The challenges of being a park commissioner are formidable. Not only do you have to determine what the community wants and set policy to make sure it's delivered, but you also have to know enough about the laws that govern park districts so that you don't get yourself in trouble. Fortunately, park districts have legal counsel, and boards typically rely on that counsel when they take action. The interesting part of this is keeping up with the ever-changing state laws that affect you.

This issue's column features a look at the sunshine law called the Open Meetings Act and highlights some new and old provisions with which all elected officials should be familiar.

Question: As a park commissioner, can I talk to my fellow elected officials when I see them outside the boardroom?
The best approach to this question is to go through a short checklist involving the Open Meetings Act and its definition of a meeting. The Act defines a meeting as the gathering of a majority of a quorum for the purpose of discussing public business. So, on a five-person board, a quorum is three and a majority is two. Does this mean at a chance meet at the supermarket you must walk silently away, and does this kill your plans for that summer barbecue with the board?

No, and I'm amazed at the large number of boards that never really get to know each other because of their fear that as they interact they will be in violation of the Open Meetings Act. So enjoy that barbecue and don't avoid each other at the market. But, do remember this rule of thumb: If you get together, do not discuss park board business. The effectiveness of staff, that new parcel of land just listed that you think would be great for soccer fields or why greens fees aren't as high as at your neighboring districts are out of bounds for discussion. When the board attorney isn't nearby to ask if your actions would be violating the Act, just use common sense as your guideline. The intent of the Open Meetings Act is to encourage decision-making that is open, subject to discussion by the board and not pre-decided before the meeting starts. With this in mind, enjoy your fellow board members and your service to the community.

Question: Should our board avoid going into closed sessions?
Don't hesitate to go into a closed session if the circumstances and the subject matter dictate it. Many times the public is better served when the board goes into closed session. Just follow these simple steps and your closed sessions will be trouble free.

• A majority of a quorum must vote for the board to go into closed session.

• The vote of each board member and the specific exception regarding subject matter must be recorded and entered into the minutes of the regular meeting. So, do a roll call and cite by topic and section number the exception contained in Article 2 of the Open Meetings Act. This

The Pew Center on the States has a really awesome website on state issues at www.stateline.org. Its intent is "...to help policy makers and engaged citizens become better informed about innovative public policies." Another great resource for state issues is the Council on State Governments at www.csg.org. There are a number of useful reports on trends at the state level in a range of areas such as the environment, health care and infrastructure. Finally, for all the latest scandals, gossip and, of course, national news, check out CNN's Politics page at www.cnn.com/ALLPOLITICS/. The stories are constantly updated and run the gamut from state politics to international affairs.

10 ¦ Illinois Parks and Recreation

INQUIRING MINDS WANT TO KNOW

sounds more complicated than it is because there are so few exceptions a park board is able to use for closed sessions.

• Finally, it is permissible to seek consensus by discussing, arguing or debating the topic thoroughly, but, don't take final action in the closed session. All final action must be taken during the open, regular portion of your meeting preceded by a public recital of the nature of the matter being considered. Give the public information that will bring them into the loop on the action being taken. You don't have to justify your reasoning, but you do need to let the public know what's going on. Many times the board president or the maker of the motion regarding final action plays this role.

Question: Do the new amendments to the Open Meetings Act mean the board must videotape closed sessions?
Under new provisions approved by the Governor, your board has the right to choose between video and audiotape. But beginning January 1, 2004, all closed sessions must be recorded. This legislation stemmed from concerns by the Illinois Press Association that elected bodies strayed from their original reasons for going into closed sessions and discussed and decided all types of unrelated issues. While this doesn't happen at park board meetings, it is still helpful to be mindful of the following suggestions.

• When you meet in closed session, go in for one purpose r subject matter, deal with it and go back to regular session.

• If multiple closed session topics are up for consideration, go into a closed session for each to avoid mixing topics.

• Keep a separate cassette tape for each closed session. Tapes are cheap and this will assist in review and disposal in the future.

• Consult your attorney on setting up a process to ensure proper compliance.

Question: How should the board store closed session tapes and how long should we keep them?
The good news with the new law is that the only outside person who can review the tapes of your closed session is a judge "in camera," meaning in private for the sole purpose of determining if your board violated the Act.

• The tapes may be destroyed 18 months after the completion of the meeting as long as the public body approves the minutes from the closed session. Since a board is already required to do a review of closed session minutes every six months to determine if confidentiality still exists with regard to the past closed session of the board, this can easily be scheduled. Note that minutes are not required to be transcribed verbatim and simply need to follow the form and fashion of your meeting minutes.

• It is suggested that all recordings of closed sessions be kept in a secure location by the board secretary and dated for both the meeting date and the first date they may be destroyed.

• Remember, in contrast to all the other records of your agency, these tapes may be destroyed without prior notification of the Local Records Commission.

• Finally, consult your attorney prior to setting up procedures for compliance and remember if storage of closed session tapes ever gets to be a problem, maybe you need to review your board's need for closed sessions.

Question: We like our attorney but, we don't think she is billing us enough and don't want to embarrass her by openly discussing her compensation. Since the Open Meetings Act doesn't allow us to go into closed session to discuss independent contractors what do we do?

A new amendment to the Open Meetings Act Public Act 93-57 for the first time allows a board to go into closed session to discuss the appointment, employment, compensation, discipline, performance or dismissal of legal counsel for the public body including hearing testimony on a complaint lodged against the legal counsel for the public body to determine its validity.

Now your legal counsel can be treated just like other employees under the Open Meetings Act. So, in this scenario, if an increase in compensation is in order you can discuss it in closed session. Just remember to take all final action in the regular meeting. •

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