Board Directors Minutes Without Oxygen In Illinois
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FAQ
Recording without consent in Illinois can lead to serious legal repercussions: Criminal Penalties: Unauthorized recording is classified as a felony offense, which can result in imprisonment.
Ing to 5 ILCS 120/Open Meetings Act, it is the public policy of Illinois that public bodies exist to aid in the conduct of the people's business and that the people have a right to be informed as to the conduct of their business.
What can I do if I think a public body has violated OMA? Within 60 calendar days from when the alleged violation occurred, you can file a Request for Review with the Public Access Counselor at the Office of the Attorney General, or you can bring a civil action in circuit court against the public body.
The Illinois Open Meetings Act 5 ILCS 120/ was enacted to protect the citizens' right to know the actions and reasoning of public body decisions, since the purpose of a public body is to assist the people. The statute fosters open meetings and is construed against closed meetings.
Subject to the provisions of Section 8-701 of the Code of Civil Procedure, any person may record the proceedings at meetings required to be open by this Act by tape, film or other means.
These "sunshine laws" are the Illinois Open Meetings Act and the Illinois Freedom of Information Act. The general purpose of the Open Meetings Act, is to provide public access to meetings of public officials and input into and review of decisions made at such meetings.
Consent must be provided by all meeting attendees before recording the session. Zoom recordings should avoid gallery view (thumbprint-sized photos) to avoid any violation of FERPA.
Recording meetings. Subject to the provisions of Section 8-701 of the Code of Civil Procedure, any person may record the proceedings at meetings required to be open by this Act by tape, film or other means. The authority holding the meeting shall prescribe reasonable rules to govern the right to make such recordings.
The minutes are a factual record of business. Do not include: Opinions or judgments: Leave out statements like "a well done report" or "a heated discussion." Criticism or accolades: Criticism of members, good or bad, should not be included unless it takes the form of an official motion.
There are three standard styles of minutes: action, discussion, and verbatim. Each style has a specific use. Action minutes record the decisions reached and the actions to be taken, though not recording the discussion that went into making the decisions. This is the most common form of minutes used.
