items numbered 3 or 4 above, a public record, as defined by the Illinois Local Records Act, may be destroyed when authorized by the Local Records Commission. See the sample policy, 2:200, Board of Education Meeting Procedure, for all relevant footnotes. Also see administrative procedure 2:250-AP2, Protocols for Record Preservation and Development of Retention Schedules, for recommendations regarding school district records retention protocols and links to web-based record management resources. Open Meeting Minutes Are you required to approve them? Must they be semi- annually reviewed? May you release them to the public? May you destroy them? Yes, within 30 days No. Yes, must within ten days No. or at the next subsequent meeting, whichever is laterNo. Unlike the closed meeting requirementYes, OMA does not contain semi-annual must within ten days after minutes are approved. The minutes of meetings open to the No. There is no OMA provision permitting the destruction of open meeting minutes, and they must be A public body shall approve the minutes of its open review requirements for open meeting minutes. public shall be available for public inspection within 10 days after the preserved unless the State Local Records Commission has given meeting within 30 approval of such permission to destroy days after that minutes by the public them.preserved

Held to Discuss. Dates of Closed Sessions Specific employee(s) or District legal counsel; however, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with [the Open Meetings Act]. 5 ILCS 120/2(c)(1), amended by P.A. 99-646. Collective negotiating matters or deliberations concerning salary schedules for one or more classes of employees. 5 ILCS 120/2(c)(2). Selection of a person to fill a vacancy on the Board. 5 ILCS 120/2(c)(3). Evidence or testimony presented in a hearing where authorized by law. 5 ILCS 120/2(c)(4). Purchase or lease of real property. 5 ILCS 120/2(c)(5). Setting of a price for sale or lease of District property. 5ILCS 120/2(c)(6). Sale or purchase of securities, investments, or investment contracts. 5 ILCS 120/2(c)(7). Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger. 5 ILCS 120/2(c)(8). Student disciplinary cases. 5 ILCS 120/2(c)(9). Minutes of meetings held for this reason shall never be released to protect the individual student's privacy. Any matter involving an individual student. 5 ILCS 120/2(c)(10). Minutes of meetings held for this reason shall never be released to protect the individual student's privacy. Litigation, when an action against, affecting, or on behalf of the District has been filed and is pending before a court or administrative tribunal, or when the Board finds that an action is probable or imminent. 5 ILCS 120/2(c)(11). Establishment of reserves or settlement of claims as provided in the Local Government and Governmental Employees Tort Immunity Act or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the District or any intergovernmental risk management association or self insurance pool. 5 ILCS 120/2(c)(12). Self-evaluation, practices and procedures or professional ethics, when meeting with an IASB representative. 5 ILCS 120/2(c)(16). Minutes of meetings lawfully closed, whether for purposes of approval or semi-annual review. 5 ILCS 120/2(c)(21120/2(c) (21). Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America. 5 ILCS 120/2(c)(29). DATED: February 25, 2019 Central A & M CUD 21 2:220-E7 Exhibit - Access to Closed Meeting Minutes and Verbatim Recordings The Board must allow its duly elected officials or appointed officials filling a vacancy of an elected office access to closed session minutes and verbatim recordings (5 ILCS 120/2.06(e)), amended by P.A. 99-515. The following subheads implement the logistics of granting this access. Access to Closed Meeting Minutes Duplicate this section for each grant of access to closed meeting minutes. Date: Time: Storage Location: Name of person(s) responsible for storing the closed meeting minutes: Access granted Date access occurred: Start time: End time: Requesting Board member's name (Please print) In the presence of: (Check appropriate box and insert name on line.) Recording Secretary Superintendent or designated administrator Elected Board member For requesting Board member: (Read the following and sign below.) While the Open Meetings Act does not provide a cause of action against me or the Board for disclosing closed session discussions (Xxxxxxx v. Board of Police Commissioners, 555 N.E. 2d 35 (1990)), I acknowledge and understand that any disclosures by me of information in the closed session minutes not yet released to the public could subject me to a possible civil action alleging that I created harm to another, i.e., an intentional tort(s). Requesting Board Member Signature Date Verbatim Recording Access Duplicate this section for each grant of access to verbatim recordings. Date: Time: Storage Location: Name of person(s) responsible for storing the verbatim recording: Access granted Date access occurred: Start time: End time: Requesting Board member's name (Please print) In the presence of: (Check appropriate box and insert name on line.) Recording Secretary Superintendent or designated administrator Elected Board member Access denied Access unavailable. Xxxxxxxx recording requested is older than 18 months and was destroyed pursuant to 5 ILCS 120/2.06(c). For requesting Board member: (Read the following and sign below.) While the Open Meetings Act does not provide a cause of action against me or the Board for disclosing closed session discussions (Xxxxxxx v. Board of Police Commissioners, 555 N.E. 2d 35 (1990)), I acknowledge and understand that any disclosures by me of information in the verbatim recordings could subject me to a possible civil action alleging that I created harm to another, i.e., an intentional tort(s). Requesting Board Member Signature Date DATED: February 25, 2019 Central A & M CUD 21 2:220-E8 Exhibit - Board of Education Records Maintenance Requirements and FAQs Open Meetings Act The Open Meetings Act (OMA) requires public bodies to "keep written minutes of all their meetings, whether open or closed, and a verbatim record of all their closed meetings in the form of an audio or video recording." 5 ILCS 120/2.06(a). Minutes must include, but are not limited to: (1) the date, time, and place of the meeting; (2) the members of the public body recorded as either present or absent and whether the members were physically present or present by means of video or audio conference; and (3) a summary of discussion on all matters proposed, deliberated, or decided, and record of any votes taken. Id. The remainder of Section 2.06 addresses the approval of open meeting minutes, the treatment of verbatim recordings of closed meetings, the semi-annual review of closed meeting minutes, the confidential nature of closed meeting minutes, and the right of persons to address public officials under rules established and recorded by the public body. The requirements of Section 2.06, as well as OMA requirements pertaining to Board agendas, are included in policy 2:220, Board of Education Meeting Procedure. Exhibit 2:220-E3, Closed Meeting Minutes, provides a sample template for keeping closed meeting minutes that incorporates the requirements of Section 2.06 of OMA. It also includes an area to designate if the Board has determined, pursuant to Section 2.06(d), that the closed meeting minutes no longer need confidential treatment. Exhibit 2:220-E4, Open Meeting Minutes, contains an open meeting minute's protocol that incorporates the requirements of Section 2.06 of OMA. It also provides a sample template for keeping open meeting minutes. Exhibit 2:220-E5, Semi-Annual Reviewof Review of Closed Meeting Minutes, contains a process for implementing the semi-annual review of closed meeting minutes, and exhibit 2:220-2:220- E6, Log of Closed Meeting Minutes, is designed to facilitate this semi-annual review. Local Records Act The Local Records Act (LRA) provides that public records, including "any book, paper, map, photograph, digitized electronic material, or other official documentary material, regardless of physical form or characteristics, made, produced, executed or received by any agency or officer pursuant to law or in connections with the transaction of public business and preserved or appropriate for preservation by such agency or officer" must be preserved unless the State Local Records Commission has given permission to destroy those records. 50 ILCS 205/3 and 7. Board records, including agendas, meeting packets and meeting minutes, fall into this definition. Public bodies located in Cook County must work with the Local Records Commission of Cook County to determine how long they must retain public records. Public bodies located outside of Cook County must work with the Downstate Local Records Commission to determine how long they must retain public records. Policy 2:250, Access to District Public Records, contains a subhead entitled Preserving Public Records which provides as follows: Public records, including email messages, shall be preserved and cataloged if: (1) they are evidence of the District's organization, function, policies, procedures, or activities, (2) they contain informational data appropriate for preservation, (3) their retention is required by State or federal law, or (4) they are subject to a retention request by the Board Attorney (e.g., a litigation hold), District auditor, or other individual authorized by the Board of Education or State or federal law to make such a request. Unless its retention is required as described in items numbered 3 or 4 above, a public record, as defined by the Illinois Local Records Act, may be destroyed when authorized by the Local Records Commission. See the sample policy, 2:200, Board of Education Meeting Procedure, for all relevant footnotes. Also see administrative procedure 2:250-AP2, Protocols for Record Preservation and Development of Retention Schedules, for recommendations regarding school district records retention protocols and links to web-based record management resources. Open Meeting Minutes Are you required to approve them? Must they be semi- annually reviewed? May you release them to the public? May you destroy them? Yes, within 30 days No. Yes, must within ten days No. or at the next subsequent meeting, whichever is later. Unlike the closed meeting requirement, OMA does not contain semi-annual after minutes are approved. The minutes of meetings open to the There is no OMA provision permitting the destruction of open meeting minutes, and they must be A public body shall approve the minutes of its open review requirements for open meeting minutes. public shall be available for public inspection within 10 days after the preserved unless the State Local Records Commission has given meeting within 30 approval of such permission to destroy days after that minutes by the public them.,