Meetings Meetings

Can’t live with them,Can’t live with them,

Can’t live without them!Can’t live without them!

Meetings should:Meetings should:

Accomplish the business of the SWCD Accomplish the business of the SWCD efficiently and effectivelyefficiently and effectively

Comply with the Illinois Open Meetings Comply with the Illinois Open Meetings ActAct

What is the business of the What is the business of the SWCD?SWCD?

Illinois Soil and Water Illinois Soil and Water Conservation District Act – Conservation District Act –

Declaration of PolicyDeclaration of Policy► Conservation of the soil, soil resources, Conservation of the soil, soil resources,

water and water resources.water and water resources.

► Control and prevention of soil erosion.Control and prevention of soil erosion.

► Prevention of air and water pollution.Prevention of air and water pollution.

► Prevention of erosion, floodwater, sediment Prevention of erosion, floodwater, sediment damages.damages.

Thereby -Thereby -

►Conserve natural resourcesConserve natural resources►Control floodsControl floods►Prevent impairment of dams, Prevent impairment of dams,

reservoirsreservoirs►Maintain navigability of rivers, harborsMaintain navigability of rivers, harbors►Conserve wildlife, forestsConserve wildlife, forests►Protect the tax baseProtect the tax base►Protect and promote the health, safety Protect and promote the health, safety

and general welfareand general welfare

How do weHow do we do do

all that?all that?

Board members – Duty #1Board members – Duty #1

►Duty of care – Act as an ordinary Duty of care – Act as an ordinary prudent person would in a like prudent person would in a like circumstance. This requires diligent, circumstance. This requires diligent, attentive, and informed participationattentive, and informed participation

Board members – Duty #2Board members – Duty #2

►Duty of Loyalty – Act in good faith, in Duty of Loyalty – Act in good faith, in the best interest of the SWCDthe best interest of the SWCD

Board members – Duty #3Board members – Duty #3

►Duty of Compliance – Act to ensure the Duty of Compliance – Act to ensure the SWCD operates in keeping with the SWCD operates in keeping with the laws and rules governing its formation laws and rules governing its formation and status as a public body.and status as a public body.

All boards have 8 functionsAll boards have 8 functions

► PlanningPlanning

► ProgramProgram

►Human ResourcesHuman Resources

► Information MgtInformation Mgt

► FinancesFinances

► Financial Financial DevelopmentDevelopment

►MarketingMarketing

► Board affairsBoard affairs

MeetingsMeetings

►The SWCD board meetings should be The SWCD board meetings should be used to ensure that:used to ensure that:

►The SWCD is meeting it’s legal The SWCD is meeting it’s legal requirements, andrequirements, and

►meeting their responsibilities in meeting their responsibilities in carrying out the 8 functionscarrying out the 8 functions

Board affairs function -Board affairs function -

► Includes roles and responsibilities, Includes roles and responsibilities, functions, relationship with staff, and functions, relationship with staff, and organization of the board:organization of the board: Defining the boardDefining the board Ensuring continuity of the boardEnsuring continuity of the board Evaluating the effectiveness and Evaluating the effectiveness and

efficiency of the board and taking actions efficiency of the board and taking actions to improve themto improve them

Organizing for Effectiveness and Organizing for Effectiveness and EfficiencyEfficiency

►SWCD boards have 5 members.SWCD boards have 5 members.

►Chairman is elected from the directors, Chairman is elected from the directors, loses no voting privileges.loses no voting privileges.

►SWCD board may appoint associate SWCD board may appoint associate directors, associate directors have NO directors, associate directors have NO voting privileges.voting privileges.

Board membersBoard members

►ONLY criteria is that they be ONLY criteria is that they be landowners, occupiers in the SWCD landowners, occupiers in the SWCD and of legal voting age.and of legal voting age.

►Nominating committees CAN look for Nominating committees CAN look for board members based on knowledge board members based on knowledge of SWCD functions, geography, talent, of SWCD functions, geography, talent, attendance, etc.attendance, etc.

Board officers - ChairmanBoard officers - Chairman

►Only chairman is specified in SWCD Act.Only chairman is specified in SWCD Act. Symbol of the boardSymbol of the board Spokesperson of the boardSpokesperson of the board Presides of board meetingsPresides of board meetings Serves and leads the directorsServes and leads the directors Acts as major contact for inside leadersActs as major contact for inside leaders Motivates and holds other directors Motivates and holds other directors

accountableaccountable Principle supervisory contact for staffPrinciple supervisory contact for staff

Board members – Vice ChairBoard members – Vice Chair

►Takes over chair functions in the event Takes over chair functions in the event of absence, incapacity, or death.of absence, incapacity, or death.

►May be assigned other specific May be assigned other specific functions by the chair.functions by the chair.

Board members - SecretaryBoard members - Secretary

►Cares for and keeps records, seal, Cares for and keeps records, seal, minutes.minutes.

►Takes responsibility for the taking of Takes responsibility for the taking of minutes at all meetings of the SWCD minutes at all meetings of the SWCD board.board.

Board members - TreasurerBoard members - Treasurer

►Custodian, disbursing, and accounting Custodian, disbursing, and accounting agent for SWCD fundsagent for SWCD funds

►Disburses only as authorized by the boardDisburses only as authorized by the board►Oversees personnel who perform Oversees personnel who perform

accounting functionsaccounting functions►Analyzing ongoing fiscal reportsAnalyzing ongoing fiscal reports►Links the board to financial recordsLinks the board to financial records►Reports to the board on compliancesReports to the board on compliances

Work GroupsWork Groups

Standing CommitteesStanding Committees

Ad Hoc or special committeesAd Hoc or special committees

Sub-committeesSub-committees

Task ForcesTask Forces

Individual assignmentsIndividual assignments

When should you form a work When should you form a work group?group?

►Can the whole board accomplish this Can the whole board accomplish this task?task?

► Is it an ongoing function or temporary?Is it an ongoing function or temporary?►What is the simplest group to accomplish What is the simplest group to accomplish

this task?this task?►What is the most effective group to What is the most effective group to

accomplish this task?accomplish this task?►What is the most efficient group to What is the most efficient group to

accomplish this task.accomplish this task.

GovLeaders.org says: Golden GovLeaders.org says: Golden rule #1 rule #1 – Run your meeting as you – Run your meeting as you

would have others run the meetings you would have others run the meetings you attend.attend.

► If you are not running the meeting, If you are not running the meeting, participate like you would like others participate like you would like others to participate if you were running the to participate if you were running the meetingmeeting

Golden rule #2-Be preparedGolden rule #2-Be prepared

► He/she who runs the meeting He/she who runs the meeting andand the the participants should be preparedparticipants should be prepared

Develop a great agendaDevelop a great agenda►Make it as specific as possibleMake it as specific as possible►Denote items that require board actionDenote items that require board action►Include all background informationInclude all background information

Golden rule #3-Stick to a Golden rule #3-Stick to a scheduleschedule

►SWCD boards should review their SWCD boards should review their regular meeting dates and times.regular meeting dates and times.

►Meetings should start on time. The Meetings should start on time. The agenda may include estimated times agenda may include estimated times for each topic to keep things on for each topic to keep things on schedule.schedule.

Golden rule #4-Stay on topicGolden rule #4-Stay on topic

There are times when you are talking There are times when you are talking about one thing, a different, great idea about one thing, a different, great idea comes up. If it can wait, note it, and comes up. If it can wait, note it, and come back to it later.come back to it later.

► If you’re running the meeting, cut off If you’re running the meeting, cut off unnecessary discussion, if you are a unnecessary discussion, if you are a participant, don’t digressparticipant, don’t digress

Golden rule #5-don’t hold Golden rule #5-don’t hold unnecessary meetingsunnecessary meetings

►SWCDs need to meet regularly to meet SWCDs need to meet regularly to meet their legal and financial requirements.their legal and financial requirements.

►Meetings with a “light” agenda may be Meetings with a “light” agenda may be used to discuss future programs, get a used to discuss future programs, get a jump on budget, what’s next for the jump on budget, what’s next for the SWCD?SWCD?

Golden rule #6-Wrap up meetings Golden rule #6-Wrap up meetings with a clear statement of the next with a clear statement of the next

stepssteps►Before your meeting adjourns, restate Before your meeting adjourns, restate

any assignments, who is to do them, any assignments, who is to do them, and by when.and by when.

►For example, “Treasurer Joe, you will For example, “Treasurer Joe, you will go to the bank and see if you can go to the bank and see if you can arrange a better interest rate by next arrange a better interest rate by next meeting.”meeting.”

#1 SWCD board #1 SWCD board meeting issue? meeting issue?

Director attendance Director attendance

What can you do?What can you do?

► Check to see if a Check to see if a different date or different date or time would help time would help attendanceattendance

► Prepare more Prepare more specific, action specific, action oriented agendasoriented agendas

►Make attendance a Make attendance a criteria for re-criteria for re-nominationnomination

► Visit with the person Visit with the person to explain how to explain how important it is to the important it is to the SWCD that ALL the SWCD that ALL the directors directors participate.participate.

► Check to see if the Check to see if the person really wants person really wants to remain a directorto remain a director

► Assign the director Assign the director specific tasksspecific tasks

What you can’t doWhat you can’t do

► You can not remove You can not remove a director unless a director unless they are no longer they are no longer eligible- no longer a eligible- no longer a landowner or landowner or occupieroccupier

► You can not adopt You can not adopt

an attendance an attendance policy that includes policy that includes removing a director.removing a director.

RememberRemember

►Efficient and effective meetings help Efficient and effective meetings help SWCD boards accomplish their SWCD boards accomplish their legislative mandate, 8 functions, and legislative mandate, 8 functions, and comply with all legal and program comply with all legal and program requirements.requirements.

… …andand

►SWCD business should be conducted SWCD business should be conducted in a manner that is open and in a manner that is open and accessible to the publicaccessible to the public

►Public meetings, with appropriate Public meetings, with appropriate advanced notice, agendas, and advanced notice, agendas, and minutes help do thatminutes help do that

Now your SWCD board Now your SWCD board is organized and ready is organized and ready

to do businessto do business

Your SWCD board must Your SWCD board must comply with the Illinois Open comply with the Illinois Open

Meetings ActMeetings Act

Why? Why?

►Soil and Water Conservation Districts Soil and Water Conservation Districts are units of government.are units of government.

►You are required to comply with the You are required to comply with the

Illinois Open Meetings Act.Illinois Open Meetings Act.

Illinois Open Meetings Act Illinois Open Meetings Act 5 ILCS1205 ILCS120

►““it is the public policy of this State that it is the public policy of this State that public bodies exist to aid in the public bodies exist to aid in the conduct of the people’s business and conduct of the people’s business and that the people have a right to be that the people have a right to be informed as to the conduct of their informed as to the conduct of their business”business”

How?How?

► Keep meetings as open as possible. Keep meetings as open as possible.

►Provide advanced notice to the public Provide advanced notice to the public so they have the so they have the

opportunity to opportunity to

participate.participate.

All SWCD board and committee All SWCD board and committee meetings meetings

►All SWCD meetings are to be open to the All SWCD meetings are to be open to the public. This includes committee public. This includes committee meetings!meetings!

► If you close a meeting, it has to be for If you close a meeting, it has to be for very limited, specific reasons, andvery limited, specific reasons, and

►And, you must close the meeting And, you must close the meeting according to specific procedures.according to specific procedures.

Meeting:Meeting:

► is defined as “any gathering of a is defined as “any gathering of a majority of a quorum of the members majority of a quorum of the members of the pubic body held for the purpose of the pubic body held for the purpose of discussing public business.of discussing public business.

►For SWCD boards, three directors must For SWCD boards, three directors must be present to have a board meeting.be present to have a board meeting.

Public notice of Open and Public notice of Open and Closed MeetingsClosed Meetings

►Public notice MUST be given for ALL Public notice MUST be given for ALL meetings, whether open or closed.meetings, whether open or closed.

[remember the definition of “meeting” that [remember the definition of “meeting” that includes committees, subcommittees, includes committees, subcommittees, special meetings (excluding bonifide special meetings (excluding bonifide emergency meetings,) or any reconvened emergency meetings,) or any reconvened meeting.]meeting.]

Anything else?Anything else?

►““Every public body shall give public Every public body shall give public notice of the schedule of regular notice of the schedule of regular meetings at the beginning of each meetings at the beginning of each calendar year and shall state the calendar year and shall state the regular dates, times, and places of regular dates, times, and places of such meetings.”such meetings.”

► Some newspapers request this information. If you Some newspapers request this information. If you provide them with the list and change a meeting, provide them with the list and change a meeting, you HAVE to notify them of the change.you HAVE to notify them of the change.

Where?Where?

►Public notice is given “by posting a Public notice is given “by posting a copy of the notice at the principal copy of the notice at the principal office of the body holding the meeting office of the body holding the meeting or, if no such office exists, at the or, if no such office exists, at the building in which the meeting is to be building in which the meeting is to be held.held.

►The agenda must be posted 48 hours The agenda must be posted 48 hours in advance at the principle office AND in advance at the principle office AND where the meeting will be heldwhere the meeting will be held

More about AgendasMore about Agendas

►The Act provides that this requirement The Act provides that this requirement “shall not preclude the consideration “shall not preclude the consideration of items not specifically set forth in the of items not specifically set forth in the [regular meeting] agenda.[regular meeting] agenda.

(You can discuss a topic (You can discuss a topic notnot on the agenda on the agenda

but you but you can’tcan’t take any action.) take any action.)

Recording Open MeetingsRecording Open Meetings

►Anyone can come to an open meeting Anyone can come to an open meeting and record it:and record it: In writingIn writing On audio tapeOn audio tape On video tapeOn video tape Any other meansAny other means

““the authority holding the meeting shall the authority holding the meeting shall prescribe reasonable rules to govern the prescribe reasonable rules to govern the right to make such recordings”right to make such recordings”

Minutes of an Open MeetingMinutes of an Open Meeting

►““All public bodies shall keep written All public bodies shall keep written minutes of all their open minutes. minutes of all their open minutes. Minutes shall include, but need not be Minutes shall include, but need not be limited to:limited to:

Included in minutes:Included in minutes:

►The date, time, and place of the meeting,The date, time, and place of the meeting,

►The members of the public body The members of the public body recorded as either present or absent, recorded as either present or absent, andand

►A summary of discussion on all matters A summary of discussion on all matters proposed, deliberated, or decided, and a proposed, deliberated, or decided, and a record of any votes taken.record of any votes taken.

Availability of MinutesAvailability of Minutes

►The minutes of meetings open to the The minutes of meetings open to the public shall be available for public public shall be available for public inspection within 7 days of the inspection within 7 days of the approval of such minutes.approval of such minutes.

Closing a meetingClosing a meeting

►There are ONLY 24 exceptions to the There are ONLY 24 exceptions to the Open Meetings Act – Most do NOT apply Open Meetings Act – Most do NOT apply to SWCDs.to SWCDs.

► If you have a closed meeting, the subject If you have a closed meeting, the subject MUST be one of the 24 exceptions.MUST be one of the 24 exceptions.

►You can’t talk about other topics during You can’t talk about other topics during that meeting.that meeting.

Closing ProcedureClosing Procedure

►You have to be in a meeting open to You have to be in a meeting open to the public to go into a meeting closed the public to go into a meeting closed to the public. to the public.

►There needs to be a motion, second, There needs to be a motion, second, and roll call vote to go in to a meeting and roll call vote to go in to a meeting closed to the public.closed to the public.

continuedcontinued

►The motion needs to include the exact The motion needs to include the exact exemption for a meeting closed to the exemption for a meeting closed to the public.public.

►A roll call vote of a majority of the A roll call vote of a majority of the quorum must vote in favor of going quorum must vote in favor of going into a closed session.into a closed session.

► It all must be recorded in the minutes.It all must be recorded in the minutes.

Minutes of Closed MeetingsMinutes of Closed Meetings

►Minutes must be kept of all closed Minutes must be kept of all closed meetingsmeetings

►““All public bodies shall keep *** a All public bodies shall keep *** a verbatim record of all their closed verbatim record of all their closed meetings in the form of an audio or meetings in the form of an audio or video recording.”video recording.”

►5ILCS120/2.065ILCS120/2.06

What to do with recordingsWhat to do with recordings

► The recording may be kept confidential and The recording may be kept confidential and may be destroyed no less than 18 months may be destroyed no less than 18 months after completion of the recorded meeting.after completion of the recorded meeting.

► A particular recording may be destroyed A particular recording may be destroyed only after the public body approves its only after the public body approves its destruction and approves minutes of the destruction and approves minutes of the closed meeting that meet the requirements closed meeting that meet the requirements applicable to the minutes of an open applicable to the minutes of an open meeting.meeting.

EnforcementEnforcement

►Any person including the State’s Any person including the State’s Attorney of the county may bring civil Attorney of the county may bring civil action.action.

►Violation of the Act is a criminal Violation of the Act is a criminal offense, a Class C misdemeanor, offense, a Class C misdemeanor, punishable by a fine of up to $1,500 punishable by a fine of up to $1,500 and imprisonment for up to 30 days.and imprisonment for up to 30 days.

Don’t try to remember Don’t try to remember everything!everything!

► You should have a copy of the Guide to the You should have a copy of the Guide to the Illinois Open Meetings ActIllinois Open Meetings Act

► It’s available online:It’s available online:

www.illinoisattorneygeneral.gov/government/

► Keep it handyKeep it handy

► For specific questions contact the attorney For specific questions contact the attorney general office or the AISWCD legal counselgeneral office or the AISWCD legal counsel

Need help?Need help?

Contact your Contact your

Regional RepresentativeRegional Representative

Region 5 Representative: Region 5 Representative:

Angela KazakeviciusAngela Kazakevicius

618-453-5570618-453-5570