Rules Regarding Unofficial Recording of Public Library Board Meetings
WHEREAS, the Illinois Open Meetings Act (5 ILCS 120/2.05) (the “Act”) provides that “… any person may record the proceedings at meetings required to be open by this Act by tape, film or other means”; and
WHEREAS, the Act further requires the governing authority (Board of Library Trustees, in this case) to prescribe reasonable rules to govern the right to make such recordings; and
WHEREAS, the Board of Library Trustees desires to establish reasonable rules governing the unofficial recording of public meetings of the Board of Library Trustees, and its committees, by tape, film or otherwise.
NOW, BE IT RESOLVED by the Board of Library Trustees of the Eisenhower Public Library District, Cook County, Illinois, as follows:
SECTION ONE: DEFINITIONS
1. Audience is defined as those persons who attend a public meeting but are neither members of the public body holding the meeting, nor employees of the public body attending the meeting in an official capacity.
2. Presiding officer is the person who officiates over the meeting.
3. Public meeting is a meeting of a public body of the Eisenhower Public Library District as defined by the Illinois Open Meetings Act, 5 Illinois Compiled Statutes 120 et seq. as amended from time to time.
4. Public body consists of the elected and appointed Board and committee members holding a public meeting and Eisenhower Public Library District employees assisting said members.
5. Recording is an unofficial duplication of sound or image by any mechanical means including photography, audiotaping or videography.
6. Special accommodations include special or additional seating, lighting, designated space for microphones or recording equipment, access to electrical power, and accommodations necessary or desirable for the recording of a public meeting.
7. Witness is a person who gives sworn statements before the public body.
SECTION TWO: POLICY
It is the Library District’s policy to cooperate with representatives of the print and broadcast media and with other members of the public who wish to record public meetings of the Board of Library Trustees by tape, film or other means, so long as said recordings are not disruptive to the meeting, and do not violate the rights of the members of the public body, witnesses and the public.
SECTION THREE: RULES OF PROCEDURE
1. Any person may record the proceedings of a public meeting by tape, film, or other means subject to the following rules.
2. Meetings which are closed to the public may not be recorded except as required and authorized by the Open Meetings Act.
3. No recordings shall be allowed unless the person seeking to record a public meeting notifies the Secretary of the Board of Library Trustees of his or her intent to record said meeting prior to the meeting. Further, any requests for special accommodations must be made at least two (2) business days before the meeting.
4. The President of the Board of Library Trustees may in his or her sole discretion grant any special accommodation requests.
5. The President of the Board of Library Trustees may designate a location for recording equipment, restrict the movements of individuals who are using the recording equipment or take other steps that are deemed necessary to preserve the decorum of the meeting and facilitate the conduct of business.
6. At the start of any meeting which is to be recorded, the President of the Board of Library Trustees shall notify the audience and any witness of the recording and advise all witnesses of their right to refuse to testify during any recording.
7. If a witness refuses to testify on the grounds that he may not be compelled to testify if any portion of his testimony is to be broadcast or televised or if motion pictures are to be taken of him while he is testifying, the President of the Board of Library Trustees or presiding officer shall prohibit such recording during the testimony of the witness.
8. The President of the Board of Library Trustees may prohibit the recording of any audience member who objects to the recording.
9. The President of the Board of Library Trustees may impose additional rules or limitations on any recording, as he or she deems necessary or appropriate to preserve the orderly operation and decorum of the meeting.
10. The President of the Board of Library Trustees shall order the immediate termination of any recording which is disruptive to the meeting, or which distracts, disturbs or is offensive to members of the public body, witnesses, or the audience.
11. No recording shall be used for a commercial for profit enterprise, without the written approval of the President of the Board of Library Trustees or the presiding officer.
12. Nothing in these rules shall be deemed to grant permission to publish or broadcast the recording of any individual.
13. These rules may be modified on a temporary basis for good cause shown by a majority vote of the Board of Library Trustees present at the meeting.
SECTION FOUR: EFFECTIVE DATE
This Resolution shall become effective immediately upon its passage as required by law.
PASSED this 19th day of December, 2013, pursuant to a roll call vote as follows:
AYES: Braun, Burkhart, Rothbart, Magnuson, Sticha, Magnelli.
APPROVED this 19th day of December, 2013.