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    Default 2006 laws pertaining to department websites

    Am I just imagining this or is this true? All fire protection districts with a web site in IL. now need to post the board of trustee minutes as part of the open meetings act. If it is true what happens if they are not in compliance?

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    I have not heard this. There hasn't been anything about this in the Association of Fire Protection Distric's newsletter, and they cover that sort of thing very thoroughly.

    Minutes don't have to be published anywhere, to my knowlege, but must be made available to anyone requesting them via the Freedom of Information Act. I'll do a little more research.
    Omnis Cedo Domus

    www.hinckleyfd.org

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    Jay, sorry for the long post but I just cut and copied out of the general assembly web site. This was done back in June of 2005. I you understand it better than I please explain it in simpleton terms. Remember we're firefighters not lawyers. Thanks

    Public Act 094-0028

    SB0226 Enrolled LRB094 07769 JAM 37947 b



    AN ACT concerning government.

    Be it enacted by the People of the State of Illinois,
    represented in the General Assembly:

    Section 5. The Open Meetings Act is amended by changing
    Sections 2.02 and 2.06 as follows:

    (5 ILCS 120/2.02) (from Ch. 102, par. 42.02)
    Sec. 2.02. Public notice of all meetings, whether open or
    closed to the public, shall be given as follows:
    (a) Every public body shall give public notice of the
    schedule of regular meetings at the beginning of each calendar
    or fiscal year and shall state the regular dates, times, and
    places of such meetings. An agenda for each regular meeting
    shall be posted at the principal office of the public body and
    at the location where the meeting is to be held at least 48
    hours in advance of the holding of the meeting. A public body
    that has a website that the full-time staff of the public body
    maintains shall also post on its website the agenda of any
    regular meetings of the governing body of that public body. Any
    agenda of a regular meeting that is posted on a public body's
    website shall remain posted on the website until the regular
    meeting is concluded. The requirement of a regular meeting
    agenda shall not preclude the consideration of items not
    specifically set forth in the agenda. Public notice of any
    special meeting except a meeting held in the event of a bona
    fide emergency, or of any rescheduled regular meeting, or of
    any reconvened meeting, shall be given at least 48 hours before
    such meeting, which notice shall also include the agenda for
    the special, rescheduled, or reconvened meeting, but the
    validity of any action taken by the public body which is
    germane to a subject on the agenda shall not be affected by
    other errors or omissions in the agenda. The requirement of
    public notice of reconvened meetings does not apply to any case

    where the meeting was open to the public and (1) it is to be
    reconvened within 24 hours, or (2) an announcement of the time
    and place of the reconvened meeting was made at the original
    meeting and there is no change in the agenda. Notice of an
    emergency meeting shall be given as soon as practicable, but in
    any event prior to the holding of such meeting, to any news
    medium which has filed an annual request for notice under
    subsection (b) of this Section.
    (b) Public notice shall be given by posting a copy of the
    notice at the principal office of the body holding the meeting
    or, if no such office exists, at the building in which the
    meeting is to be held. In addition, a public body that has a
    website that the full-time staff of the public body maintains
    shall post notice on its website of all meetings of the
    governing body of the public body. Any notice of an annual
    schedule of meetings shall remain on the website until a new
    public notice of the schedule of regular meetings is approved.
    Any notice of a regular meeting that is posted on a public
    body's website shall remain posted on the website until the
    regular meeting is concluded. The body shall supply copies of
    the notice of its regular meetings, and of the notice of any
    special, emergency, rescheduled or reconvened meeting, to any
    news medium that has filed an annual request for such notice.
    Any such news medium shall also be given the same notice of all
    special, emergency, rescheduled or reconvened meetings in the
    same manner as is given to members of the body provided such
    news medium has given the public body an address or telephone
    number within the territorial jurisdiction of the public body
    at which such notice may be given. The failure of a public body
    to post on its website notice of any meeting or the agenda of
    any meeting shall not invalidate any meeting or any actions
    taken at a meeting.
    (Source: P.A. 88-621, eff. 1-1-95; 89-86, eff. 6-30-95.)

    (5 ILCS 120/2.06) (from Ch. 102, par. 42.06)
    Sec. 2.06. (a) All public bodies shall 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. Minutes shall include, but need not be 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
    (3) a summary of discussion on all matters proposed,
    deliberated, or decided, and a record of any votes taken.
    (b) The minutes of meetings open to the public shall be
    available for public inspection within 7 days of the approval
    of such minutes by the public body. Beginning July 1, 2006, at
    the time it complies with the other requirements of this
    subsection, a public body that has a website that the full-time
    staff of the public body maintains shall post the minutes of a
    regular meeting of its governing body open to the public on the
    public body's website within 7 days of the approval of the
    minutes by the public body. Beginning July 1, 2006, any minutes
    of meetings open to the public posted on the public body's
    website shall remain posted on the website for at least 60 days
    after their initial posting.
    (c) The verbatim record may be destroyed without
    notification to or the approval of a records commission or the
    State Archivist under the Local Records Act or the State
    Records Act no less than 18 months after the completion of the
    meeting recorded but only after:
    (1) the public body approves the destruction of a
    particular recording; and
    (2) the public body approves minutes of the closed
    meeting that meet the written minutes requirements of
    subsection (a) of this Section.
    (d) Each public body shall periodically, but no less than
    semi-annually, meet to review minutes of all closed meetings.
    At such meetings a determination shall be made, and reported in
    an open session that (1) the need for confidentiality still
    exists as to all or part of those minutes or (2) that the

    minutes or portions thereof no longer require confidential
    treatment and are available for public inspection.
    (e) Unless the public body has made a determination that
    the verbatim recording no longer requires confidential
    treatment or otherwise consents to disclosure, the verbatim
    record of a meeting closed to the public shall not be open for
    public inspection or subject to discovery in any administrative
    or judicial proceeding other than one brought to enforce this
    Act. In the case of a civil action brought to enforce this Act,
    the court, if the judge believes such an examination is
    necessary, must conduct such in camera examination of the
    verbatim record as it finds appropriate in order to determine
    whether there has been a violation of this Act. In the case of
    a criminal proceeding, the court may conduct an examination in
    order to determine what portions, if any, must be made
    available to the parties for use as evidence in the
    prosecution. Any such initial inspection must be held in
    camera. If the court determines that a complaint or suit
    brought for noncompliance under this Act is valid it may, for
    the purposes of discovery, redact from the minutes of the
    meeting closed to the public any information deemed to qualify
    under the attorney-client privilege. The provisions of this
    subsection do not supersede the privacy or confidentiality
    provisions of State or federal law.
    (f) Minutes of meetings closed to the public shall be
    available only after the public body determines that it is no
    longer necessary to protect the public interest or the privacy
    of an individual by keeping them confidential.
    (Source: P.A. 93-523, eff. 1-1-04; 93-974, eff. 1-1-05.)




    Effective Date: 1/1/2006

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    I would like your thoughts on this one also Jay, as I maintain our departments website.
    Lilyogi

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    Well Truck, it looks to me like you're right. But, from what I understand of reading this (I ain't no smarter than anybody else on these forums), that this does not take effect until June 1, 2006.

    Also, and Yogi, this is for you, note that the text specifically calls out that the agenda, reschedules, minutes, etc., are only to be posted on a website, "that the full-time staff of the public body maintains...." So if you have no full-time staff, or if your website content is contracted out, you are exempt from this. That's how I interpret it, but you'd better check with your district/city lawyer.

    Very interesting.
    Omnis Cedo Domus

    www.hinckleyfd.org

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    Thanks Jay, I do think it has already started because on the very bottom it states effective date 1/1/2006

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    The act was effective on 1/1/06. You have to post your meeting dates/time and agenda. The requirement for minutes to be posted doesnt take effective till 7/1/06. Anyway be sure to read "full-time" staff. This bill will apply to very few.

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    When they say fulltime staff how does this work with combination departments?

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    Quote Originally Posted by TRUCK61
    When they say fulltime staff how does this work with combination departments?
    The way I'm reading this, it would pertain to you if your full time staff handles your website. For example, say on your department, Career Firefighter McGillicuddy is good with computers, so the Chief taps him to handle the department's website. In that case, this law applies.

    On the other hand, Podunk Community Fire District next to to you is all-volunteer, but the same situation developed: POC Firefighter McCracken handles that department's website. But since he is not full-time, the law does not apply.

    This is how I read it. But I'll bet you a cold drink that there is a lawyer out there interpreting it differently.
    Omnis Cedo Domus

    www.hinckleyfd.org

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