OPEN MEETINGS ACT

LEGAL/LEGISLATIVE SCENE

SPECIAL LEGAL FEATURE

OPEN MEETINGS ACT

Recommended Executive Session Procedures
for Park and Forest Preserve Districts

The following summary of executive session procedures was written by Rick Tarulis of the Naperville law firm of James, Brooks, Adams and Tarulis. The summary was originally prepared at the request of the Board of Park Commissioners of the Wheaton Park District because of the various interpretations of, and changes in, the Open Meetings Act, and is reprinted with the permission of the Wheaton Park District. This update incorporates the Open Meetings Act requirements through January 1, 1992, recent case law including the Villa Park case, and opinions of the Illinois Attorney General and DuPage County State's Attorney.

I. NOTICE

Additional notice does not have to be given for an executive session held during a properly noticed regular meeting. For an executive session held at any other meeting, the executive session must be included on the agenda which is part of the notice for such other meeting.

Except for emergency and rescheduled regular meetings, notice is given by posting a copy at the administrative office, and by mailing, delivering or FAXing a copy to any news medium that has filed an annual request for such notice, at least 24 hours in advance of the meeting.

II. MOTION

It is necessary to be in a proper open meeting to make a motion to go into executive session. A majority of the board members present must approve the motion, and the vote of each member must be recorded in the minutes of the open meeting.

The motion may be worded as follows:

(Mr./Madam) President, I move that we convene into executive session under Section ___of the Open Meetings Act for the purpose of_______________.

The blank lines in the motion should be completed with one or more of the following proper bases for the executive session:

SECTION

DESCRIPTION OF PURPOSE

2Aa.

discussion of collective bargaining with employee representatives, or deliberations concerning salary schedules for one or more classes of employees

2Ac.

discussion of terms for an offer to acquire, or negotiations and strategy during the acquisition of, specific parcels of real estate, or discussion of terms for the sale of real estate

2Ah.

discussion of pending, or probable and imminent, litigation

2B1.

discussion of information regarding the appointment, employment or dismissal of an employee or officer, or to hear testimony on a complaint lodged against an employee or officer to determine its validity

2B8.

discussion of the appointment of a new member to fill a vacancy on the board

2B9.

discussion of establishment of reserves or settlement of claims under the Tort Immunity Act, or to review or discuss claims, loss or risk management information, records, data, advice or communications from or with respect to an insurer of the park district or PDRMA

Illinois Parks and Recreation

March/April 1992

LEGAL/LEGISLATIVE SCENE

SPECIAL LEGAL FEATURE

Pursuant to the DuPage County State's Attorney, it is also proper to hold an executive session for the sole purpose of reviewing executive session minutes for approval or release. The motion for such executive session would be as follows:
(Mr./Madam) President, I move that we convene into executive session for the purpose of review of executive session minutes.
III. DISCUSSION
Only those topics included in the motion to go into executive session may properly be discussed in the executive session. Final action may not be taken at a closed session. A decision or action taken is final if it is effective without further action by the board, and completely resolves the subject matter of the action.
IV. MINUTES
All minutes must include, at a minimum, the following:

a) the date, time and place of the meeting;
b) the members of the board which are present; and
c) a general description of all matters proposed, discussed or decided. The description should be sufficient to enable a reader to determine what was actually discussed, and should not contain vague references such as "personnel" or "litigation" without additional description.

If an executive session is held to discuss probable or imminent litigation, the basis for finding that such litigation is probable or imminent must be recorded into the minutes of the executive session.
V. REVIEW, APPROVAL AND RELEASE OF MINUTES
Executive session minutes shall be prepared as promptly as possible and reviewed at the next executive session. If an executive session is not scheduled at the next regular meeting after minutes are prepared, an executive session shall be called solely for the purpose of such review. All minutes shall be approved after review and, if necessary, revision.
At least semi-annually, all prior executive session minutes which have not been released to the public shall be reviewed for such release. Minutes which contain references to current-employees' discipline, salary or performance, pending land acquisition or sales, pending or probable litigation, or otherwise infringe on the public interest or the privacy of an individual, shall remain confidential. All other minutes shall be released to the public. Immediately after an executive session in which prior minutes are reviewed for release, the decision to release or keep minutes confidential shall be reported at the open meeting prior to adjournment.
Executive Session minutes shall not be released to the public prior to the Board meeting and decision to release such minutes as described above.
VI. ADJOURNMENT
All executive sessions must be adjourned into the open meeting which was in progress when the executive session was called.
The motion to adjourn may be worded simply as follows: "I move to adjourn into open session." A separate motion must be made to adjourn the open meeting.

Illinois Parks and Recreation 15 March/April 1992