Municipal Clerks of Illinois

Municipal Clerk Reference Guide

Revised 2017

TABLE OF CONTENTS

Welcome from the President of Municipal Clerks of Illinois ...... 2 Mentor Committee Mission Statement/Elevator Speech ...... 3 Municipal Clerks of Illinois Purpose ...... 4 Code of Ethics ...... 5 Membership Application Form ...... 6 What District Am I In? ...... 7 MCI Regional Clerks Organizations...... 8 Membership Services of the Municipal Clerks of Illinois ...... 9 Suggestions for Clerks Education ...... 10 Education Summary Page (Continuing Educational Opportunities) ...... 11 History of the Municipal Clerk ...... 15 The Clerk’s Role in Municipal Government ...... 18 Business That May Take Place in Clerk’s Office ...... 21 Open Meetings Act by Keri-Lyn J. Krafthefer (Ancel, Glink) ...... 22 Freedom of Information Act by Steven D. Mahrt (Ancel, Glink) ...... 29 FOIA Policy Sample Forms ...... 34 Up to the Minute Tips on Minutes ...... 40 Open and Closed Session Board Minutes Samples ...... 48 Resolutions and Ordinance Samples ...... 54 Basic Information on Motions ...... 61 Notary Services ...... 63 Tribute to a Municipal Clerk ...... 66 Mentor Form ...... 67

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MUNICIPAL CLERKS OF ILLINOIS

Keepers of the Records

Established 1965

Welcome to MCI,

It is my pleasure as President of this great organization to welcome you as a member of the Municipal Clerks of Illinois.

Your journey as a Clerk has just begun and may appear overwhelming but your fellow Clerks are here to assist you through this process. You will not find a group more willing to answer questions, encourage you or just be there to listen.

As Clerk you are the Keeper of the Records but there is so much more to the position. You will soon become the face your municipality; the first person the citizens go to for concerns, documents or help. You will work closely with the Mayor, President, Council and Trustees to help them stay informed on new legislation or mandates from the State.

We are here to provide you opportunities to gather with your fellow clerks at various training seminars to learn what you need to be successful in this profession. You will develop a network of Clerks, and good friends that you can rely on for information and advice.

So please call on me and the other members of MCI as you start your journey as a Clerk.

Janet E. Gray, MMC

Municipal Clerks of Illinois President Rantoul

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MUNICIPAL CLERKS OF ILLINOIS REFERENCE GUIDE

Revised 2016

THE MISSION OF THE MCI MENTORING PROGRAM

To assist all Municipal C lerks in developing effective methods of performing their responsibilities according to state statute and local municipal code utilizing educational opportunities and assistance from the MCI Mentoring Program.

Elevator Speech Defining the Municipal Clerk Role

The Office of the Municipal Clerk is the: o Elections Official o Local Legislation Auditor o Municipal Officer o Political Reform Filing Officer o Records & Archives o Public Inquiries & Relationships o City/Village/Town Council Support Services

The Office of the Municipal Clerk is the local official who administers democratic processes such as elections, access to city records, and all legislative actions ensuring transparency to the public. The Municipal Clerk acts as a compliance officer for federal, state, and local statutes including the Political Reform Act, the Brown Act, and the Public Records Act. The Municipal Clerk manages public inquiries and relationships and arranges for ceremonial and official functions.

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MUNICIPAL CLERKS OF ILLINOIS

Purpose

The Municipal Clerks of Illinois was established in 1965 to promote improvement and efficiency in the operation and administration of the Clerk’s Office in municipalities throughout the State of Illinois.

Membership of MCI is districted into nine (9) districts, each of which is represented on the Executive Board by a District Director. The officers are President, Vice President, Secretary, Treasurer and Immediate Past P resident.

MCI provides numerous services to its members, including:

• Municipal Attorney, hired by MCI on retainer, is available to members to answer questions pertaining to the Office of Municipal Clerk: Ancel, Glink, Diamond, Bush, Dicianni & Krafthefer, P.C., 140 S. Dearborn Street, Sixth Floor, Chicago, IL 60603 – (312)604-9182, www.ancelglink.com • Mentor Program offers new Clerks access to experienced Clerks who can answer questions immediately. • “Talk of the Towns” is a quarterly newsletter mailed (and/or emailed) to members. It is filled with informative and educational material. • Educational Seminars are conducted by District Directors throughout the State on at least a quarterly basis. The seminars are provided at minimal cost to members, who pay for the necessary housing and meals provided. • Registered Municipal Clerk Program is the Illinois certification program that provides professional designation for MCI Members. • Accredited Institute and Academy provides educational credit programing toward designation as Certified Municipal Clerk and Master Municipal Clerk Programs. Join the International Institute of Municipal Clerks (IIMC) today to begin this next step. • Scholarship Fund provides scholarships for members who exhibit a need for financial assistance to attend Educational Seminars as well as Institute and Academy. In most recent years, the Fund Raising Committee has accomplished an outstanding program to provide many scholarships each year. • Member of the Year Award annually recognizes an outstanding member with a prestigious award. • Legislative Tracking and Lobbying by the MCI Legislative Committee keeps all of MCI informed pending legislation and has successfully impacted the outcome of legislation pertaining to the Office of Municipal Clerk.

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Code of Ethics

Be It Remembered that I hold an office of Public Trust, and as the Municipal Clerk of my community, I do hereby pledge:

To uphold constitutional government and the jaws of my community;

To so conduct my public and private life as to be an example to my fellow citizens;

To impart to my profession those standards of quality and integrity that the conduct of the affairs of my office shall be above reproach and to merit public confidence in our community;

To be ever mindful of my neutrality and impartiality, rendering equal service to all and to extend the same treatment I wish to receive myself;

To record that which is true and preserve that which is entrusted to me as if it were my own; and

To strive constantly to improve the administration of the affairs of my office consistent with applicable laws and through sound management practices to produce continued progress and so fulfill my responsibilities to my community and others.

These things I, as a Municipal Clerk, do subscribe to do in the interest and purposes for which our government has been established.

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Membership Services of the Municipal Clerks of Illinois

 Educational Seminars  Membership Directory  Legislative Updates  Basics training for Municipal Clerks  Mentor Assistance Program  Municipal Clerks Training Manual  Leadership Development  "Talk of the Towns"- Informative Newsletter  Networking Support  Legal Consultation  Annual Institute and Academy Providing Continuing Education and Certification  Scholarship Assistance for Institute Training  Professional Development and Image Building  Resource and Information Exchange

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SUGGESTIONS FOR CLERK EDUCATION

Summit on Education

• Clerks maintain their office as a center of community stability and continuity in the community, serving as the information hub.

• Clerks should keep updated on technological changes and updates to better serve their constituents.

• Clerks are the information managers and serve as the community's historian. The Municipal clerk's role is to provide access to all information.

• Rapid change requires that Clerks evolve with the current trends and embrace new ideas. • Clerks must communicate effectively with all residents to a level of excellence.

• Clerks should be active in the pursuit of academic excellence, setting career and personal goals. (S.M.A.R.T. Goals: Specific, Meaningful, Action Oriented, Realistic and Timely)

• Clerks are the central information centers of their jurisdictions, so the website and social media should be utilized to disseminate information timely.

• Clerks must remain and maintain and active voice in the governmental legislative process. • Clerks should initiate and participate in civic engagement seminars and workshops. Clerks are the Records Managers and keep updated on retention schedules for the community.

• Clerks are community engagers, organizers and leaders for the municipality and may be called on to serve as spokespersons on occasion.

• Future Clerks should understand that change is constant, remain relevant by being involved in organizations, projects and on committees.

• Clerks must develop political awareness and stay abreast to current issues and hot topics. • Clerks need to develop strong communication skills, written and verbal. • Clerks must understand the cultural diversity of their community and others. • Clerks must be accountable, and both ethically and morally sound. • Clerks must learn to promote themselves, the profession and be forward thinking. • Clerks should look for opportunities and be ready to take them. • Improvement is an on-going process. Education is key to your success.

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EDUCATION SUMMARY PAGE Continuing Education Opportunities

The Municipal Clerks of Illinois encourages Municipal Clerks to continue learning and growing personally and professionally. Education and development programs offer avenues for this continued learning.

Nine (9) Regional Organizations

Local meetings are provided for Municipal Clerks in the state of Illinois, which includes networking, educational speakers and periodic seminars.

Municipal Clerks of Illinois (MCI)

Municipal Clerks of Illinois is a statewide professional association of Municipal Clerks. MCI offers an annual institute in October of each year; publishes a quarterly newsletter “Talk of the Towns”, offers educational winter, spring and summer district seminars, represents Municipal Clerks in State legislative issues; and promises networking opportunities.

Illinois Registered Municipal Clerk Program (R.M.C.)

The Illinois Registered Municipal Clerk Program was instituted by the Municipal Clerks of Illinois to recognize those Municipal Clerks who have demonstrated their desire to grow and develop in the profession.

A total of 75 points are required. The points are based on a combination of Education, Experience, Leadership and Professional Development.

International Institute of Municipal Clerks (IIMC)

IIMC is an international professional, nonprofit association of Municipal Clerks in the United States, Canada and other foreign countries, that promotes continuing education and certification through university, college based institutes and provides a network of solutions, services and benefits to its members. IIMC offers an annual conference in May of each year and monthly newsletters. IIMC serves as the accrediting agency for the Certified Municipal Clerk (CMC) and Master Municipal Clerk (MMC) designations. MCI Mentor Reference Guide – Revised 2017 Page 11

Municipal Clerks Institute –October (annually)

Completion of 110 hours of approved Institute training fulfills educational requirements for IIMC’s Certified Municipal Clerk (CMC) designation.

Registration is open to all municipal, county, and township Clerks and Deputy Clerks in the United States and Canada. Attendance at all sessions each day is mandatory in order to qualify for certification as a Certified Municipal Clerk (CMC).

Additional Designation Requirements: (CMC)

1. Be a Full, Additional Full or Retired member of IIMC. 2. IIMC will only be able to certify you after you have been an active member for two years. 3. Affirm and practice the IIMC Code of Ethics. 4. Follow the CMC Step By Step Guide to begin the application process. 5. Attain 60 points in the Education category. 6. Attain 50 points in the Experience category. 7. Verification of Employment letter for your current position is required!

Fee(s):

The Application for Admission is $50, and must be paid at the time of entrance into the CMC program.

The Application for the CMC Designation is $50, and must be paid before completion of the CMC designation.

• Application for Admission Fee $50 (non-refundable) • Application for CMC Designation Fee $50 (non-refundable) • Plaque Fee $40 (optional) The Certified Municipal Clerk program is designed to enhance the job performance of the Clerk in small and large municipalities. To earn the CMC designation, a Municipal Clerk must attend extensive educational programs. The CMC designation also requires pertinent experience in a municipality. The CMC education program prepares the applicants to meet the challenges of the complex role of the Municipal Clerk by providing them with quality education in partnership with institutions of higher learning, as well as State/Provincial/National Associations. The CMC program has been assisting clerks to excel since 1970.

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Master Municipal Clerk Academy- October (annually) The Master Municipal Clerk Academy is IIMC’s post Certification continuing education program for Certified Municipal Clerks. It offers seminars and workshops to advance the practice of the Municipal and Deputy Clerks that have attained their CMC designation.

Registration is open to all municipal, county, and township Clerks and Deputy Clerks in the United States and Canada. Attendance at all sessions each day is mandatory in order to qualify for certification as a Master Municipal Clerk (MMC).

Additional Designation Requirements: (MMC)

1. Hold a CMC designation in good standing 2. Be an active Full, Additional Full or Retired Member of IIMC. 3. Reaffirm IIMC’s Code of Ethics. 4. Begin the “MMC Step by Step Process”. 5. Attain 60 points in the Advanced Education category 6. Attain 40 points in the Professional Contributions category

NOTE: All points earned towards the MMC designation must be dated after any prior designation (i.e. CMC, CMC Recertification, or, if applicable, any prior Levels).

Fee(s): MMC designation fee is $400 that can be paid in increments. IIMC recommends the payment plan of $100 with the first Application (minus the $50 Application for Admission fee), $75 for the second, $75 for the third, and $150 for the fourth, however, this payment plan aside from the initial $50 is up to the applicant.

MMC Program Outline

The MMC program is the second and more advanced of the two professional designations granted by IIMC. The MMC program is an advanced continuing education program that prepares participants to perform complex municipal duties. The program has an extensive and rigorous educational component and a professional contribution component. The MMC applicant must demonstrate that they have actively pursued education and professional activities. The program has an extensive and advanced educational component and a professional contribution component. MMC applicants must demonstrate that they have

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actively pursued educational and professional activities and have remained informed of current socio-political, cultural, and economic issues that affect local governments and municipalities.

MMC Candidates must be familiar with (8) the core duties of a municipal clerk by serving a Legislative Government Body (LGB) in an administrative capacity with management responsibilities:

• General Management • Records Management • Elections • Meeting Administration • Management of by-laws, Articles of Incorporation, ordinances or other legal instruments • Human Resources Management • Financial Management • Custody of the official seal and execution of official documents • Deputy clerks must perform at least four (4) of the eight (8) core duties.

All points must be earned according to the provisions of the IIMC Educational Guidelines

• IIMC-approved State/ National/ Provincial educational course points • IIMC Annual Conference points • IIMC Athenian Leadership Dialogue points • IIMC CD Rom Courses points • IIMC Online Courses points • IIMC Annual Conference Academy points • IIMC Study Abroad Program points • American Management Association points • Federal Emergency Management points • College credits and etc.

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HISTORY OF THE MUNICIPAL CLERK EARLY BEGINNINGS

The Municipal Clerk is the oldest of public servants in local government, along with the tax collector. The profession traces back before Biblical times. For example, the modern Hebrew translation of Town Clerk is "Mazkir Ha'ir" which literally translated, means city or town "Reminder:' The early keepers of archives were often called "Remembrancers:' and before writing came into use, their memory served as the public record.

Ancient Greece had a city secretary who read official documents publicly. At the opening of a meeting, one of his first duties was to decree a curse upon anyone who should seek to deceive the people.

St. Paul and his followers during his missionary work in Persia (now Western Turkey) owed their safety to the action of a town clerk. As related in Acts 19:22-41, written in A.D. 58, the artisans of Ephesus who made the idols of the time, feared the effect of Paul's missionary work on their trade. They incited a mob to seize two of Paul's followers. The town clerk, however, spoke out against this action and insisted that charges laid against these men had to be settled in the proper manner and before the proper authorities. There was no justification for riotous conduct. With that, he dispersed the crowd.

Reportedly, the regency line of France descends from the office of the Clerk! According to James Bryce in his book "The Holy Roman Empire," there is a direct link between the position of Mayor of the Palace, a clerical post created by the Merovingian Kings of France, and all subsequent Kings of France.

In the eighth century, the Frankish Kings of France depended on the Mayor of the Palace to perform all manner of clerical and administrative tasks for the King including collecting taxes and fees, publishing documents, keeping state records and assisting in the enforcement of the King's justice.

In 751, the Merovingian King, Childeric, was deposed and his assistant, Pippin, the Mayor of the Palace, became not only the monarch of France but was simultaneously created a Patrician of Rome by Pope Gregory the Third. Pippin was, in turn, father of the great Charlemagne, the first Holy Roman Emperor and founder of the Carolingian Dynasty of Europe on High, which in successive generations, produced the Kings of France, as well as the Emperors of Germany and Austria.

DEVELOPMENT IN ENGLAND The title "Clerk" as we know it developed from the Latin clericus. During the Middle Ages, when scholarship and writing were limited to the clergy, clerk came to mean a scholar, especially one who could read, write, and thus serve as notary, secretary, accountant and recorder.

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In ancient England, the township (surrounded by its hedge or "tun") and the borough (an outpost fortified with a wall) developed a strong system of democratic local government. And one of the first officials these freemen elected was the "Clarke."'

The beginning of the office of city clerk in England can be traced back to 1272 A.D. in the history of the Corporation of Old London. The "Remembrancer" was called upon to remind the councilors (members of the council) what had transpired at their previous meetings, since the meeting of the early councils were not recorded in written minutes.

In 1354, the Mayor of Nottingham appointed the Clarke and provided for his remuneration. In 1439, Symkyn Birches was awarded the office of "Toun Clerk" in another community for the rest of his life. In 1477 Thomas Carton, a town clerk, was the first English printer, and served as diplomat for the King. In 1485, Nicholas Lancaster, the Clarke, became Mayor of York.

In the 1500's in England, there were not only the 'Town Clarke" but also the "Clerc Comptroller of the King's Honorable Household. In 1603, there was a "Clarke General of the Armie." Indeed, King Henry the Eighth had a "Clarke of the Spicery" and King Charles had his "Clarke of the Robes."

Perhaps the strongest statement of the unique position occupied by the Municipal Clerk is by an English Court in the Middle Ages ruling in the case, Hurle-Hobbs ex parte Riley and another. Concerning this case, Chief Justice Lord Caldecote, observed: "The office of town clerk is an important part of the machinery of local government. He may be said to stand between the local Council and the ratepayers. He is there to assist by his advice and action the conduct of public affairs in the borough and, if there is a disposition on the part of the council, still more on the part of any member of the council, to ride roughshod over his opinions, the question must at once arise as to whether it is not his duty forthwith to resign his office or, at any rate, to do what he thinks right and await the consequences."

COLONIAL DEVELOPMENT When the early colonists came to America they set up forms of local government to which they had been accustomed, and the office of clerk was one of the first to be established. When the colonists first settled in Plymouth, Massachusetts, they quickly appointed a person to act as recorder. That person kept all the vital records for birth, marriages and deaths for the church, as well as various other records of appointments, deeds, meetings, and the election of officers at the annual town meeting.

Indeed, in Massachusetts, the town clerk was one of the earliest offices established in colonial towns. The settlers were well aware of the importance of keeping accurate written records of their agreements and actions including grants of land, regulations governing animals, the collection of taxes and the expenditure of town funds.

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The person given the responsibility for recording these orders was also often given other duties, such as sweeping the meeting-house and selling the seats, ringing the bell, and paying the bounty for jays and blackbirds whose heads were presented to him by the citizens. By the middle of the 17th century, the title town clerk appears in town records and this title has continued to the present.

One of the earliest statutory duties imposed by the Massachusetts General Court on town clerks was recording births, deaths and marriages. Since that time, the General Court has formalized by statute many of the duties first delegated by vote of the town and has added others. By 1692, the town clerk was required to enter and record divisions of land and orders of the selectmen as well as all town votes, orders and grants. Warrants directed to the constable for the collection of taxes were to be signed by the assessors or the town clerk. Between 1742 and 1756, the General Court made the town clerk responsible for maintaining a list showing each inhabitant's property value and for producing it, if necessary, to substantiate a person's voting rights. The town clerk was required to administer and record the oath of office taken by town officials. By 1776, the town clerk was empowered to call town meetings to elect selectmen if a majority of the selectmen had moved from the town or were absent in the service of the country.

The office of town clerk of Wethersfield, Connecticut, was established in 1639 and that person was to "keep a record of every man's house and land," and to present "a fairly written" copy of such to every General Court to be recorded by the secretary of the colony. In the first municipal election in New York City in 1689, the offices of Sheriff, Mayor and City Clerk were on the ballot.

The Puritan town of Woodstock, Massachusetts, appointed a town clerk in 1693 to record deeds and mortgages and to record the books. Because the town's people wanted to keep him on a permanent basis, he was given 20 acres of land and a fee of 12 pence for each town meeting plus 6 pence for each grant filed. The Town Clerk of Middleboro, Mass., on the other hand was compensated with "one load of fish taken at the herring-weir and delivered to his house." Three centuries later, one of his seventh-great-grandchildren is serving as City Recorder of the city of Newport, Oregon.

SUMMARY Over the years, Municipal Clerks have become the hub of government, the direct link between the inhabitants of their community and their government. The Clerk is the historian of the community, for the entire recorded history of the town (city) and its people is in his or her care.

The eminent political scientist, Professor William Bennett Munro, writing in one of the first textbooks on municipal administration (1934), stated: "No other office in municipal service has so many contracts. It serves the mayor, the city council, the city manager (when there is one), and all administrative departments without exception. All of them call upon it, almost daily, for some service or information. Its work is not spectacular, but it demands versatility, alertness, accuracy, and no end of patience. The public does not realize how many loose ends of city administration this office pulls together." These words, written more than 80 years ago, are appropriate still today.

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THE CLERK’S ROLE

The following is a “talk” given by Rosemary Coughlin, City Clerk of Sterling, IL, to a group of Northern Illinois Mayors about the Clerk’s role in city government. This story was printed in the “Talk of the Towns” newsletter in the winter of 1996. It is ten years old, but much of it is still pertinent in our roles today.

“On behalf of the Municipal Clerks, I welcome all of you and thank you for giving me the opportunity to tell you about the office of the Municipal Clerk.

The Municipal Clerk, along with the Tax Collector, is one of the oldest public servants in municipal government. The title is derived from the middle ages. A Clerk was any member of a religious order, a Cleric or Clergyman. Since for all practical purposes, the scholarship of the Middle Ages was limited to the Clergy, the name Clerk came to be synonymous with scholar.

The history of Old London traces the Clerk back to 1272 AD. King Henry the Eighth had a Clerk of the Spicery and King Charles had his Clerk of the Robes. When the colonists came to America, they set up the form of local government to which they were accustomed and the Clerk’s Office was the first one established.

Over the years, Municipal Clerks have become the hub of local government, the direct link between the citizens and their government. The Clerk is the historian. The entire recorded history of the town and its people is in the care of the Clerk.

No other office in municipal service has so many contacts. It serves the Citizens, the Mayor, the City Council, the City Manager (if there is one) and all Administrative Departments without exception. The Clerks are called on daily for some service or information. The work is not spectacular, but it demands versatility, alertness, accuracy and no end of patience. The public doesn’t realize how many loose ends of city administration this office pulls together.

It would be practically impossible to share all the Municipal Clerk’s duties because of the many different forms of government. Many Clerks are appointed, while many Clerks are elected. Generally, the duties are the same regardless whether the municipality has an aldermanic form, commission form, manager form or village form of government.

The index to the Illinois Compiled Statutes contains over one hundred references to the Municipal Clerk. These include a multitude of municipal functions, covering the keeping of the city seal and records, attendance at council or board meetings, supervision over finances when there is no comptroller, and many duties connected with municipal elections.

The Municipal Clerk is required to attend all meetings, open or closed, of the city council or board and to keep a full journal of its proceedings. The journal clearly states every formal action taken, including the presentation of any ordinances, resolutions, etc., and the motion that the same be adopted and the vote. When the action requires a roll call vote, the minutes will show the individual members voting each way on the questions. The minutes will show the receipt of all petitions, communications and reports submitted to the governing body and should show in a summarized form the contents of the report or document.

In addition to the minutes, the Clerk must keep a separate book of ordinances which have all the ordinances passed by the municipality. The Clerk must publish every ordinance which provides a penalty

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for a violation or which makes an appropriation, within the ten days after it is passed by the City Council or Board. When State Statute requires that certain ordinances be filed with the County Clerk or Tax Recorder, it is the duty of the

Municipal Clerk to properly file those ordinances. This includes the Tax Levy Ordinance, the Budget Ordinance, the Appropriation Ordinance, and Annexation Ordinances. It is the duty of the Clerk to serve the Rural Fire Trustees with a notice of annexation at the appropriate time.

The Municipal Clerk is the Custodian of the municipal seal and of all documents belonging to the municipality which are not specifically given to some other officer for custody. Since certified copies of municipal documents are evidence in the court of law, one of the Clerk’s duties is to prepare copies of municipal records or documents and to certify them when a person with a legitimate right requests it. The Freedom of Information Act, the Open Meetings Act, the Americans with Disabilities Act, the Right to Privacy Act, the Truth in Taxation Act are all adhered to strictly by the Municipal Clerk for the municipality. Local Records are inventoried and maintained according to the Illinois Local Records Act and Local Records Commission Regulations administered by the Secretary of State’s Office. The Clerk is the Local Records Manager.

The Clerk’s appoint their subordinates and if the governing body authorizes it, the clerk may appoint a deputy who can exercise the clerk’s power in their absence.

The Municipal Clerk has the power to administer oaths. All officers are required to file an oath upon their election or appointment, which is filed with and retained by the Clerk except where statute provision is made for filing the oaths elsewhere. When a bond is required as a pre-requisite to holding a municipal office, the bond is filed with the Clerk unless a statute otherwise provides. The bond of the Clerk is filed with the Municipal Treasurer.

The Municipal Clerk has rather extensive power and duties with the financial records when there is no comptroller, including keeping a correct list of all outstanding bonds. The records must show if the bonds are purchased, paid or cancelled. The bond ordinance provides for the method of registration. The statutes provide that the Municipal Clerk shall exercise general supervision over all officers charged with receipt, collection or disbursement of revenue. The Clerk must prepare a report showing the amount of money estimated to be needed to defray the expenses of the municipality during the current fiscal year. The Treasurer cannot pay out any sums except those signed by the mayor, president and the Municipal Clerk. The Clerk is also required to attest to the signature of the Mayor or President on all bonds, vouchers, and legal agreements on behalf of the city. The Clerk must publish the Annual Treasurer’s and Collector’s Reports.

It is the duty of the Clerk to publish or post all notices of election as required by law and to certify the ballot to the County Clerk. Nominating petitions, objections to the nomination papers and petition calling for special elections are filed with the Municipal Clerk. The Municipal Clerk of a member of the Canvassing Board.

All official notices and correspondence, when they are not addressed to any specific official or employee is given to the Clerk. The statutes clearly state that all petitions shall be filed with the Clerk. Legal process, such as summons are made on the Municipality by serving the Clerk. It is the duty of the Clerk when served with any notice or legal process, to notify the Mayor and the Attorney immediately.

A Zoning Map must be published prior to March 31 if there are any changes in the Zoning Districts during the prior. MCI Mentor Reference Guide – Revised 2017 Page 19

In addition to the municipal duties of the Clerk, the statutes also designate certain other functions to this office. The Clerk is a registrar for the Office of Vital Records and must keep the record and submit death and birth certificate reports to the Illinois Department of Health on a monthly basdis. They can also issue Fishing and Hunting Licenses and is acting as an officer of the state in this capacity. The Clerk is also authorized to issue bulk sales license under the “Fraudulent Sales Act” and this act prohibits advertising a sale as a removal, going out of business, or liquidation sale without securing a license from the Clerk. This act helps protect your citizens from being bilked by false advertising.

Municipal Clerks are essentially the element of continuity and stability in a city. When changes are made in elected officials, department heads, managers, etc., the Clerks have a remarkable ability even in small cities to survive and to remain in office. Clerks provide for transmission of knowledge and experience. Clerks are task-oriented. The citizens regard this element of continuity and stability as access points for citizens. The citizens regard the Clerks as one of them.

When Mayor and City Councils work hand in hand with the City Clerk, all benefit. Their support is critical to the professional development of the City Clerk.

In closing, Clerk Coughlin offered this prayer for the Municipal Clerks:

Dear Lord: Please give us the memory of an elephant, the ability to do nine-hundred things at once, answer the two telephones without becoming rattled and forgetting half of what we want to say. Help us to keep our “cool” when one of our seven bosses tells us to do a very important letter, as it must go it in the morning and then leaves town that evening without signing it. Give us the foresight to find the way in which to have an Ordinance published the day after the Council meeting, when the Mayor is away and we have to mail the material to him to be signed, secretly hoping that he isn’t in the middle of the Great Lakes in a boat when the mail reaches him.

Give patience to control ourselves after having turned the office up-side-down looking for a letter/petition that everyone is sure we have misfiled; then, suddenly, we find that one of the alderman has it in the inside pocket of his jacket.

Lord, help us to act as thought we are deaf when they are discussing something of the utmost secrecy and importance, without missing a work in case any of them wants us to refresh their memory when they insist we were there and part of the discussion.

In all these things, Lord, we really do need your help. Amen.”

What a great lady…no wonder she is the namesake for the Clerk of the Year Award!

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BUSINESS THAT MAY TAKE PLACE IN THE CLERK'S OFFICE

Issue licenses for: Vehicles, Animals, Businesses, Liquor Handle Local Records Management Construction Permits Parliamentarian Assign Addresses Publish Legal Notices & Ordinances Collect and Account for all Monies Collected Daily File with the County Offices -Tax Levies, Annexations, Plats of Dedication Utility Billing File annual Audit Reports with State and County officials Deposit all Funds and Record the Transactions Notify County Clerk Regarding Individuals Required to file the Special Assessment: Billing, Mailing, and Collecting Statement of Economic Interest Create Agenda for Mayor and Board Notary Public Duties Attend and Record Proceedings of Official Meetings Secretary/Receptionist Duties Attest and Seal Municipal Documents Special Census Index and File Official Documents for the Municipality Voter Registration Maintain and Update Ordinance and Resolution Book Local Election Official Maintain Codification Update Maintain a Professional Office using Appropriate Technology Freedom of Information Requests Distribute Mail

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The Open Meetings Act: Don’t Leave Home Without It By Keri-Lyn J. Krafthefer

Perhaps the most fundamental and germane law that governs the conduct of public officials throughout their careers is the Illinois Open Meetings Act. The Act applies to all public bodies and meetings held by those bodies. 5 ILCS 120/1. In short, the Open Meetings Act requires public bodies to conduct meetings which are open to the public, so the members of the public can know what actions the public entity is taking. For this reason, the Open Meetings Act, along with the Freedom of Information Act, are known as “sunshine laws.” The first part of this section deals with OMA and the second part with FOIA.

One significant note for newly elected officials is that you are required to complete training on the Open Meetings Act within 30 days of being sworn into office. The training consists of an on line program administered by the Public Access Officer of the Illinois Attorney General’s office. After you have completed the training, you must file your certificate of completion with your public body’s clerk.

A popular misconception is that only the governing bodies, such as a village board, city council, park district board, library board, township board and fire protection district board are subject to the Act. The definition of “public body” is quite comprehensive, however, and includes not only those governing bodies but also advisory boards and commissions and subsidiary bodies appointed by them, such as committees and subcommittees. As public bodies, these entities must also comply with the provisions of the Act.

The Act requires public entities to conduct open meetings. A “meeting” is defined as “any gathering of a majority of a quorum of members of a public body held for the purpose of discussing public business.” In determining whether a particular gathering constitutes a “meeting” within the scope of the Act, one must first determine what constitutes a “quorum.” A “quorum” is simply a number equal to a majority of the members of the board, who are to be elected or appointed. A “meeting” will be deemed to take place when a majority of the quorum is discussing public business.

For example, if a village board consists of six trustees and the president, the total number of officials is seven; consequently, a quorum is four and a majority of the quorum is three members. Thus, if three members of the board “gather” to discuss public business, even by telephone, they are having a meeting as defined by the Act, even if they are merely chatting informally about items that come before their group, and do not believe they are having a meeting. The act also covers contemporaneous electronic communications. Where the back and forth of emails involves a majority of a quorum and morphs into an equivalent of a conference call, the Act has been violated.

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A provision in the law remedies a problem formerly facing five-member groups, such as some historic preservation commissions or park district boards. For those bodies, a quorum is three and a majority of that quorum is two members. Whenever two of the members discussed matters pertaining to the commission or committee, that constituted a meeting and they could not talk to each other about public business. The law now allows two members of five-member boards to meet without falling under the obligations of the act. 5 ILCS 120/1.02. In exchange for this amendment to the law, five-member boards can now only pass a matter by an affirmative vote of three members of the board. This means, for example, that a vote of 2 – 1 on a matter would fail for a five-member board, because the matter did not receive three affirmative votes.

Public officials should become familiar with the Open Meetings Act’s general rules that govern meetings of a public body. The following is a summary of those rules.

General Rules

A. All meetings required to be public must be held at specified times and places convenient to the public.

B. All public meetings must be open to the public unless the topic to be discussed is specifically permitted to be considered in a closed meeting under Section 7 of the Act. Closed sessions must be audio or video-recorded, and certain rules apply regarding the retention of closed session tapes.

C. Persons attending public meetings 1a. The Open Meetings Act: Don’t Leave Home Without It By Keri-Lyn J. Krafthefer The Open Meetings Act applies to all public bodies and meetings held by those bodies. Articles Ancel, Glink, Diamond, Bush, DiCianni and Krafthefer, P.C. 18 may record the proceedings by tape, film or other means unless a witness at any meeting required to be open by the Act conducted by a commission, administrative agency or other tribunal, refuses to testify on the grounds that he may not be compelled to testify if any portion of his testimony is to be broadcast to televised or if motion pictures are to be taken of him while he is testifying, but public bodies do have the ability to establish reasonable rules regarding taping so that, for example, the taping does not become disruptive of the meeting. A requirement for pre-approval of recordings has been disallowed.

D. No business can be conducted without a quorum, although less than that number can adjourn the meeting to another date or compel the attendance of absent members.

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E. If a public body adopts procedures so permitting and follows certain legal requirements, a board member may participate in a meeting electronically from a different location in certain circumstances, although a quorum must still be physically present at the location of the meeting.

F. Generally, e-mail communications between public officials will not be deemed to constitute a “meeting,” but contemporaneous instant message exchanges or chat room discussions participated in by a majority of a quorum may fall within the definition of a “meeting.” This would constitute an improper, not publically held, meeting.

G. Governments are required to adopt rules to allow the public some opportunity to address the public officials. The Public Access Counselor’s office has interpreted this requirement to mean that public bodies must give The Open Meeting Act, cont’d. the public the opportunity to speak at all open meetings.

H. A governing body cannot take final action at a closed meeting or in closed session at an open meeting. Final action on a matter can only be taken at an open meeting, and it must be preceded by a public recital of the nature of the matter being considered and other information that will inform the public of the business being conducted.

Notice of Public Meetings A. Public entities must give the public notice of all meetings. At the beginning of each calendar or fiscal year, a governmental body must publish notice of its regular meeting schedule for the year. Such notice should include meetings of committees and sub-committees of the body, as well as any of its independent boards and commissions.

B. A public entity must post an agenda at the principal office of the public body and at the location where the meeting will be held at least 48 hours prior to all meetings, even if those meetings were listed in the published schedule of regular meetings. The agenda must be available for viewing during all of that 48-hour period and a government which has a website, maintained by full-time staff of the government, must post the notice there also.

C. A public entity must also provide notice of meetings to any news media requesting such notice. An agenda for any special, emergency, rescheduled or reconvened meeting must also be given to the news media if they have requested such notice.

D. Notice of emergency meetings for “bona fide” emergency situations must be given as soon as practicable but, at least, prior to the meeting.

E. If a meeting is continued or is to be reconvened at another date, and the time and place of that meeting was announced at the original meeting and there is no change in the agenda, notice is not required. MCI Mentor Reference Guide – Revised 2017 Page 24

Agendas and Minutes

A. A public body may consider and discuss topics not initially contained in an agenda at a regular meeting, but that body may not act upon any matter at a regular meeting that is not specifically listed in the agenda and posted 48 hours in advance both by posting for the continuous period and placing it on the governmental website. A catch-all provision in an agenda such as “new business” will not provide sufficient advance notice to the public of a matter coming before the public body for action. While it is still prudent to include a broad catch-all phrase to cover miscellaneous matters which happen to come before a public body, the body should carefully plan its agendas so that it specifically lists all matters to be acted upon at its meetings. At a regular meeting, “new business” items can be added to the agenda and discussed. They cannot be acted upon.

If a public body is considering acting upon a matter, the agenda should specifically state that the public body will do so at the meeting. A public body always has the option of not acting on an agenda item, so the better practice is to include any possible action items on the agenda. With regard to agendas for special, rescheduled or reconvened meetings, the Act states that “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.” 5 ILCS 120/2-02.

B. All public bodies must take and maintain written minutes of their meetings, whether they are open or closed. The Act requires that the minutes contain a “general description of all matters proposed, discussed or decided… as well as a record of any votes taken.” Such basic information as the time and place of the meeting, a list of members present or absent, and any action taken should also be included. Some public bodies record and prepare a complete transcript and use that as the record of what transpired at the meeting, a practice we do not recommend. Clerks or other minute takers should instead summarize the nature of the business discussed and the actions taken. The benefit of the latter method is that the shorter minutes provide the public and the officials with a relevant record in summary form of the evidence of the meetings which are also more likely to be read.

C. Minutes of all meetings must be available to the public no later than ten (10) days after they are approved by the public body, although we don’t recommend waiting the full ten days to make the same available. The Minutes of meetings are required to be approved within thirty (30) days after the meeting or by the second meeting following the meeting to which the Minutes apply. In many governments, the Minutes are generally included on the Agenda for approval at the next regular meeting following the one to which the Minutes apply. MCI Mentor Reference Guide – Revised 2017 Page 25

D. Minutes of closed sessions may be withheld from the public for as long as necessary to protect the public interest or individual privacy. The Act requires all public bodies to review minutes of closed sessions semiannually and determine for each set of minutes whether the minutes, in whole or in part, can be made available to the public or must continue to be exempt from disclosure because of a specific need to maintain confidence.

E. Closed sessions must be audio or video recorded, and the tape maintained for at least 18 months. Special rules apply regarding the retention and destruction of such tapes.

Closed (“Executive”) Sessions

A. Public meetings may be closed to the public by motion of the public board stating the statutorily-authorized reason for closing the meeting. The vote on the motion to go into closed session should be taken by roll call. B. Only those topics specified in the motion to close the meeting may be discussed at the closed session. C. Some of the more commonly used exceptions listed in Section 2(c) of the Act which allow closure of meetings are:

(1) collective bargaining matters;

(2) deliberations concerning salary schedules for one or more classes of municipal employees;

(3) purchase or lease of real estate for use by the public body, as well as consideration as to whether a particular parcel should be acquired, or when the public body is considering the sale or lease of its property;

(4) discussions of litigation when an action “against, affecting, or on behalf of the body has been filed and is pending,” or when such an action is “probable or imminent;”

(5) consideration of the appointment, employment, compensation, discipline, performance, or dismissal of specific employees or legal counsel for the public body, but not of independent contractors;

(6) consideration of the appointment of a person to fill an appointive or elective public office, or the removal of someone from office if that body has such removal power;

(7) consideration of informant sources, assignment of undercover personnel or equipment for ongoing, prior or future criminal investigations if the body is vested with criminal investigatory responsibilities; and

(8) review of closed session minutes.

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In addition to these, the Open Meetings Act contains several other exceptions which would permit a public body to enter into closed meeting discussion under certain specified circumstances.

Enforcement of the Open Meetings Act

Enforcement of the Open Meetings Act can be undertaken by any person, including the state’s attorney in the affected county, by filing a complaint with the circuit court to enforce the Act. A simpler process has been created by statute under which people can submit a request to review with the Public Access Counselor in the office of the Illinois Attorney General. Similar to any complaint that must be filed in circuit court, the request to review must be made within 60 days after the alleged violation and must be: (1) in writing; (2) signed by the requester; and (3) include a summary of the facts supporting the allegation. The Public Access Counselor must examine the issues and the records and make findings of fact and conclusions of law and issue an opinion on same within 60 days after initiating the review or otherwise take steps to mediate the issue. Note that as part of the review, the Public Access Counselor has the same right to examine the verbatim recording of a closed session tape as a court does in a civil action brought to enforce the Act. Although courts are rarely called upon to examine tapes, with the ease that individuals can file complaints, these tapes are more and more frequently reviewed by the Public Access Counselor. The opinion of the Public Access Counselor binds the parties, but can be appealed to the Circuit Court.

Court Remedies and Penalties

If a direct lawsuit is initiated and the court finds a violation, it may invalidate any action taken at an illegal meeting, although courts are generally unwilling to take such a step. The court can order such other relief as it believes may remedy a current or similar future problem. A finding of guilt against a named official can result in a conviction for a Class C misdemeanor. Upon conviction, a person can be sentenced to a fine of up to $500 and imprisonment for up to 30 days. In a civil case, the court also has the discretion to award attorney’s fees to a party who “substantially prevails,” except that a private party is subject to such an assessment only if the court decides the complaint was frivolous or malicious. Thus, a public body or its officials could end up paying the plaintiff’s attorney’s fees where the court finds a violation of the Act, even if no punitive measure is taken against the public body and/or its officials.

To avoid being sued and to maintain a positive image in the community, officials should strictly observe the requirements of the Open Meetings Act. Once those rules become a habit, compliance will be viewed not as an encumbrance, but simply as a fact of life in the public domain.

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Tips on Compliance

A. Make sure all of your meetings, including committee meetings, have proper notices and agendas sufficiently describing the actions to be taken. B. Make sure you don’t take action on any matter not sufficiently described on your agenda. C. Ratify any questionable acts at a subsequent proper board or council meeting – illegal acts can’t be ratified. D. State in your motion and your minutes the authority for going into closed session and take a roll call vote. E. Always have a tape recorder for closed sessions and have everyone present state their names and positions. F. Don’t go into closed session with your litigation opponents. G. Do not discuss public business contemporaneously with a majority of a quorum of your board in person, by phone or electronically outside the context of a public meeting. H. Newly-elected or appointed officials are required to pass a test available on the Attorney General’s website showing adequate knowledge of the Open Meetings Act.

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The Freedom of Information Act A Primary Duty of Public Bodies By: Steven D. Mahrt

As a newly-elected government official, it is essential that you be at least somewhat familiar with the basic terms of the Illinois Freedom of Information Act, (FOIA) 5 ILCS 140/1 et seq. The Act declares that providing records in compliance with the requirements of the Act is a primary duty of public bodies. Furthermore, the Act states that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees. As a newly-elected official, this applies to YOU. Your acts as a public official may not only be subject to public scrutiny, but also subject to public access. Now, more than ever before, ignoring the Freedom of Information Act will legally imperil you and the public body which you serve. This chapter cannot possibly cover all of the requirements and nuances of this Act, but it is intended to give you an introduction to its basic concepts.

FOIA applies to “public records,” and presumes that all records pertaining to the transaction of public business are open to inspection and/or copying. 5 ILCS 140/1.2. This means that if a public record is requested, it must be provided, unless your public body is able to prove, by no less than clear and convincing evidence, that all or parts of it are exempt from disclosure. The Act contains numerous exemptions; three of which are discussed herein.

The first question to answer with regard to FOIA is whether or not a particular record is a public record subject to the Act. This question is becoming more and more complicated as both technology and the laws evolve. The Act defines a public record as “all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body.” 5 ILCS 120/2(c). For your purposes as an elected official, and for simplicity’s sake, you might think of a public record as being just about anything—as long as it pertains to public business.

Clearly records kept by the clerk or recording secretary for your public body are public records—but what about a record which you might possess, perhaps on your smart phone, tablet, laptop or personal computer— which is in some way tied to public business? What if the public body supplies you with a personal electronic device, tablet or computer?

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In City of Champaign v. Madigan 2013 Il App (4th) 120662, the Court held that text messages sent or received by individual council members during a public meeting were subject to disclosure under FOIA even though the messages were on the members’ private devices. The Court said to hold otherwise would allow members of a public body, convened as a public body, to subvert the Open Meetings Act and FOIA requirements simply by communicating about city business during a city council meeting on a personal electronic device. The Court clarified that messages about public business received other times on a private device by individual public officials are not subject to FOIA unless the communication involves enough members of the public body to constitute a quorum or the message is forwarded to a quorum of the public body.

When a public body provides you a laptop, tablet, phone or other device, then messages on the devices are considered “under the control of a public body” and will be subject to FOIA regardless of when received or the number of other elected officials included in the message.

As a public official in possession of public records, you also need to be aware of the Illinois Local Records Act. 50 ILCS 205/1 et seq. This Act requires the preservation of all public records “coming into the custody, control or possession of any officer.” Records may be destroyed, removed or otherwise disposed of “as provided by law.” The Act allows the disposal of records in accordance with retention policies developed and adopted by the Secretary of State and the local records commission or officer. The definition of a public record under the Local Records Act is a bit different from the definition under FOIA. Consequently you should consult your clerk or attorney prior to deleting any records on your electronic devices to determine whether or not the record must be retained.

After determining whether or not a record is a public record subject to FOIA, the next step for a public body lies in determining whether all or parts of that information may be from disclosure to the requesting party; in other words, just because something is a public record, does not necessarily mean that it must be released. In fact, the Freedom of Information Act contains in excess of sixty different exemptions, any one of which may permit a public body to withhold all or parts of a record. 5 ILCS 140/7 and 7.5. Some of the more commonly cited exemptions, which we will briefly mention include the “private information” exemption of section 7(1)(b), the “personal information” exemption of section 7(1)(c) and the “pre-decisional or deliberative process” exemption of section 7(1)(f).

“Private information” is defined as “unique identifiers, including a person’s social security number, driver’s license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses. Private information also includes home address and personal license plates, except

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as otherwise provided by law or when compiled without possibility of attribution to any person.” 5 ILCS 140/2(c-5). This section is typically used to redact such information within a larger document which is released, and though it is often cited, is not often disputed or questioned. Occasionally private information is disputed. In PAC Opinion 14-008 the Attorney General held that photographs of a former Sheriff’s deputy did not meet the definition of private information. Also in PAC Opinion 12-003 the names of persons enrolled at a public university were not considered private information. These opinions illustrate the preference for disclosure of information unless specifically excluded from disclosure. Neither names, nor photographs are listed as “private information” under the statute.

The question as to whether or not information may constitute “personal information” as permitted to be withheld under section 7(1)(c) is murkier. This exemption permits the denial or redaction of “personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. ‘Unwarranted invasion of personal privacy’ means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject’s right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy.” 5 ILCS 140/7(1)(c). In other words the General Assembly requires the public body to balance the privacy right at stake and the public interest in obtaining the information. This can be a difficult and fact specific process. By way of illustration, the following types of information have been found to be exempt as “personal information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy”: the names of the relatives of a deceased minor as contained in investigatory records; post-mortem photographs of deceased persons; the names of unsuccessful job applicants; disclosure of dates of birth, particularly when coupled with other identifying information; names of suspects in police reports not arrested or charged; and the names of relatives contained in a public employee’s disability application.

In contrast, the following have been held not exempt under section 7(1)(c): an incident report in which a public official was arrested but not charged; medical examiner’s toxicology and autopsy reports; photographs of physical evidence at a scene of death; sales tax agreements between a city and various businesses; a police sergeant’s stated basis for applying for disability benefits; the identity of an evaluator of public bids; the applications of successful candidates for public employment, and police internal investigation records (See Kalven v. City of Chicago 2014 IL App (1st) 121846). (See PAC Opinions No. 14-015, 13-011, 12- 012, 12-006, 12-003 and 10-003.)

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Section 7(1)(f) permits a public body to exclude “[p]reliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body.” 5 ILCS 140/7(1)(f). The exception is intended to encourage frank and open discussion among public officials and employees. The following documents have been determined to be exempt from disclosure under 7(1) (f) when not publicly cited/identified by the head of the public body: surveys completed by public university police which were used to determine police assignments; a public employee opinion survey considered in the process of formulating a decision; pre-decisional email correspondence between public employees; emails from a mayor which were deemed to be deliberative in nature with opinions and recommendations about proposed projects and policies; a memorandum which was prepared to present to a committee, but never actually presented; a draft memo regarding a retirement incentive plan; and an evaluator’s comments on scoring sheets made before making a final decision to award a contract. Not all information contained in a preliminary document is exempt. The Courts and the Public Access Counselor have held that factual statements contained in a pre-decisional document are subject to release under FOIA. (PAC Opinion 14-015, and State Journal-Register v. University of Illinois Springfield 2013 IL App (4th) 120881)

No education in FOIA would be complete without a general understanding of the time requirements which apply to a public body responding to a FOIA request for information. The Act provides that a public body must respond to a written request for information within 5 business days after receipt of the request. 5 ILCS 140/3. The response may come in any number of different ways, as follow: (1) grant the request, providing the records simultaneously; (2) deny the request, in whole or in part, citing a proper exemption(s) as the basis of the denial and informing the requester of his/her right to appeal; (3) indicate that an extension of time is required, providing the statutory reason(s) for the extension and the date the records will be available (not more than an additional 5 business days from the original due date); (4) assert that responding to the request within the time frames required would constitute an undue burden, and asking the requester to narrow the scope of the request; or, (5) contact the requester, explaining the difficulty and special circumstances involved, and seeking to reach an agreement for additional time to retrieve the requested records. Special rules granting longer response timelines apply to commercial requesters, “recurrent requesters,” and “voluminous requests.” 5 ILCS 140/2, 3.1, 3.2 and 3.6. It is important that, if necessary, you work closely with your FOIA officer, clerk, and/or attorney in determining the appropriate response to a FOIA request. Each public body must designate one or more officials or employees to act as its FOIA officer(s). 5 ILCS 140/3.5. Find out who yours is, and be kind to that person, for he or she is operating under deadline and oftentimes without clear guidance!

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In addition, it is important to understand that any requester who has a complaint with the public body’s response to a FOIA request may file a request for review with the Public Access Counselor established in the Illinois Attorney General’s office. The PAC’s office is staffed with attorneys dedicated strictly to investigating alleged violations of the Freedom of Information Act and Open Meetings Act—just another stressor for your FOIA officer! The PAC may dismiss a request for review as unfounded, or investigate further, and resolve the same by mediation, issue a binding opinion or advisory opinion, or use its discretion to otherwise resolve the same. 5 ILCS 140/9.5.

The consequences of failing to properly comply with a FOIA request may be harsh. In addition to any relief which the Public Access Counselor might impose, any person denied access to a non-exempt public record may file suit for injunctive or declaratory relief. In the event a party prevails in court, the court must award the prevailing party reasonable attorney’s fees and costs. Additionally, should a court determine that a public body willfully and intentionally failed to comply with the Act, or otherwise acted in bad faith, the court must impose a civil penalty of not less than $2,500 or more than $5,000 per occurrence. 5 ILCS 140/11. There are no fines which apply to or are payable by individual employees or officers of the public body. Even if none of these remedies is applicable or available, keep in mind that suspected FOIA violations are often the type of front-page news you will wish to avoid as a public official These are only some of the most basic aspects of the Freedom of Information Act. The Act is constantly changing as the PAC issues new opinions and the courts interpret the Act. As an elected official you are tasked with assisting your public body in meeting a “primary public duty” of providing records in compliance with the requirements of the Act. You will need to work with your FOIA officer as he or she navigates the sometimes-stormy waters of the Act. Ancel Glink has several attorneys highly-experienced in working with public bodies on numerous FOIA compliance issues. We are pleased to work with your FOIA officer(s), clerk and/or you to ensure that your interests are protected, that public interests are served, and that your journey as an elected official is not imperiled by noncompliance under the Act.

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THE CITY OF HICKORY HILLS 8652 W. 95TH STREET HICKORY HILLS, IL 60457

FREEDOM OF INFORMATION ACT (FOIA)

2016 Municipal Posting Requirements

Summary of Purpose: It is the purpose of the City of Hickory Hills to promote and protect the health, safety and welfare of all citizens, to provide safe streets and potable water while effecting changes to encourage progress and development of the business community.

Block Diagram of Functional Subdivisions: (See Exhibit A)

2016 The City of Hickory Hills Total Operating Budget: $16,940,000

Operating Municipal Buildings

City Hall & Clerk’s Office 8652 W. 95th Street Public Works Department 7700 W. 98th Street Hickory Hills Community Center 7800 W. 89th Place Hickory Hills Police Department 8800 W. 87th Street

Total Number of Employees: 85 Full Time: 56 Part-Time 29

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City of Hickory Hills Elected Officials Mayor – Mike Howley City Clerk – D’Lorah Catizone, MMC City Treasurer – Dan Schramm

Alderman Mike McHugh – Ward 1 Alderman Brian Waight – Ward 1 Alderman Debbie Ferrero – Ward 2 Alderman John Szeszycki – Ward 2 Alderman Tom McAvoy – Ward 3 Alderman Brian Fonte – Ward 3 Alderman Scott Zimmerman – Ward 4 Alderman Joseph Stachnik – Ward 4

Identification and Membership of Boards, Commissions And Committees:

Planning Commission/Zoning Board of Appeals Syed Imam Bernard McLaughlin Tom Blunk Joseph Guest Joseph Mancuso

Board of Fire & Police Commission Ken Fonte Henry Kman Attorney – Odelson & Sterk, Inc.

Community Affairs Commission Members Alderman Debbie Ferrero - Chairwoman Mary Boettcher Joann Jerantowski Sandy Wcislo Debbie Zimmerman Sharon Chorzempa

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Police Pension Board Mary McDonald James Kardelis

Senior Task Force Dolores Miklos Harold Sharp Joan Hostynski Anita Kieca Ray Letkey

Emergency Telephone Board Chief of Police Fire Chief Alderman Joseph Stachnik Don Jerenberg Christopher Knights Rocco Marciano

Human Rights Commission City Clerk Seema Iman

METHODS BY WHICH THE PUBLIC MAY REQUEST INFORMATION AND PUBLIC RECORDS The public may request information and public records with a written request to the public body in person, by mail, by fax, or by any other delivery method that is available to the public body.

FOIA OFFICER (Freedom of Information Act) City Clerk D’Lorah Catizone, MMC [email protected] 708-598-4800

FEES FOR RECORDS UNDER FOIA Police Accident Reports $5.00 per report Duplication of City records $0.15 (after 50 pages) Zoning Map - $10.00 MCI Mentor Reference Guide – Revised 2017 Page 36

City of Hickory Hills Categories of Records Under FOIA Pursuant to 5 ILCS 140/5

DOCUMENTS AVAILABLE FOR REVIEW THROUGH FREEDOM OF INFORMATION ACT

CITY CLERK’S OFFICE

CITY ELECTION INFORMATION CONTRACTS/AGREEMENTS

ORDINANCES/RESOLUTIONS FOIA REQUESTS

MINUTES OF MEETINGS CORRESPONDENCE

MFT RECORDS UTILITY BILLING

BUSINESS LICENSE INFORMATION ACCOUNTS PAYABLE

FINANCIAL AUDIT REPORTS MOTOR FUEL TAX PROJECTS

LIQUOR LICENSES DOG LICENSES

COMMERCIAL VEHICLES LICENSES BOARD OF FIRE & POLICE COMMISSION MINUTES

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Village of Gilberts

Freedom of Information Request Procedure

The public may request information or access public records by any of the following measures.

Purpose: The purpose of this procedure is to inform an assist the public on ways they may request information or access public records.

The public may stop by the Village Hall and physically request to complete a Freedom of Information Request Form (Exhibit 1). The requestor must complete the form with as much detail as possible.

The public may download a form from the Village website @www.villageofgilberts.com. Once the form is completed, the requester may email the form to the Village Clerk at [email protected] or mail the form to Village of Gilberts, 87 Galligan Road, Gilberts, IL, 60136.

The Public may also request a Freedom of Information Request Form be e-mailed or mailed to their attention. Once they have completed the form they may e-mail ([email protected]) or mail the form to The Village of Gilberts, 87 Galligan Road, IL. 60136.

The Clerk’s office will process the request as required by law in five working days. If in the event the Village is unable to comply with the request within seven days the Staff will send a letter to the requester specifying the reason for the delay and the date, by which either the records will be release or the request will be denied. The Village may extend this time for no more than an additional five working days.

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Robert's Rules of Order Motions Chart Based on Robert's Rules of Order Newly Revised (10th Edition)

Part 1, Main Motions. These motions are listed in order of precedence. A motion can be introduced if it is higher on the chart than the pending motion. § indicates the section from Robert's Rules.

§ PURPOSE: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? §21 Close meeting I move to adjourn No Yes No No Majority

§20 Take break I move to recess for ... No Yes No Yes Majority

I rise to a question of §19 Register complaint privilege Yes No No No None

I call for the orders of the §18 Make follow agenda day Yes No No No None

I move to lay the §17 Lay aside temporarily question on the table No Yes No No Majority

I move the previous §16 Close debate question No Yes No No 2/3

I move that debate be §15 Limit or extend debate limited to ... No Yes No Yes 2/3

I move to postpone the §14 Postpone to a certain time Majority motion to ... No Yes Yes Yes

I move to refer the §13 Refer to committee Majority motion to ... No Yes Yes Yes

I move to amend the §12 Modify wording of motion Majority motion by ... No Yes Yes Yes

I move that the motion §11 Kill main motion Majority be postponed indefinitely No Yes Yes No

Bring business before §10 I move that [or "to"] ... Majority assembly (a main motion) No Yes Yes Yes

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Part 2, Incidental Motions. No order of precedence. These motions arise incidentally and are decided immediately.

§ PURPOSE: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? §23 Enforce rules Point of Order Yes No No No None

§24 Submit matter to assembly I appeal from the decision of the chair Yes Yes Varies No Majority

§25 Suspend rules I move to suspend the rules No Yes No No 2/3

Avoid main motion §26 I object to the consideration of the question altogether Yes No No No 2/3

§27 Divide motion I move to divide the question No Yes No Yes Majority

§29 Demand a rising vote I move for a rising vote Yes No No No None

§33 Parliamentary law question Parliamentary inquiry Yes No No No None

§33 Request for information Point of information Yes No No No None

Part 3, Motions That Bring a Question Again Before the Assembly. No order of precedence. Introduce only when nothing else is pending.

§ PURPOSE: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? §34 I move to take from the table ... Take matter from table No Yes No No Majority

§35 Cancel previous action I move to rescind ... No Yes Yes Yes 2/3 or Majority with notice

§37 Reconsider motion I move to reconsider ... No Yes Varies No Majority

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Notary Services through the Illinois Secretary of State

The active notaries public in Illinois have been appointed and commissioned by the Index Department of the Illinois Secretary of State (SoS). In addition, the SoS is the controlling authority for specialty notarization, Certificates of Authority, Certificates of Incumbency and Apostilles. The purpose of notarization is to prevent fraud and forgery. The notary acts as an official and unbiased witness to the identity of person who comes before the notary for a specific purpose.

Notaries are appointed by the Secretary of State for a four-year term. An applicant for an appointment must be a citizen of the United States or an alien lawfully admitted for permanent residence, be a resident of the State of Illinois for at least 30 days, be at least 18 years of age, be able to read and write the English language, have not been convicted of a felony, and have not had a notary commission revoked during the past ten years.

An applicant must complete the application form provided by the Secretary of State and must obtain a notary bond valued at $5,000 from a bonding or surety company. Once approved, the commission will be mailed to the county clerk in which the applicant resides. There it must be recorded before the applicant is officially a notary.

Notary FAQ

How do I renew my notary appointment? There is no automatic reappointment in Illinois. You will be notified by the Secretary of State approximately 60 days prior to the date your appointment expires. A preprinted application and bond form will be enclosed with the notification if you wish to apply for appointment for another term.

I have mailed a notary application and bond to the Secretary of State. When may I begin notarizing documents? An appointed notary public may begin notarizing documents when his or her commission has been recorded with the county clerk and he or she has obtained an official notary public seal.

Should I accept a notary certificate from the county clerk that contains errors? No, return the certificate to the county clerk detailing the error and request a corrected certificate.

How do I report a change in my home or work address or my name while I am serving as a notary public? If you move or change employers and your new residence or place of employment is within the boundaries of the county from which you were appointed, you merely report the change of address to the Secretary of State. However, if you move out of the county, or if you are a non-resident notary who changes employment to another county, you must resign your commission. Resignations should be submitted to the Secretary of State. You can then apply for a new appointment.

When does a notary's commission officially expire? A notary public receives a four-year appointment. A notary's commission expires at midnight of the expiration date of the appointment.

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My notary commission will soon expire, I have received a notice from a "Notary Association" with instructions on how to apply for reappointment. What is this association? There are several groups operating in Illinois under the name of "notary association," "agency" or "company." They are private organizations and are not officially associated with any government agency. These organizations offer assistance to notaries, sell notary seals, and provide the $5,000 notary bond for a fee. Solicitations from these groups are required to contain the following statement: "WE ARE NOT ASSOCIATED WITH ANY STATE OR LOCAL GOVERNMENTAL AGENCY." Only you can decide where to purchase your surety bond. You can purchase a bond from most insurance companies, or you may want to purchase a bond from one of the notary associations or agencies. The Secretary of State does not make any recommendations.

If my notary appointment has expired and I have applied for anew appointment, may I continue to notarize documents? No. There is no grace period for a notary public once his or her appointment has expired. You may not perform notarial acts until you have recorded your new appointment with the county clerk and have obtained a new seal containing the date that your new term of office expires.

I would like to return to my maiden name. What does this involve? A person who changes his or her name must resign his or her commission and apply for a new appointment.

What information is required when requesting that a commission be cancelled? A written request should contain 1) the name under which the commission was issued; 2) the commission number; 3) reason for the cancellation and any supporting documents; 4) home address and telephone number; 5) signature of the notary requesting cancellation; and 6) the date the request was made.

Where do I submit my resignation as a notary? Resignations should be submitted to: Secretary of State, Index Department, 111 E. Monroe St., Springfield, IL 62756.

MCI Mentor Reference Guide – Revised 2017 Page 64

MCI Mentor Reference Guide – Revised 2017 Page 65

MCI Mentor Reference Guide – Revised 2017 Page 66

Municipal Clerks of Illinois Mentor Program

The Municipal Clerks of Illinois (MCI) recognizes that new clerks have specific needs that can best be met with advice and assistance from an experienced colleague.

Service from an MCI mentor includes any or all of the following: moral support, encouragement by answering questions, assistance in preparation of ordinances, resolutions, minutes and agendas; help in parliamentary procedures and offering tips for effective meetings.

If you are a new clerk and would like to be paired with an experienced clerk who can offer assistance as you establish yourself in your new job, please fill out the request form below. You will be contacted by a member of the Municipal Clerks of Illinois Mentor Committee.

------Yes, please match me up with a mentor.

Name: Title: _

Municipality: Population: County:

Address: Zip: Phone: _

MCI Region: email: ______

______

Appointed by the Council Elected Date Appt./Elected

My other duties:

______

Please Contact Janet Gray, MMC Village of Rantoul 333 S. Tanner Street, Rantoul, IL 61856 Phone (217)892-6802 or email: [email protected]

MCI Mentor Reference Guide – Revised 2017 Page 67