07/14/2016

By: Brittany Flaherty Theis

On June 30, 2016, Governor Rauner signed House Bill 4630 (“HB 4630”). HB 4630 amends the Open Meetings Act to require that all public bodies provide access to the minutes and verbatim recordings of closed session meetings to their board members. Access to the minutes and verbatim recordings must be granted in the public body’s main office or official storage location, in the presence of a records secretary, an administrative official of the public body, or any elected official of the public body. The amendment prohibits the recording or removal of the minutes or verbatim recordings, except by vote of the public body or by court order.

The Open Meetings Act states that the minutes of meetings closed to the public shall be available to the public 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. Additionally, the amendment does not change the Open Meetings Act’s language that the provisions regarding closed session recordings do not supersede the privacy or confidentiality provisions of Illinois or federal law. For that reason, there may be cases where a board member’s access to closed session recordings would need to be weighed against other laws. HB 4630 amended the Open Meetings Act to specifically state that neither of the provisions described above are intended to limit the Public Access Counselor’s access to records needed to address a request for administrative review pursuant to the Open Meetings Act.

HB 4630 became effective when it was signed by Governor Rauner on June 30, 2016. If you have any questions regarding the impact of HB 4630 or the Open Meetings Act in general, please contact Whitt Law Attorney Brittany Flaherty Theis.

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