Public Policy

Legislative Alerts

August 14, 2003

IAFPD Legislative Alert

On August 12, 2003 the Governor signed into law Public Act 93-0523 which amends the Illinois Open Meetings Act (5 ILCS 120) found at page 1 of the 2003 Edition of the Text of Laws. All fire protection districts should be aware of the amendments which will take effect January 1, 2004.

The Act requires all public bodies (which includes the Board of Trustees of a fire protection district) to make a verbatim record of all closed meetings (including closed sessions within an open meeting) of the body in the form of an audio or video recording.

The recording must be retained for at least 18 months following the meeting. After that, it may be destroyed if the body approves the destruction and written minutes of the closed meeting have been prepared and approved which meet the requirements of Section 2.06(a) of the Open Meetings Act (date, time and place of meeting; members of the public body present or absent; summary of discussions on all matters considered).

Unless the public body determines that there is no reason to maintain the confidentiality of the recording prior to its destruction, the recording is not subject to public inspection or to discovery in any administrative proceeding except a proceeding to enforce the Open Meetings Act against the body in which case a court may make an "in camera" (not open to the public) inspection of the recording for purposes of enforcing the law.

All districts should prepare to comply with this new law by the beginning of 2004.

Click here to view Public Act 93-0523 as posted on the Illinois General Assembly's web site.

Back to Public Policy