OMA section 2.06(c)

OMA

Destroying closed-session recordings

5 ILCS 120/2.06(c). Destroying closed-session recordings

4 issues across 4 determination letters:1 violation found · 2 no violation · 1 no determination / resolved.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

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TOPIC: 5 ILCS 120/2.06(c) - Destroying closed-session recordings
SOURCE: Illinois Attorney General Public Access Bureau decisions compiled at https://illinoisfoia.org/provisions/oma-2-06-c/
NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law. Verify every decision against the source PDF before citing it.

VIOLATION FOUND (1):
- Improper approval of closed session recording destruction
  Rule: A five-member public body must have three members affirmatively vote to approve destruction of a closed session verbatim recording.
  Decision: A township board's destruction of a closed-session recording (non-binding determination letter, May 18, 2018) https://illinoisfoia.org/opinions/letter-50999/

NO VIOLATION (2):
- Destruction of closed session recordings before minutes approval
  Rule: A public body may destroy closed session verbatim recordings if it approves destruction and approves written minutes before the recordings are actually destroyed, even if the destruction vote precedes the minutes approval.
  Decision: Destruction of closed-session audio recordings (non-binding determination letter, February 29, 2024) https://illinoisfoia.org/opinions/letter-79408/
- Destruction of closed session verbatim recordings
  Rule: A public body may destroy closed session verbatim recordings after 18 months if it approves destruction and approves written minutes; release of minutes to the public is not required before destruction.
  Decision: Destruction of closed-session recordings by a university board (non-binding determination letter, November 9, 2021) https://illinoisfoia.org/opinions/letter-72122/

NO DETERMINATION / RESOLVED (1):
- Improper practice of destroying verbatim recordings before 18 months
  Rule: Verbatim recordings may be destroyed no less than 18 months after the meeting, only after approval of destruction and closed minutes.
  Decision: Maintenance and storage of open session minutes and closed session recordings (non-binding determination letter, March 28, 2018) https://illinoisfoia.org/opinions/letter-50424/



TASK FOR THE ASSISTANT: Using only the decisions above, help draft a letter. Argue from the rule and cite the decision by name and date. Do not invent decisions.

Violation found (1)

Improper approval of closed session recording destruction
Rule: A five-member public body must have three members affirmatively vote to approve destruction of a closed session verbatim recording.
Violation found A township board's destruction of a closed-session recording · May 18, 2018

No violation (2)

Destruction of closed session recordings before minutes approval
Rule: A public body may destroy closed session verbatim recordings if it approves destruction and approves written minutes before the recordings are actually destroyed, even if the destruction vote precedes the minutes approval.
No violation Destruction of closed-session audio recordings · February 29, 2024
Destruction of closed session verbatim recordings
Rule: A public body may destroy closed session verbatim recordings after 18 months if it approves destruction and approves written minutes; release of minutes to the public is not required before destruction.
No violation Destruction of closed-session recordings by a university board · November 9, 2021

No determination / resolved (1)

Improper practice of destroying verbatim recordings before 18 months
Rule: Verbatim recordings may be destroyed no less than 18 months after the meeting, only after approval of destruction and closed minutes.
No determination / resolved Maintenance and storage of open session minutes and closed session recordings · March 28, 2018