A-20: Closed Sessions of the Board
Adoption Date: 09/17/90 | Revision Date: 12/15/03 | Revision Date: 09/26/06 | Revision Date: 08/26/08 | Revision Date: 01/31/12 | Revision Date: 04/26/16
Closed Sessions (closed meetings) of the Board of Trustees may be held to consider the following reasons for a closed meeting as outlined in the Illinois Open Meetings Act (120/2, Illinois Public Community College Act), as revised January 1, 1995. Those matters outlined in the Act that do not pertain to Prairie State College are not cited herein. No final action may be taken during a Closed Session (closed meeting).
- Employee Appointment, Compensation, Discipline, Performance, Dismissal, Complaints:
The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee or against legal counsel for the public body to determine its validity.
- Employee Collective Negotiations/Salary Schedule Deliberations:
Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.
- Public Office - Selection, Discipline or Removal:
The selection of a person to fill a public office, as defined in the Open Meetings Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.
- Evidence or Testimony presented in Open/Closed Hearings:
Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in the Open Meetings Act, provided that the body prepares and makes available for public inspection a written decision setting forth is determinative reasoning.
- Purchase or Lease of Property for College Use:
The purchase or lease of real property for the use of the public body.
- Sale or Lease of College-owned Property:
The setting of a price for sale or lease of property owned by the public body.
- Sale or Purchase of Securities, Investments or Investment Contracts:
The sale or purchase of securities, investments, or investment contracts
- Security Procedures and Responding to Danger:
Security procedures, school building safety and security, and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff or public property.
- Individual Student Disciplinary Cases and Other Matters:
- Student disciplinary cases.
- The placement of individual students in special education programs and other matters relating to individual students.
Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.
- Establishment of Reserves or Settlement of Claims:
The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member.
- Criminal Investigations:
Informant sources, the hiring or assignment of undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities.
- Professional Ethics or Performance When Considered by an Advisory Board:
Professional ethics or performance when considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body's field of competence.
- Meetings with Statewide Association Representative Regarding Self Evaluation, Practices,
Procedures or Ethics:
Self evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member.
- Discussion of Closed Meeting Minutes:
Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semiannual review of the minutes as mandated by Section 2.06 of the Open Meetings Act.
- Meetings Between Internal and External Auditors;
Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America.
The Board of Trustees may hold a Closed Session (closed meeting), or close a portion of a meeting, by a majority vote of a quorum present taken at an open meeting. The vote of each member of the Board of Trustees present shall be recorded in the Board minutes and shall be publicly disclosed at the time of the vote. The reason for the closed meeting, as listed above (Items A-O), must be clearly stated in the motion and recorded in the Board minutes of the open meeting.
Minutes of all Closed Sessions (closed meetings) shall include the following:
- The date, time and place of the meeting;
- The members of the Board recorded as either present or absent; and
- A summary of discussion on all matters proposed, deliberated, or decided and a record of any votes taken; and
- The names of any individual(s) who are the subject of the Closed Session.
- Recording of Closed Sessions:
- A verbatim record shall be kept of all meetings of the Board of Trustees or any subsidiary “public body” (as defined by the Illinois Open Meetings Act) of the college which are closed to the public. The verbatim record shall be in the form of an audio or video recording. In addition, minutes shall be kept of all closed meetings in the manner required by the Illinois Open Meetings Act. Minutes of closed meetings shall be placed before the Board or the subsidiary body, as the case may be, for approval as to form and content as soon as practicable following the closed meeting. The Secretary of the Board, or his/her designee, shall maintain the verbatim recordings and minutes of all closed sessions of the Board and all subsidiary public bodies of the college.
- At the beginning of each closed session, those present shall identify themselves by voice for the audio recording. If the meeting is videotaped, at the beginning of the meeting, those present shall individually appear on camera and identify themselves by voice. The chair of the meeting shall also announce the times the meeting commences and ends at the appropriate points on the recording.
- Statute requires a semi-annual review of closed session minutes. The agenda shall include the following item: “Review of the minutes of all closed sessions that have not yet been released for public review, and determination of which, if any, may then be released.” Minutes or recordings shall not be released unless the board finds that it is no longer necessary to protect the public interest or the privacy of an individual by keeping them confidential. As to any minutes or recordings not released, the board shall find that the “need for confidentiality still exists” as to those minutes or recordings. The administration shall prepare a recommendation for the board regarding the release and non-release of the respective recordings and minutes. Minutes of closed sessions shall be kept indefinitely.
- With regard to verbatim recordings of closed sessions, the agenda shall include the
following item: “Authorization for destruction of verbatim recordings of closed sessions.”
The administration shall present a list to the Board of Trustees the dates of closed
- A verbatim recording exists;
- The Board of Trustees has approved the minutes of the closed meeting as to form, regardless of whether the minutes have been released for public review; and
- There have been more than 18 months since the date of the closed meeting.
The Board of Trustees shall consider whether to authorize destruction of the verbatim recordings of those meetings. When ordered by the Board of Trustees, the Secretary of the Board shall destroy the recording of that closed meeting in a suitable manner.