LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.) Policy Manual

TABLE OF CONTENTS

SECTION 2 – Governing Bodies

Governance

2:10           Special Educational Alliance Governance

2:20           Powers and Duties of the Governing Bodies

Member of a Governing Body

2:40           Qualifications

2:50           Term of Office

2:70           Vacancies - Filling Vacancies

2:100         Member Conflict of Interest

2:105         Ethics and Gift Ban

2:110         Qualifications, Term, and Duties of Officers

Governing Bodies – Relationships

2:130         Board-Director Relationship

2:140         Communications To and From the Governing Bodies

2:140 E1    Exhibit – Guidance for Board Member Communications, Including Email Use

2:150         Committees

2:160         School Attorney

2:170         Procurement of Architectural, Engineering, and Land Surveying Services

2:170 AP 1            Administrative Procedure – Qualification Based Selection

2:180         OPEN

Governing Bodies - Meetings

2:190         Mailing Lists for Receiving Materials

2:200         Types of Meetings

2:210         Organizational Meeting

2:220         Meeting Procedure

2:220-E1    Exhibit –Treatment of Closed Meeting Verbatim Records and Minutes

2:220-E2    Exhibit – Motion to Adjourn to Closed Meeting

2:220-E3    Exhibit - Closed Meeting Minutes

2:220 E4 – Exhibit – Open Meeting Minutes

2:220 E5 – Exhibit – Semi-Annual Review of Closed Meeting Minutes

2:220 E6 – Exhibit – Log of Closed Meeting Minutes

2:230         Public Participation at Meetings and Petitions to the Governing Bodies


Governing Bodies - Policy

2:240         Policy Development

2:242         Constitution Development

Governing Bodies - Records

2:250         Access to Alliance's Public Records

2:250AP1  Administrative Procedure – Access To and Copying of District Public Records

2:250 AP2 Administrative Procedure – Protocols for Record Preservation and Development of Retention Schedules

2:250 E1 – Exhibit – Written Request for District Records

2:250 E2 – Exhibit – Response to Request for Alliance Record Inspection

Uniform Grievance Procedure

2:260         Uniform Grievance Procedure


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)            2:10

 

Governing Bodies

 

Special Educational Alliance Governance

 

The Alliance is governed by the Special Education Alliance Council and the Special Education Executive Committee.  Members of these governing bodies shall serve without compensation.

 

Official action by the Council and Committee may only occur at a duly called and legally conducted meeting at which a quorum is physically present.

 

Council and Committee members, as individuals, have no authority over school affairs, except as provided by law or as authorized by the Alliance Council in the case of Council members or the Executive Committee in the case of the Committee members.

 

The L.E.A.S.E. Alliance Council has the duty to indemnify and protect members of the Alliance Council, members of the L.E.A.S.E. Executive Committee, employees, volunteer personnel, and student teachers against civil rights damage claims and suits; constitutional rights damage claims and suits; death and bodily injury and property damage claims and suits; including the defense thereof when damages are sought for negligent or wrongful acts allegedly committed by anyone employed by or under the direction of the Alliance Council.

 

To this end, the Alliance Council, through the Executive Committee, shall purchase and maintain insurance with a company licensed to write such coverage in the State of Illinois.

LEGAL REF.:        5 ILCS 120/1.02

105 ILCS 5/10-1, 5/10-10, 5/10-12, 5/10-16.7, 5/10-20.5 and 5/10-22.31.

CROSS REF.:         1:10 (Special Education Alliance Legal Status), 4:100 (Insurance Management),

                              2:20 (Powers and Duties of the Governing Bodies), 2:200 (Types of Meetings),

                              2:220 (Governing Bodies Meeting Procedure)

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)            2:20

 

Governing Bodies

 

Powers and Duties of the Governing Bodies

 

Powers and Duties-Alliance Council

 

The Alliance Council shall be responsible for establishing the educational activities of L.E.A.S.E.  The Alliance Council shall establish, by its constitution, policies to ensure provisions for identifying children with disabilities from local member districts.  The Alliance Council shall be responsible for carrying out all mandatory laws and shall consider the provisions of any permissive legislation.

 

The Alliance Council shall be the final authority for the management of L.E.A.S.E. and as such its powers and duties shall include but not be limited to:

 

1.      developing and amending the L.E.A.S.E. Constitution regarding the operation of L.E.A.S.E.;

 

2.      delegating to the L.E.A.S.E. Executive Committee authority to take action as required between Alliance Council meetings;

 

2a. authorizing the Executive Committee to approve submitting the annual project applications for L.E.A.S.E. to the Illinois State Board of Education;

 

2b. authorizing the Executive Committee to approve the annual L.E.A.S.E. budget submitted by the Director;

 

2c. requiring such reports from the Director and others as the Alliance Council deems necessary to keep informed regarding the activities of L.E.A.S.E.;

 

2d. appointing special committees as the need arises;

 

2e. representing the needs of L.E.A.S.E. before the public as requested by the Alliance Council;

 

3.      The Alliance Council, through the administrative agent, shall provide adequate financial support to operate L.E.A.S.E. and to provide quality educational and service programs.  To make that support as effective as possible, the Executive Committee shall:

 

3a. operate on a fiscally sound basis within a balanced budget;

 

3b. require maximum efficiency in the expenditure of funds and in accounting and reporting;

 

3c. provide a suitable environment which facilitates the educational process;

 

3d. provide material and equipment needed in the teaching program;

 

3e. secure community understanding and support of the fiscal requirements of the educational program.

 

4.      selecting L.E.A.S.E.'s chief executive, the Executive Director;


 

5.      acting as a court of appeal for all employees of L.E.A.S.E. regarding issues or concerns which the Director and the L.E.A.S.E. Executive Committee have been unable to adjust and which may have been appealed for Alliance Council decision.  The complainant may either appear before the Alliance Council or present his/her appeal or petition in writing to receive consideration.

 

6.      approve the appointment of an Administrative Agent to serve as the administrator of the financial and legal operations of L.E.A.S.E.  The Administrative Agent may be chosen from the roster of the member districts or from one of the Regional Superintendents of L.E.A.S.E. with a recommendation to the Alliance Council by the L.E.A.S.E. Executive Committee.

 

Powers and Duties-Executive Committee

 

The powers and responsibilities of the L.E.A.S.E. Executive Committee shall be to:

 

1.      Formulating, adopting, and modifying School Board policies, at its sole discretion, subject only to mandatory collective bargaining agreements and State and federal law;

 

2.      recommend to the Alliance Council relevant and appropriate constitutional articles for the governance of L.E.A.S.E.;

 

3.      Accept the responsibility delegated by the Alliance Council to approve the annual budget.  The Executive Committee shall confer with the Director regarding this approval;

 

4.      recommend to the Alliance Council the employment of the Director of L.E.A.S.E.;

 

5.      employ other personnel making employment decisions and dismissing personnel;

 

6.      recommend to the administrative agent the employment of personnel necessary for the operation of the L.E.A.S.E. program;

 

7.      monitor the performance and cost effectiveness of the programs for which they are responsible;

 

8.      approve bills for payment and approve transfers or amendments within the budget;

 

9.      approve equipment expenditures within the budget which exceed the amount allowed by statute;

 

10.  approve expenditures not itemized in the budget but which can be provided by the transfer of funds;

 

11.  Entering into contracts using the public bidding procedure when required;

 

12.  Providing, constructing, controlling, supervising and maintaining adequate physical facilities;

 

13.  Establish attendance units within the Alliance for services to students;

 

14.  assist the Director in planning and implementing programs for the Alliance through formal encouragement to member districts, and through formal action to those districts not complying with the overall Cooperative plan.  The Executive Committee shall have the authority to recommend for Council action all other business not previously approved by the Alliance Council.;


 

15.  review and approve operational policies, carefully defined and recorded, regarding the operation of L.E.A.S.E. and directing, through policy, the Director in his or her charge of the Alliance’s administration;

 

16.  approve for submission to the Illinois State Board of Education the annual project applications for L.E.A.S.E.;

 

17.  consult with the Director and reach group consensus on his/her recommendations;

 

18.  require such reports from the Director and others as the Committee deems necessary to keep informed regarding the activities of L.E.A.S.E.;

 

19.  act as a court of appeal for all employees of L.E.A.S.E. on cases which the Director has been unable to adjust or which may have been appealed from his/her decision.  The complainant may appear before the Alliance Council if the issue is not resolved by the Executive Committee.  The appeal or petition must be in writing to receive consideration;

 

20.  appoint special committees as the need arises;

 

21.  represent the needs of L.E.A.S.E. before the public as requested by the Alliance Council.

 

22.  recommend to the L.E.A.S.E Alliance Council the appointment of an Administrative Agent to serve as the administrator of the financial and legal operations of L.E.A.S.E.  The Administrative Agent may be chosen from the roster of the member districts or from one of the Regional Superintendents of L.E.A.S.E.

 

23.  Complying with requirements in the Abused and Neglected Child Reporting Act.  Specifically, each individual School Board member must, if an allegation is raised to the member during an open or closed School Board meeting that a student is an abused child as defined in the Act, direct or cause the School Board to direct the Superintendent or other equivalent school administrator to comply with the Act’s requirements concerning the reporting of child abuse.

 

24.  Communicating the schools’ activities and operations to the community and representing the needs and desires of the community in educational matters.

LEGAL REF.:        105 ILCS 5/2-3.25d, 5/10-1 et seq., 5/17-1, and 5/27-1

                              115 ILCS 5/1 et seq.

                              325 ILCS 5/4

Ill. School Code, ch. 122, para. 3-15, 14, 17-1.

LaSalle/Putnam County Educational Alliance for Special Education Constitution, Article 4.1

CROSS REF.:         1:10 (Special Education Alliance Legal Status), 2:10 (Special Education Alliance Governance), 2:240 (Policy Development)

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)            2:40

 

Governing Bodies

 

Qualifications for Membership – L.E.A.S.E. Alliance Council

 

The Special Education Alliance Council shall be composed of the Superintendent and one school board member, or their alternates, as representatives from each member district, and the Regional Superintendents of Schools. Either the District Superintendent or the Board Member or either of their alternates may cast the district vote. Each member district shall be entitled to one vote. Any alternate must be announced to the Director prior to any meeting and must be a professional staff member or Board Member of the specific district.

 

The Alliance Council shall elect an Executive Committee of 7 districts chosen from the Council.  The Superintendent of each district shall serve as the representative.  Selection shall be as indicated in the Constitution.

 

Qualifications for Membership – L.E.A.S.E. Executive Committee

 

The Special Education Executive Committee shall consist of:

      4 Elementary District Superintendents

      2 High School District Superintendents

      1 Unit District Superintendent

 

The number of each type of district will vary based on the proportion of elementary, high school and unit district students that exist throughout the Cooperative.  This ratio will be reviewed at least every five (5) years.

 

Selection

 

Membership may include ex-officio members without voting privilege, namely, the Superintendent of the Administrative District and/or the Superintendent/s of the Educational Service Region/s.

 

Three members shall be elected each year at the regular meeting of the Alliance Council in September.  Every other year, beginning in 1973, a fourth member shall be elected at the same meeting of the Alliance Council.

LEGAL REF.:        Constitution for the LaSalle/Putnam County Educational Alliance for Special Education.

CRISS REF.:

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)            2:50

 

Governing Bodies

 

Term of Office

 

Members of the Alliance Council serve at the pleasure of their individual member districts. Membership is contingent upon continuing employment as the District Superintendent or continuing Board membership in the district.

 

Terms of office for members of the Executive Committee are limited to two consecutive years.  No member shall succeed him or herself on the Committee.

LEGAL REF.:

CROSS REF.:         2:210 (Organizational Meeting)

ADOPTED:            September 11, 2008  


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)            2:70

 

Governing Bodies

 

Vacancies - Filling Vacancies

 

A vacancy may occur on the Alliance Council by resignation of a member or by an elected school board member’s ceasing to be a member of his or her local school board.  In either case, the member district affected shall nominate another representative and notify the Director and the Alliance Chairperson of the nomination.

 

A vacancy may occur on the Executive Committee:

 

(1)               At such time as a member no longer represents the district from which he or she was elected.  If a Superintendent changes schools in the cooperative, he or she loses membership.

 

(2)               At such time as a member misses three consecutive monthly meetings during the school year or for reasons as stated in Section 10-11 of The School Code, is unable to fulfill his or her obligations as a member of the Executive Committee, the Executive Committee has the authority to declare this position vacant.

 

Irregularly occurring vacancies on the Executive Committee shall be filled either by Executive Committee appointment or by the Alliance Council at their next regularly scheduled meeting.

LEGAL REF.:

CROSS REF.:         2:40 (Qualifications)

ADOPTED:            September 11, 2008


 

LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:100

 

Governing Bodies

 

Member Conflict of Interest

 

No member of a Governing Body shall have a beneficial interest directly or indirectly in any contract, work, or business of the Alliance unless permitted by The School Code and the Public Officer Prohibited Activities Act.

 

Members of a Governing Body must annually file a "Statement of Economic Interests" by May 1 as required by the Illinois Governmental Ethics Act. 

LEGAL REF.:        5 ILCS 420/4A-101, 420/4A-105, 420/4A-106, and 420/4A-107.

50 ILCS 105/3.

105 ILCS 5/10-9.

CROSS REF.:         2:105 (Ethics and Gift Ban)

ADOPTED:            September 11, 2008  


 

LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:105

 

Governing Bodies

 

Ethics and Gift Ban

 

The following precepts govern political activities being conducted by District employees and School

Board members:

 

(a)     No officer or employee shall intentionally perform any “political activity” during any compensated time, as defined herein. No officer or employee shall intentionally use any property or resources of the LaSalle/Putnam County Educational Alliance for Special Education in connection with any political activity.

 

(b)     At no time shall any officer or employee intentionally require any other officer or employee to perform any political activity (i) as part of that officer or employee's duties, (ii) as a condition of employment, or (iii) during any compensated time off (such as holidays, vacation or personal time off).

 

(c)     No officer or employee shall be required at any time to participate in any political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any political activity.

 

(d)     Nothing in this Section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this policy.

 

(e)     No person either (i) in a position that is subject to recognized merit principles of public employment or (ii) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the Federal Standards for a Merit System of Personnel Administration applicable to grant-in-aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club.

 

Limitations on Receiving Gifts

 

Except as permitted by this policy, no officer or employee, and no spouse of or immediate family member living with any officer or employee, shall intentionally solicit or accept any “gift” from any “prohibited source”, as defined herein, or which is otherwise prohibited by law or policy.  No prohibited source shall intentionally offer or make a gift that violates this policy.

 

Section 10-2. Exceptions. The following are exceptions to the ban on accepting gifts from a prohibited source:

 

(1)     Opportunities, benefits, and services that are available on the same conditions as for the general public.


 

(2)     Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value.

 

(3)     Any (i) contribution that is lawfully made under the Election Code or (ii) activities associated with a fundraising event in support of a political organization or candidate.

 

(4)     Educational materials and missions.

 

(5)     Travel expenses for a meeting to discuss business.

 

(6)     A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiancé or fiancée.

 

(7)     Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (i) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (ii) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members.

 

(8)     Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are (i) consumed on the premises from which they were purchased or prepared or (ii) catered. For the purposes of this Section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means.

 

(9)     Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances.

 

(10)   Intra-governmental and inter-governmental gifts. For the purpose of this Act, "intra-governmental gift" means any gift given to an officer or employee from another officer or employee, and "inter-governmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity.

 

(11)   Bequests, inheritances, and other transfers at death.

 

(12)   Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.


 

Each of the exceptions listed in this Section is mutually exclusive and independent of every other.

 

Section 10-3. Disposition of gifts. An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this policy if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c) (3) of the Internal Revenue Code of 1986, as now or hereafter amended, renumbered, or succeeded.

 

Ethics Officer:

 

Section 15-1. The Executive Director, with the advice and consent of the Executive Committee shall designate an Ethics Officer for the LaSalle/Putnam County Educational Alliance for Special Education.  The duties of the Ethics Officer may be delegated to an officer or employee of the

LaSalle/Putnam County Educational Alliance for Special Education unless the position has been created as an office by the LaSalle/Putnam County Educational Alliance for Special Education. 

 

Section 15-2. The Ethics Officer shall provide guidance to the officers and employees of the LaSalle/Putnam County Educational Alliance for Special Education concerning the interpretation of and compliance with the provisions of this policy and State ethics laws.  The Ethics Officer shall perform such other duties as may be delegated by the Executive Committee.

 

Ethics Commission:

 

Section 20-1. There is hereby created a commission to be known as the Ethics Commission of the LaSalle/Putnam County Educational Alliance for Special Education.  The Commission shall be comprised of three members appointed by the Executive Director with the advice and consent of the Executive Committee.  No person shall be appointed as a member of the Commission who is related, either by blood or by marriage up to the degree of first cousin, to any elected officer of LaSalle/Putnam County Educational Alliance for Special Education.

 

Section 20-2. At the first meeting of the Commission, the initial appointees shall draw lots to determine their initial terms.  Commissioners shall each serve a one-year term.  Commissioners may be reappointed to serve subsequent terms.

 

At the first meeting of the Commission, the commissioners shall choose a chairperson from their number.  Meetings shall be held at the call of the chairperson or of any 2 commissioners.  A quorum shall consist of two commissioners, and official action by the commission shall require the affirmative vote of two members.

 

Section 20-3. The Executive Director, with the advice and consent of the Executive Committee, may remove a commissioner in case of incompetence, neglect of duty or malfeasance in office after service on the commissioner by certified mail, return receipt requested, of a copy of the written charges against the commissioner and after providing an opportunity to be heard in person or by counsel upon not less than 10 days' notice.  Vacancies shall be filled in the same manner as original appointments.

 

Section 20-4. The Commission shall have the following powers and duties:

 

(1)     To promulgate procedures and rules governing the performance of its duties and the exercise of its powers.


 

(2)     Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose fines in accordance with Section 25-1(c) of this policy and refer violations of this policy to the appropriate attorney for prosecution.  The Commission shall, however, act only upon the receipt of a written complaint alleging a violation of this policy and not upon its own prerogative.

 

(3)     To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated the provisions of this policy.

 

(4)     To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation.  It is the obligation of all officers and employees of the LaSalle/Putnam County Educational Alliance for Special Education to cooperate with the Commission during the course of its investigations.  Failure or refusal to cooperate with requests by the Commission shall constitute grounds for discipline or discharge.

 

(5)     The powers and duties of the Commission are limited to matters clearly within the purview of this policy.

 

Section 20-5. Complaints

 

(a)     Complaints alleging a violation of this policy shall be filed with the Ethics Commission.

 

(b)     Within 3 business days after the receipt of a complaint, the Commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint.  The Commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within 3 business days after receipt by the commission.  The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed.

 

(c)     Upon not less than 48 hours' public notice, the Commission shall meet to review the sufficiency of the complaint and, if the complaint is deemed sufficient to allege a violation of this policy, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed.  The meeting may be closed to the public to the extent authorized by the Open Meetings Act. The Commission shall issue notice to the complainant and the respondent of the Commission's ruling on the sufficiency of the complaint and, if necessary, on probable cause to proceed within 7 business days after receiving the complaint.

 

If the complaint is deemed sufficient to allege a violation of the gift ban section of this policy and there is a determination of probable cause, then the Commission's notice to the parties shall include a hearing date scheduled within 4 weeks after the complaint's receipt.  Alternatively, the Commission may elect to notify in writing the attorney designated by the corporate authorities to prosecute such actions and request that the complaint be adjudicated judicially.  If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the Commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public.


 

If the complaint is deemed sufficient to allege a violation of the prohibited political activities section of this policy, then the Commission shall notify in writing the attorney designated by the corporate authorities to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the Commission concerning the alleged violation.

 

(d)     On the scheduled date and upon at least 48 hours' public notice of the meeting, the Commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence.  The hearing may be closed to the public only if authorized by the Open Meetings Act.

 

(e)     Within 30 days after the date the hearing or any recessed hearing is concluded, the Commission shall either (i) dismiss the complaint or (ii) issue a recommendation for discipline to the alleged violator and to the Executive Director or his/her designee, or impose a fine upon the violator, or both.  The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information.

 

(f)     If the hearing was closed to the public, the respondent may file a written demand for a public hearing on the complaint within 7 business days after the issuance of the recommendation for discipline or imposition of a fine, or both.  The filing of the demand shall stay the enforcement of the recommendation or fine. Within 14 days after receiving the demand, the Commission shall conduct a public hearing on the complaint upon at least 48 hours' public notice of the hearing and allow both parties the opportunity to present testimony and evidence.  Within 7 days thereafter, the Commission shall publicly issue a final recommendation to the alleged violator and to the Executive Director or his/her designee or impose a fine upon the violator, or both.

 

(g)     If a complaint is filed during the 60 days preceding the date of any election at which the respondent is a candidate, the Commission shall render its decision as required under subsection (e) within 7 days after the complaint is filed, and during the 7 days preceding that election, the Commission shall render such decision before the date of that election, if possible.

 

(h)     The Commission may fine any person who intentionally violates any provision of the gift ban section of this policy in an amount of not less than $1,001 and not more than $5,000.  The Commission may fine any person who knowingly files a frivolous complaint alleging a violation of this policy in an amount of not less than $1,001 and not more than $5,000.  The Commission may recommend any appropriate discipline up to and including discharge.

 

(i)      A complaint alleging the violation of this Act must be filed within one year after the alleged violation.

 

Section 25-1. Penalties.

 

(a)     A person who intentionally violates any provision of the prohibited political activities section of this policy may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.

 

(b)     A person who intentionally violates any provision of the gift ban section of this policy is subject to a fine in an amount of not less than $1,001 and not more than $5,000.


 

(c)     Any person who intentionally makes a false report alleging a violation of any provision of this policy to the local enforcement authorities, the State's Attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than 364 days, and may be fined in an amount not to exceed $2,500.

 

(d)     A violation of the prohibited political activities section of this policy shall be prosecuted as a criminal offense by an attorney for the LaSalle/Putnam County Educational Alliance for Special Education by filing in the circuit court information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure.  Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt.

 

A violation of the prohibited political activities section of this policy may be prosecuted as a quasi-criminal offense by an attorney for the LaSalle/Putnam County Educational Alliance for Special Education, or, if an Ethics Commission has been created, by the Commission through the designated administrative procedure.

 

(e)     In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of the gift ban section or the prohibited political activities section of this policy is subject to discipline or discharge.

 

Definitions

 

Section 1-1. For purposes of this policy, the following terms shall be given these definitions:

 

"Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties. 

 

"Candidate" means a person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the Election Code (10 ILCS 5/1-3).

 

"Collective bargaining" has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act (5 ILCS 315/3).

 

"Compensated time" means, with respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this policy, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, "compensated time" includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location.

 

"Compensatory time off" means authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment.


 

Contribution" has the same meaning as that term is defined in section 9-1.4 of the Election Code (10 ILCS 5/9-1.4).

 

"Employee" means a person employed by the LaSalle/Putnam County Educational Alliance for Special Education, whether on a full-time or part-time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor.

 

"Employer" means the LaSalle/Putnam County Educational Alliance for Special Education.

 

"Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee.

 

"Leave of absence" means any period during which an employee does not receive (i) compensation for employment, (ii) service credit towards pension benefits, and (iii) health insurance benefits paid for by the employer.

 

"Officer" means a person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity.

 

"Political activity" means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action, (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official duties.

 

"Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code (10 ILCS 5/9-3), but only with regard to those activities that require filing with the State Board of Elections or a county clerk.

 

"Political activity" means:

 

(1)     Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.

 

(2)     Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.

 

(3)     Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.

 

(4)     Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

 

(5)     Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.


 

(6)     Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.

 

(7)     Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.

 

(8)     Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.

 

(9)     Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.

 

(10)   Preparing or reviewing responses to candidate questionnaires.

 

(11)   Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.

 

(12)   Campaigning for any elective office or for or against any referendum question.

 

(13)   Managing or working on a campaign for elective office or for or against any referendum question.

 

(14)   Serving as a delegate, alternate, or proxy to a political party convention.

 

(15)   Participating in any recount or challenge to the outcome of any election.

 

"Prohibited source" means any person or entity who:

 

(1)     is seeking official action (i) by an officer or (ii) by an employee, or by the officer or another employee directing that employee;

 

(2)     does business or seeks to do business (i) with the officer or (ii) with an employee, or with the officer or another employee directing that employee;

 

(3)     conducts activities regulated (i) by the officer or (ii) by an employee, or by the officer or another employee directing that employee; or

 

(4)     has interests that may be substantially affected by the performance or non-performance of the official duties of the officer or employee.

LEG. REF.:            5ILCS 430/5/-15 et seq. (State Officials and Employee Ethics Act)

                              105 ILCS 5/16-1   

                              L.E.A.S.E. Executive Committee meeting minutes 12-8-05

CROSS REF.:

ADOPTED:            November 13, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:110

 

Governing Bodies

 

Qualifications, Term, and Duties of Officers

 

Alliance Council officers are: Chairperson and Secretary.  These officers are elected at the fall meeting in September.

 

Chairperson – L.E.A.S.E. Alliance Council

 

The Alliance Council elects a Chairperson from its members for a 1-year term.  The duties of the Chairperson are:

 

1.                  Preside at all meetings;

 

2.                  Sign official Alliance documents requiring the Chairperson's signature;

 

3.                  Call special meetings of the Alliance Council upon consultation with both the Executive Committee and the Executive Director

 

4.                  Review appeals of record access requests that were denied; and

 

5.                  Serve as the Alliance Council’s official spokesperson to the media.

 

The Chairperson is permitted to participate in all Council meetings in a manner equal to all other members, including the ability to make and second motions.  A permanent vacancy in the office of Chairperson is filled by special election.  If the Chairperson is absent from any meeting, if for any reason unable or refuses to perform his/her duties, a temporary Chairperson who shall be a member of the Alliance Council shall be elected by a majority vote of the Council.

 

Secretary – L.E.A.S.E. Alliance Council

 

The Secretary shall be a member of the Alliance Council who serves a 1-year term.  The Secretary shall perform or delegate the following duties:

 

1.      Keep Council minutes;

2.      Delegate to the Director the preparation of Council meeting agendas and their distribution, along with prior meeting minutes, to Council members before the next meeting;

 

3.      Delegate to the Director the mailing of meeting notifications, and agenda to news media who have officially requested copies;

 

4.      Delegates to the Director the required publication of required notices;

5.      Sign official Alliance documents requiring the Secretary's signature; and

6.      Maintain policy, financial reports, publicity, and correspondence as needed.

 

A permanent vacancy in the office of Secretary is filled by special election.  If the Secretary is absent from any meeting, if for any reason unable or refuses to perform his/her duties, a temporary Secretary who shall be a member of the Alliance Council shall be elected by a majority vote of the Council.


 

Executive Committee officers are: Chairperson, Vice-Chairperson, and Secretary.  These officers are elected at the first meeting held following the September Annual Meeting of the Alliance Council.

 

Chairperson – L.E.A.S.E. Executive Committee

 

The Executive Committee elects a Chairperson from its members for a 1-year term.  The duties of the Chairperson are:

 

1.                  Preside at all meetings;

2.                  Sign official Executive Committee documents requiring the Chairperson's signature;

3.                  Serve as the Executive Committee’s official spokesperson to the media.

The Chairperson is permitted to participate in all meetings in a manner equal to all other members, including the ability to make and second motions.

 

The Vice Chairperson fills a vacancy in the office of Chairperson.

 

Vice Chairperson – L.E.A.S.E. Executive Committee

 

The Executive Committee elects a Vice Chairperson from its members for a 1-year term. The Vice Chairperson performs the duties of the Chairperson if:

 

·         The office of Chairperson is vacant;

·         The Chairperson is absent; or

·         The Chairperson is unable to perform the office's duties.

 

A vacancy in the Vice Chairmanship is filled by special election.

 

Secretary

 

The Secretary to the Executive Director shall serve as the Recording Secretary of the L.E.A.S.E. Executive Committee. The Secretary shall perform or delegate the following duties:

 

1.      Keep Executive Committee minutes;

2.      Prepare Executive Committee meeting agendas and provide them, along with prior meeting minutes, to members before the next meeting;

3.      Mail meeting notification and agenda to news media who have officially requested copies;

4.      Keep records of the Committee’s official acts, and sign them, along with the Chairperson.

5.      Arrange public inspection of the budget before adoption;

6.      Publish required notices;

7.      Sign official documents requiring the Secretary's signature; and

8.      Maintain Alliance policy, financial reports, publicity, and correspondence.


 

A permanent vacancy in the office of Secretary is filled by special election or appointment.

LEGAL REF.:        5 ILCS 420/4A-106.

CROSS REF.:         2:210 (Organizational Governing Bodies Meeting)

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:130

 

Governing Bodies

 

Board-Director Relationship

 

The Alliance Council and/or the L.E.A.S.E. Executive Committee employs and evaluates the Director and holds him or her responsible for the operation of the Alliance in accordance with Alliance policies and State and federal law.

 

The Board-Director relationship is based on mutual respect for their complementary roles.  The relationship requires clear communication of expectations regarding the duties and responsibilities of both the Board and Director.

 

The Alliance Council and the L.E.A.S.E. Executive Committee consider the recommendations of the Director as the Alliance’s Chief Executive Officer.  The Executive Committee adopts policies necessary to provide general direction for the Alliance and to encourage achievement of Alliance goals.  The Director develops plans, programs, and procedures needed to implement the policies and directs the Alliance’s operations.

LEGAL REF.:        105 ILCS 5/10-16.7 and 5/10-21.4.

CROSS REF.:         3:40 (Director)

ADOPTED:            September 11, 2008

 


 

LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:140

 

Governing Bodies

 

Communications To and From the Board

 

Staff members, parents, and community members should submit questions or communications for the Alliance Council’s and/or the Executive Committee’s consideration to the Director.  The Director shall provide the Executive Committee with a summary of these questions or communications and provide, as appropriate, his or her feedback regarding the matter.  If contacted individually, Board members will refer the person to the appropriate level of authority, except in unusual situations.  Board members’ questions or communications to staff or about programs will be channeled through the Director’s office.  Board members will not take private action that might compromise the Board or Alliance.  There is no expectation of privacy for any communication sent to the Board or its members individually, whether sent by letter, email, or other means.

 

Board Member Use of Electronic Mail

 

Email to, by, and among Board members, in their capacity as Board members, shall not be used for the purpose of discussing Alliance business. Email among Board members shall be limited to: (1) disseminating information, and (2) messages not involving deliberation, debate, or decision-making. Email may contain:

 

·         Agenda item suggestions

·         Reminders regarding meeting times, dates, and places

·         Board meeting agendas or information concerning agenda items

·         Individual responses to questions posed by community members, subject to the other limitations in this policy

 

All communications, publications and papers printed by L.E.A.S.E. for Alliance Council members and the L.E.A.S.E. Executive Committee shall indicate their date and origin.  If a publication supersedes prior publications, the new communication will so state.

LEGAL REF.:        5 ILCS 120/1 et seq.

CROSS REF.:         2:220 (Meeting Procedure), 3:30 (Line and Staff Relations), 8:110 (Public Complaints)

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)     2:140-E1

 

Governing Bodies

 

Exhibit - Guidance for Board Member Communications, Including Email Use

 

The Executive Committee and Alliance Council are authorized to discuss Alliance business only at a properly noticed Board meeting (Open Meetings Act, 5 ILCS 120/1 et seq.).  Other than during a Board meeting, a majority or more of a Board quorum may not engage in contemporaneous interactive communication, whether in person or electronically, to discuss Alliance business.  This Guidance covers issues arising from Board policy 2:140, Communications To and From the Board.

 

Communications Outside of a Properly Noticed Board Meeting

 

1.      The Director or designee is permitted to email information to Board members.  For example, the Director may email Board meeting agendas and supporting information to Board members.  When responding to a single Board member’s request regarding Board business, the Director should copy all other Board members and include a “do not reply/forward” alert to the group, such as: “BOARD MEMBER ALERT: This email is in response to a request.  Do not reply or forward to the group but only to the sender.

 

2.      Board members are permitted to discuss any matter except Board business with each other, whether in person or by telephone or email, regardless of the number of members participating in the discussion.  For example, they may discuss league sports, work, or current events.

 

3.      Board members are permitted to provide information to each other, whether in person or by telephone or email, that is non-deliberative and non-substantive.  Examples of this type of communication include scheduling meetings and confirming receipt of information.

 

4.      A Board member is not permitted to discuss Alliance business with more than one other Board member at a time, whether in person or by telephone or email.  Stated another way, a Board member may discuss Alliance business in person or by telephone or email with only one other Board member at a time.  However, a Board member should not facilitate interactive communication by discussing Alliance business in a series of visits with, or telephone calls or emails to, Board members individually.

 

5.      A Board member should include a “do not reply/forward” alert when emailing a message concerning Alliance business to more than one other Board member.  The following is an example of such an alert: “BOARD MEMBER ALERT: This email is not for interactive discussion purposes.  The recipient should not reply to it or forward it to any other individual.

 

6.      Board members should not reply to or forward email received from another Board member.

 

When Must Email Be Retained?

 

Email, including attachments, that were “prepared, or having been or being used, received, possessed, or under the control of any public body,” may be, depending on the content, subject to disclosure as a public record (Freedom of Information Act, 5 ILCS 140/2).  Most email sent or received by individual Board members do not satisfy this definition of “public record” even when the content concerns Board business.  This is because individual Board members generally have no authority other than during a properly called Board meeting.  However, there may be exceptions.  Accordingly, Board members must be able to distinguish between official record and non-record messages.


 

Non-Record Messages

Email messages are “non-record messages” when individual Board members are acting in their individual capacities.  This may occur, for example, when an individual Board member’s email describes his or her personal opinions concerning the Alliance or is a response to a community member.  Warning: these “personal opinions” or “responses” may constitute an illegal Board meeting under the Open Meetings Act if a majority or more of a quorum of the Board discusses District business using email.  See the first section of this Guidance.

 

Other examples of non-record messages include:

 

1.      Information from the Superintendent concerning meeting dates, agenda topics, or materials to prepare for or be discussed during a meeting.

 

2.      Personal correspondence, such as, “Do you want to ride with me to the IASB workshop?”

 

3.      Publications or promotional material from vendors, the IASB, or publicly available materials.

 

4.      Correspondence from parents, staff, or community members.

 

Non-record messages are not “public records” under the Freedom of Information Act and do not need to be stored.

 

Official Record Messages

 

Email messages are “public records” under the Freedom of Information Act (FOIA) when they are “prepared, used, received, or possessed by, or under the control of” the Alliance.  Email that qualifies under FOIA as a “public record” will need to be stored only if it is evidence of the Alliance’s organization, function, policies, procedures, or activities or contains informational data appropriate for preservation (Local Records Act, 50 ILCS 205/1 et seq.).  An example is any email from a Board officer concerning a decision made in his or her capacity as an officer.  A Board member must copy this type of email, herein called “official record messages,” to the appropriate Alliance office where it will be stored on the Board member’s behalf.  The Alliance will delete these official record messages as provided in an applicable, approved retention schedule.

 

Important: Do not destroy any email concerning a topic that is being litigated without obtaining the Board attorney’s direction.  In federal lawsuits there is an automatic discovery of virtually all types of electronically created or stored data that might be relevant.  Attorneys will generally notify their clients at the beginning of a legal proceeding not to destroy any electronic records that might be relevant.  For more discussion of a litigation hold, see 2:250-AP2, Protocols for Record Preservation and Development of Retention Schedules.


 

LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:150

 

Governing Bodies

 

Committees

 

The Alliance Council shall authorize the appointment of special ad hoc committees as are deemed necessary by the Executive Committee, including a Professional and Lay Advisory Committee, as described in the Constitution.

 

The Chairperson may also appoint committees of the Alliance Council to act upon a specific situation or problem defined at the time such committee is created.  Upon reporting its action to the Alliance Council, the said committee shall be then dissolved unless the Alliance Council renews its appointment.

 

The Alliance Council Chairperson, the Director and the Executive Committee Chairperson shall serve as ex-officio members of each committee unless otherwise appointed by the Alliance Council Chairperson.

 

The Executive Committee may establish committees to assist with the Executive Committee’s governance function and, in some situations, to comply with State law requirements.  These committees are known as Executive Committee committees and report directly to the Executive Committee.  Committee members may include both Executive Committee members and non-Board members depending on the committee’s purpose.  The Executive Committee Chairperson makes all Executive Committee committee appointments unless specifically stated otherwise.  Executive Committee committee meetings shall comply with the Open Meetings Act.  An Executive Committee committee may not take final action on behalf of the Executive Committee – it may only make recommendations to the Executive Committee.

 

Special Executive Committee Committees

 

A special committee may be created for specific purposes or to investigate special issues.  A special committee is automatically dissolved after presenting its final report to the Executive Committee or at the Executive Committee’s discretion.

 

Standing Executive Committee Committees

 

A standing committee is created for an indefinite term although its members will fluctuate. Standing committees are:

 

1.      Executive Committee Policy Committee.  This committee researches policy issues, and provides information and recommendations to the Board.

 

2.      Parent-Teacher Advisory Committee.  This committee assists in the development of student discipline policy and procedure.  Its members are parents/guardians and teachers, and may include persons whose expertise or experience is needed.  The committee reviews such issues as administering medication in the schools, reciprocal reporting between the Alliance and local law enforcement agencies regarding criminal offenses committed by students, student discipline, disruptive classroom behavior, school bus safety procedures, and the dissemination of student conduct information.


 

3.      Behavioral Interventions Committee.  This committee develops and monitors procedures for using behavioral interventions in accordance with Executive Committee policy 7:230, Misconduct by Students with Disabilities.  At the Executive Committee Chairperson’s discretion, the Parent-Teacher Advisory Committee may perform the duties assigned to the Behavioral Interventions Committee.

 

Nothing in this policy limits the authority of the Director or designee to create and use committees that report to him or her or to other staff members.

LEGAL REF.:        5 ILCS 120/1 et seq.

                              105 ILCS 5/10-20.14 and 10/1 et seq.

                              23 Ill.Admin.Code Part 226.

                              Constitution of the LaSalle/Putnam County Educational Alliance For Special Education, Article V, Section 5.6.

CROSS REF.:         2:110 (Qualifications, Term, and Duties of Officers), 2:200 (Types of Meetings), 2:240 (Policy Development), 7:190 (Student Discipline), 7:230 (Misconduct by Students with Disabilities)

ADOPTED:            September 11, 2008


 

LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:160

 

Governing Bodies

 

Attorney

 

The Executive Committee may annually or as necessary provide for legal services to advise the Committee and the Director.

 

Legal services may be procured via retainer or other fee arrangement as the Executive Committee and attorney determine in advance.

 

The attorney will:

1.      Serve as counselor to the Executive Committee and Alliance Council at regular meetings and at special meetings when requested by the Director or Chairperson;

 

2.      Represent the Alliance in any legal matter as requested by the Executive Committee;

 

3.      Provide written opinions on legal questions as requested by the Director or Chairperson;

 

4.      Approve, prepare, or supervise the preparation of legal documents and instruments and perform such other legal duties as the Executive Committee may request; and

 

5.      Be available for telephone consultation.

 

The Executive Committee shall retain the right to consult or employ other attorneys on matters of special concern and to terminate the service of any attorney.

LEGAL REF.:

CROSS REF.:

ADOPTED:            September 11, 2008


 

LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:170

 

Governing Bodies

 

Procurement of Architectural, Engineering, and Land Surveying Services

 

The Executive Committee selects architects, engineers, and land surveyors to provide professional services to the Alliance on the basis of demonstrated competence and qualifications, and in accordance with State law.

LEGAL REF.:        Shively v. Belleville Township High Special Education Alliance 201, 769 N.E.2d 1062 (5th Dist., Ill. App. 2002), appeal denied.

40 U.S.C. § 541.

50 ILCS 510/0.01 et seq.

105 ILCS 5/10-20.21.

CROSS REF.:

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)  2:170-AP1

 

Governing Bodies

 

Administrative Procedure - Qualification Based Selection

 

These procedures describe how the Alliance will procure architectural, engineering, and land surveying services; the Local Government Professional Services Selection Act will control in the event of a conflict.  50 ILCS 510/1 as amended by P.A. 94-1097.  The Director will modify these procedures whenever the Executive Committee determines by resolution that an emergency exists and a firm must be selected in an expeditious manner, or the cost of architectural, engineering, and land surveying services for the project is expected to be less than $25,000.  50 ILCS 510/8.

 

Actor

Action

Architectural, engineering, or land surveying firms

May annually file a statement of qualifications and performance data with the District. 50 ILCS 510/4.

Superintendent and/or Designee

Store statements of qualifications and performance data received from firms engaged in architectural, engineering, or land surveying services.

 

Unless the Alliance has a satisfactory relationship for services with one or more firms, mail notices of the proposed project to those firms that have current statements of qualifications and performance data on file.  In addition, or alternatively, the project may be advertised in the local and area newspapers.  50 ILCS 510/4.

 

Unless the Alliance has a satisfactory relationship for services with one or more firms, evaluate the firms that submitted interest letters, according to criteria for ranking described in the last section of this procedure.  The Director and/or designee may conduct discussions with and require public presentations by firms deemed to be the most qualified regarding their qualifications, approach to the project, and ability to furnish the required services.  50 ILCS 510/5, as amended by P.A. 94-1097.

 

Do not, prior to selecting a firm for contract negotiation, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation.  50 ILCS 510/5, as amended by P.A. 94-1097.

 

Select no less than 3 firms, who would be most qualified to provide services, and rank them in order of their qualifications.  If fewer than 3 firms submit interest letters and the Executive Committee determines that one or both of those firms are so qualified, negotiate a contract as provided herein.  50 ILCS 510/6.

 

Attempt to negotiate a contract at a fair and reasonable compensation, taking into account the estimated value, scope, complexity, and professional nature of the services to be rendered.  50 ILCS 510/5, as amended by P.A. 94-1097.


 

 

If unable to reach agreement on a satisfactory contract, terminate negotiations and proceed to negotiate with the firm ranked next in qualifications.  50 ILCS 510/5, as amended by P.A. 94-1097.

 

If unable to negotiate a satisfactory contract with any of the 3 originally selected firms, inform the Executive Committee.  The Alliance will re-evaluate the services requested and compile a second list of not less than 3 qualified firms and continue the process.  50 ILCS 510/5, as amended by P.A. 94-1097.

 

Criteria for Ranking Firms

 

Unless the Alliance has a satisfactory relationship for services with one or more firms, the criteria for evaluating the firms submitting letters of interest may include, but are not limited to:

 

Required Criteria for Consideration (50 ILCS 510/5.)

 

Qualifications and ability of professional personnel

Past record and experience

Performance data

Acceptance of District’s time and budget requirements

Location of firm’s administrative offices

Workload

 

Permissive Criteria for Consideration

 

Firm’s credit rating

Firm’s financial stability

Reputation

Technological resources

LEGAL REF.:        40 U.S.C. §541.

50 ILCS 510/1 et seq.

105 ILCS 5/10-20.21.

CROSS REF.:

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:190

 

Governing Bodies

 

Mailing Lists for Receiving Material

 

The Director shall maintain a mailing list of the names and addresses each year of persons who file a written request to be on such a list.  Those persons shall be mailed copies of the following, provided they have pre-paid the subscription fee, pro-rated if subscribing less than one year:

 

1.      Agenda of the Governing Bodies

2.      Budgets

3.      Audits

4.      Official Minutes of the Governing Bodies which will be mailed within 10 days after approval

 

The subscription fee will be set annually to cover reproduction and mailing costs.  The subscription period shall be the same as the Alliance's fiscal year.

LEGAL REF.:        105 ILCS 5/10-21.6.

CROSS REF.:         2:220 (Meeting Procedure)

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:200

 

Governing Bodies

 

Types of Meetings

 

General

For all meetings of the Alliance Council, Executive Committee, and their committees, the Director or designee shall satisfy all notice and posting requirements contained herein, as well as the requirements of the Open Meetings Act.  This shall include mailing meeting notifications to news media that have officially requested them, and to others as approved by the Executive Committee. Unless otherwise specified, all meetings are held in the Alliance’s main office.  Board policy 2:220, Governing Bodies’ Meeting Procedure, governs meeting quorum requirements. 

 

The Executive Director is designated on behalf of the Board and each Board committee to receive the training on compliance with the Open Meetings Act that is administered by the Illinois Attorney General’s Public Access Counselor. The Director may identify other employees to receive the training.

 

Executive Committee members may attend meetings via a telephone conference call and speaker telephone, provided the following guidelines are followed:

 

1.                  A quorum of the Executive Committee or Alliance Council must be physically present at the place designated in the notice of the meeting.

 

2.                  The call shall be broadcast over a speaker phone or other similar device permitting members to hear all other members participating in the meeting.  The device shall be located at the place designated for the meeting.

 

3.                  Such broadcast shall be open to the public for those portions of the meeting open to the public and open to all members participating in the meeting for the open and closed portion of the meeting.

 

4.                  Members not physically present at the designated place shall be given the same opportunities to participate in discussions, to vote, and to make motions as those members who are physically present and shall be counted as present during the call.  However, no member not physically present may preside or act as Secretary at the meeting.

 

5.                  No one shall terminate a member’s call without the member’s consent before the adjournment of the meeting.

 

6.                  The minutes shall designate those members who are not physically present but who are participating by teleconference.

 

Regular Meetings

 

The Executive Committee announces the time and place for its regular meetings at the beginning of each fiscal year.  The Director shall prepare and make available the calendar of regular School Board meetings.  Meeting dates may be changed with 10 days’ notice in accordance with State law.  The Special Education Alliance Council shall regularly schedule one annual meeting per year to be held in September.  The Executive Committee will meet monthly at a time and place to be determined by the Director and the Executive Committee.  Meetings during the summer months of July and August may be canceled as determined by the Director and the Executive Committee.  A meeting agenda shall be served by mail to each Governing Board member and shall be posted at the Alliance main office and the Executive Committee’s meeting room, or other location where the meeting is to be held, at least 48 hours before the meeting.  Items not specifically on the agenda may still be considered during the meeting.

Closed Meetings

 

The Governing Bodies and Governing Bodies committees may meet in a closed meeting to consider the following subjects:

 

1.      The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity.  5 ILCS 120/2(c)(1).

 

2.      Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.  5 ILCS 120/2(c)(2).

 

3.      The selection of a person to fill a public office, as defined in the Open Meetings Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.  5 ILCS 120/2(c)(3).

 

4.      Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.  5 ILCS 120/2(c)(4).

 

5.      The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.  5 ILCS 120/2(c)(5).

 

6.      The setting of a price for sale or lease of property owned by the public body.  5 ILCS 120/2(c)(6).

 

7.      The sale or purchase of securities, investments, or investment contracts.  5 ILCS 120/2(c)(7).

 

8.      Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property.  5 ILCS 120/2(c)(8).

 

9.      Student disciplinary cases.  5 ILCS 120/2(c)(9).

 

10.  The placement of individual students in special education programs and other matters relating to individual students.  5 ILCS 120/2(c)(10).

 

11.  Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.  5 ILCS 120/2(c)(11).

 

12.  The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member.  5 ILCS 120/2(c)(12).

 

13.  Self-evaluation, practices and procedures, or professional ethics, when meeting with a representative of a statewide association of which the public body is a member.  5 ILCS 120/2(c)(16).

 

14.  Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.  5 ILCS 120/2(c)(21).

 

The Governing Bodies may hold a closed meeting, or close a portion of a meeting, by a majority vote of a quorum, taken at an open meeting.  The vote of each Member of a Governing Body present and the reason for the closed meeting will be publicly disclosed at the time of the meeting and clearly stated in the motion and the meeting minutes.

 

A single motion calling for a series of closed meetings may be adopted by a Governing Bodies quorum when such meetings will involve the same particular matters and are scheduled to be held within 3 months of the vote.

 

No final action will be taken at a closed meeting.

 

Reconvened or Rescheduled Meetings

 

A meeting may be rescheduled or reconvened.  However, no reconvened meeting can be scheduled beyond the date of the next regular meeting.  Public notice of a rescheduled or reconvened meeting shall be given in the same manner as that for a special meeting, except that no public notice is required when the original meeting is open to the public and: (1) is to be reconvened within 24 hours, or (2) an announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in the agenda.

 

Special Meetings

 

Special meetings may be held at the call of the Director, Chairperson, or by a majority of the Alliance Council or the Executive Committee members, by giving notice thereof, in writing, stating the time, place, and purpose of the meeting to remaining Council members by mail at least 48 hours before the meeting, or by personal service at least 24 hours before the meeting.

 

Public notice of a special meeting is given by posting a notice at the Alliance's main office at least 48 hours before the meeting and by notifying the news media that have filed a written request for notice.  A meeting agenda shall accompany the notice.

 

No matters will be discussed, considered, or brought before the Alliance Council or Executive Committee at any special meeting other than such matters as were included in the stated purpose of the meeting.

 

Emergency Meetings

 

Public notice of emergency meetings shall be given as soon as practical, but in any event, before the meeting to news media that have filed a written request for notice.

 

Posting on the Alliance Website

 

In addition to the other notices specified in this policy, the Director or designee shall post the following on the District website:  (1) the annual schedule of regular meetings, which shall remain posted until the Board approves a new schedule of regular meetings; (2) a public notice of all Board meetings; and (3) the agenda for each regular meeting which shall remain posted until the regular meeting is concluded.

LEGAL REF.:        5 ILCS 120/, Open Meeting Act

                              5 ILCS 140/, Freedom of Information Act

105 ILCS 5/10-6 and 5/10-16.

Executive Committee minutes May 5, 1971

L.E.A.S.E. Constitution, Article VI, Section 6.4

CROSS REF.:         2:210 (Organizational Meetings), 2:220 (Meeting Procedure), 2:230 (Public Participation at Meetings and Petitions to the Governing Bodies), 6:235 (Access to Electronic Networks)

ADOPTED:            September 11, 2008

Revised                  February 11, 2010

 


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)                2:210

 

Governing Bodies

 

Organizational Meeting

 

At the first meeting to be held following the September annual meeting of the L.E.A.S.E. Alliance Council, (the organizational meeting), the new members of the Executive Committee will be seated, and the L.E.A.S.E. Executive Committee shall select from its membership a chairperson and a vice-chairperson.  The Committee may appoint a secretary who is not a member of the Committee.  The terms of these officers are from one organizational meeting to the next.

 

The Director shall prepare a suggested calendar for the ensuing year for the approval of the Executive Committee showing a yearly chronology of important Executive Committee dates.

 

New Executive Committee Member Orientation

 

It shall be the responsibility of the Director to provide to new Executive Committee members who have never served before on the Committee, immediately upon their election, an orientation program.  Materials regarding L.E.A.S.E. previous year operations, the current annual budget, policies and other pertinent information may be provided to acquaint new members with the powers and duties of the Executive Committee and the operation of L.E.A.S.E.

LEGAL REF          Constitution of the LaSalle/Putnam County Educational Alliance for Special Education, Article VI, Section 6.3.

CROSS REF.:         2:200 (Types of Meetings), 2:220 (Meeting Procedure), 2:230 (Public Participation at Meetings and Petitions to the Governing Bodies)

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)          2:220

 

Governing Bodies

 

Governing Bodies Meeting Procedure 

 

The focus of Alliance Council meetings will be:

 

1.         to assure Alliance Council members and others, an appropriate and adequate opportunity to discuss and deliberate matters before the Alliance Council relating to L.E.A.S.E. operations;

 

2.         to reach sound decisions which reflect the perceived needs of L.E.A.S.E. consistent with L.E.A.S.E. policies, administrative regulations and delegated responsibilities;

 

3.         to review Alliance Council action and monitor its effectiveness in its part of managing L.E.A.S.E.

 

4.         to perform any perfunctory duties of the Alliance such as recognizing guests and visitors, approving minutes, etc.

 

Meetings of the Alliance Council shall comply with the requirements of the "Illinois Open Meetings Act" which requires that every meeting of the Alliance Council and its committees be public unless the subject matter falls within certain exceptions provided by law.

 

Regular meetings of the Alliance Council shall be held at the time and dates designated on the calendar adopted by the L.E.A.S.E. Executive Committee.

 

If a meeting cannot be held on a scheduled date due to the lack of a quorum or for any other cause, the meeting shall be held on another date designated by the L.E.A.S.E. Executive Committee in consultation with the Alliance Council chairperson.  All attempts should be made to hold this rescheduled meeting within fourteen (14) days of the original date.

 

Alliance Council meetings shall be held at a location chosen by the L.E.A.S.E. Executive Committee or designated in the official notification of the meeting.

 

The Alliance Council shall meet once a year in September on a date adopted by the L.E.A.S.E. Executive Committee.  The scheduled meeting date in September may be changed by a majority vote of a quorum of the Alliance Council.  Each Alliance Council member shall receive a written notice of the proposed change two (2) weeks prior to the vote on the change.

 

Agenda

 

The agenda for Alliance Council meetings shall be prepared by the Director in consultation with the Executive Committee and the Chairperson of the Alliance Council.  Items submitted by Alliance Council members to the Director or the Chairperson shall be placed on the agenda.  Such items must be received by the Director and the Alliance Council Chairperson at least ten (10) days prior to the Alliance Council meeting.

 

Items for discussion or action may be added to the agenda at the start of the meeting at the request of the Director or any Alliance Council member upon approval of a majority of a quorum of those members present.


 

Copies of the agenda shall be delivered, with adequate data and back-up information to each Alliance Council member at least forty-eight (48) hours prior to each regular meeting.

 

Alliance Council members shall be expected to read the information provided them, and to contact the Director to request additional information that may be deemed necessary to assist them in their decision making responsibilities.

 

Copies of the agenda shall be available at the meeting for the convenience of visitors.

The Executive Committee Chairperson is responsible for focusing the Board meeting agendas on appropriate content.  The Director shall prepare agendas for Executive Committee Meetings in consultation with the Chairperson.  The Chairperson shall designate a portion of the agenda as a consent agenda for those items that usually do not require discussion or explanation before Executive Committee action.  Any member may request the withdrawal of any item under the consent agenda for independent consideration.

 

Items submitted by Executive Committee Members to the Director or the Chairperson shall be placed on the agenda.  Alliance residents may suggest inclusions on the agenda.  Items may be added to the agenda at the beginning of a regular meeting upon unanimous approval of those members present.  Items not specifically on the agenda may still be discussed during the meeting.

 

The Director shall provide a copy of the agenda, with adequate data and background information, to each Executive Committee member at least 48 hours before each meeting, except a meeting held in the event of an emergency.  The meeting agenda shall be posted in accordance with policy 2:200, Types of School Board Meetings. 

 

The Chairperson shall determine the order of business at regular Executive Committee meetings.  Upon consent of a majority of members present, the order of business at any meeting may be changed.

 

Voting Method

 

Unless otherwise provided by law, or the L.E.A.S.E. Constitution, when a vote is taken upon any measure before the Governing Bodies, with a quorum being present, a majority of the votes cast shall determine its outcome.  The dismissal of the Director for any reason or cause, other than the elimination of the position, shall be approved by a two-thirds (2/3) vote of all members of the Alliance Council rather than a majority of a quorum.  A vote of “abstain” or “present” is counted for the purposes of determining whether a quorum is present.  A vote of “abstain” or “present,” however, is not counted as a “yea” or “nay” in determining whether a measure has been passed by the Governing Bodies unless otherwise stated in law.

 

The sequence for casting votes shall be rotated.

 

On all questions involving the expenditure of money and on all questions involving the closing of a meeting to the public, a roll call vote shall be taken and entered in the Governing Bodies' minutes.

Any member may request that his/her vote be changed if such request is made prior to the consideration of the next item of business. 

 

Minutes

 

The Governing Bodies Secretaries shall keep written minutes of all Governing Bodies meetings, which shall be signed by the Chairperson and the Secretary.  The minutes include:


 

1.      The meeting’s date, time, and place;

 

2.      Members of a Governing Body recorded as either present or absent;

 

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

 

4.      On all matters requiring a roll call vote, a record of who voted "yea" and "nay";

 

5.      If the meeting is adjourned to another date, the time and place of the adjourned meeting;

 

6.      The vote of each member present when a vote is taken to hold a closed meeting or portion of a meeting, and the reason for the closed meeting with a citation to the specific exception contained in the Open Meetings Act authorizing the closed meeting;

 

7.      A record of all motions, the members making the motion and the second; and

 

8.      The type of meeting, including any notices and, if a reconvened meeting, the original meeting's date.

 

The minutes shall be submitted to the Governing Bodies at their next regularly scheduled open meeting for approval or modification.

 

At least semi-annually in an open meeting, the Governing Bodies: (1) reviews minutes from closed meetings that are currently unavailable for public release, and (2) decides which, if any, no longer require confidential treatment and are available for public inspection.  The Governing Bodies may meet in a prior closed session to review the minutes from closed meetings that are currently unavailable for public release.

 

The official minutes are in the custody of the Secretaries or of the Director.  Open meetings minutes are available for inspection during regular office hours within 7 days after the Governing Bodies' approval; they may be inspected in the Alliance’s main office, in the presence of the Secretary, the Director or designee, or any Member of a Governing Body.  Minutes from closed meetings are likewise available, but only if the Governing Body has released them for public inspection.  Written closed session minutes will be distributed at the following meeting of the Executive Committee for content approval of the minutes as an accurate representation of the closed session.  However, this approval would not approve these minutes for public release.  Minutes will be collected from members after formal action is taken for confidentiality purposes.  Only minutes that have been approved by the Governing Bodies are available.  The minutes shall not be removed from the Director's office except by vote of the Governing Bodies or by court order.

 

The Board’s open meeting minutes shall be posted on the District website within 7 days after the Board approves them; the minutes will remain posted for at least 60 days.

 

Verbatim Record of Closed Meetings

 

The Director, or the Secretaries when the Director is absent, shall audio record all closed meetings.  If neither is present, the Chairperson or presiding officer shall assume this responsibility.  After the closed meeting, the person making the audio recording shall label the recording with the date and store it in a secure location.  The Director shall ensure that: (1) an audio recording device and all necessary accompanying items are available to the Governing Bodies for every closed meeting, and (2) a secure location for storing closed meeting audio recordings is maintained close to the regular meeting location.


 

At no time will an audio recording be released that would violate State or federal privacy or confidentiality requirements, including, but not limited to, any matter concerning: (1) a named student, (2) an employee’s or applicant’s personnel file and personal information, (3) school security plans, (4) communications between the Governing Bodies and an attorney representing the Alliance, and (5) all information exempted from disclosure under the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.

 

After 18 months have passed since being made, the audio recording of a closed meeting is destroyed provided the Governing Bodies approved: (1) its destruction, and (2) the written minutes of the particular closed meeting. 

 

Requests by members of the public for access to a recording of a closed meeting will be denied unless the Governing Body has found that the recording no longer needs confidential treatment.  Individual Members of a Governing Body may listen to verbatim recordings when that action is germane to their responsibilities, e.g., in order to check the accuracy of minutes or to determine whether the recordings no longer require confidential treatment.  In the interest of encouraging free and open expression by Members of a Governing Body during closed meetings, the recordings of closed meetings should not be used by Members of a Governing Body to confirm or dispute the accuracy of recollections.

 

Quorum

 

For meetings of the Alliance Council, ten member districts shall constitute a quorum.

 

A majority of the full membership of the Executive Committee shall constitute a quorum.  A quorum must be physically present at all Board meetings.

 

Provided a quorum is physically present, a Board member may attend a meeting by video or audio conference if he or she is prevented from physically attending because of:  (1) personal illness or disability, (2) employment or District business, or (3) a family or other emergency.  If a member wishes to attend a meeting by video or audio means, he or she must notify the recording secretary or Director at least 24 hours before the meeting unless advance notice is impractical.  The recording secretary or Director will inform the Board President and make appropriate arrangements.  A Board member who attends a meeting by audio or video means, as provided in this policy, may participate in all aspects of the Board meeting including voting on any item.

 

Rules of Order

 

Unless State law or Board-adopted rules apply, the Chairperson, as the presiding officer, will use Robert's Rules of Order Newly Revised (10th Edition) as a guide when a question arises concerning procedure.

 

Broadcasting and Recording Meetings

 

Any person may record or broadcast an open meeting.  Requests for special needs, such as seating, writing surfaces, lighting, and access to electrical power, should be directed to the Director at least 2 hours before the meeting.

 

Recording meetings shall not distract or disturb Members of a Governing Body, other meeting participants, or members of the public.  The Chairperson may designate a location for recording equipment, may restrict the movements of individuals who are using recording equipment, or may take such other steps as are deemed necessary to preserve decorum and facilitate the meeting.


 

LEGAL REF.:        5 ILCS 120/2a, 120/2.02, 120/2.05, and 120/2.06.

105 ILCS 5/10-6, 5/10-7, and 5/10-16.

Prosser v. Village of Fox Lake, 438 N.E.2d 134 (1982).

Constitution of the LaSalle/Putnam County Educational Alliance for Special Education, Article V, Section 5.4

Ill. Rev. Stat., ch. 102, para. 41 et. seq. (1983)

CROSS REF.:         2:200 (Types of Meetings), 2:210 (Organizational Meeting), 2:230 (Public Participation at Meetings and Petitions to the Governing Bodies)

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)     2:220-E1

 

Governing Bodies

 

Exhibit - Governing Bodies Treatment of Closed Meeting Verbatim Records and Minutes

 

The following procedures govern the verbatim audio recordings and minutes of Governing Bodies meetings that are closed to the public.

 

Actor

Action

Before any Meeting of a Governing Body: Director or designee

Arranges to have an audio recording device with extra recording tapes and a back-up audio recording device in the meeting room during every meeting regardless of whether a closed meeting is scheduled. 

 

The Governing Body may close a portion of a public meeting without prior notice; it cannot, however, have a closed meeting unless it can record the session.

Before a closed meeting: Chairperson or presiding officer

On the closed meeting date: (1) convenes an open meeting, (2) requests a motion to adjourn into closed meeting making sure the reason for the meeting is identified in the motion, (3) takes a roll call vote, (4) asks that the minutes record the vote of each member present and the reason for the closed meeting with a citation to the specific exception contained in the Open Meetings Act authorizing the closed meeting [5 ILCS 120/2a], and (5) adjourns the open meeting.

Before a closed meeting: Director or Secretary

Immediately before a closed meeting, tests and activates the audio recording device.

During a closed meeting: Chairperson or presiding officer

Convenes the closed meeting stating:

 

Seeing a quorum of the Governing Body gathered today, ___ date, at ___o’clock, at ____ location, for the purpose of holding a closed meeting in order to confidentially discuss ___, I call the meeting to order.  In order to record who is present, I request that each individual state his or her name and position with the Alliance.

 

Limits discussion to the topics that were included in the motion to go into a closed meeting.

 

The failure to immediately call a person out-of-order who strays from the purposes included in the motion may result in an appearance of acquiescence.  This responsibility to call a person out-of-order falls on each Member of a Governing Body in the event of the Chairperson’s failure.

 

Once the closed meeting is finished, announces a return to an open meeting or adjournment, and states the time.


 

After a closed meeting:  Director or Secretary

Takes possession of the audio recording of the closed meeting and labels it with identification information, specifically the date and items discussed.

 

Adds the identification information contained on the audio recording’s label to a cumulative list of closed meeting recordings.

 

As soon as possible, puts the recording of the closed meeting in the previously identified secure location for storing recordings of closed meetings.

Prepares written closed meeting minutes that include:

·         The date, time, and place of the closed meeting

·         The Members of a Governing Body present and absent

·         A summary of discussion on all matters proposed or discussed

·         The time the closed meeting was adjourned

After a closed meeting:  Governing Bodies

Approve the previous closed meeting minutes at the next open meeting.

In preparation for the semi-annual review:  Director or designee

Prepares a recommendation concerning the continued need for confidential treatment of closed meeting minutes and audio recordings; includes this recommendation in the packet for the meeting in which the Governing Body will conduct its semi-annual review.

 

This step is in preparation of the meeting to decide whether confidential treatment of specific closed meeting minutes and audio recordings continues to exist.

 

If the Governing Body wants to discuss closed meeting minutes in closed session, places “review of unreleased closed meeting minutes” on a closed meeting agenda.

 

Places “result of Governing Bodies’ review of unreleased closed meeting minutes and audio recordings” on a subsequent open meeting agenda.

In preparation for the semi-annual review: Individual Members of a Governing Body

Before the meetings in which the Governing Body will conduct its semi-annual review, examines the material supplied by the Director.

 

Members should consider: (1) the Director’s recommendation, (2) the recommendation of the attorney representing the Alliance, (3) other Member’s opinions, (4) the minutes themselves, and/or (5) whether the minutes and/or recording, if transcribed, would be exempted from public disclosure under the Illinois Freedom of Information Act. 

 

If germane to their responsibilities and not otherwise provided, individual Members may request from the Director or Chairperson access to unreleased closed meeting minutes and/or an opportunity to listen to verbatim recordings.  The recordings of closed meetings should not be used by Members to confirm or dispute the accuracy of recollections.


 

During the semi-annual review:

The Governing Body

During an open meeting, decides whether the need for confidential treatment of specific closed meeting minutes and verbatim recordings continues to exist [5 ILCS 120/2.06(d)].

 

The Governing Body may have an earlier meeting in closed session to discuss the need for confidential treatment of closed meeting minutes [5 ILCS 120/2(21)].

 

During the semi-annual review, the Governing Body decides in open session whether: “(1) the need for confidentiality still exists as to all or part of closed meeting minutes, or (2) that the minutes or recordings or portions thereof no longer require confidential treatment and are available for public inspection” [5 ILCS 120/2.06(d)].

After the semi-annual review: Director or designee

Re-labels and re-files closed meeting minutes and recordings, as appropriate.

Monthly, beginning July 2005: Chairperson

Adds “destruction of closed meeting audio recording” as an agenda item to an upcoming open meeting [5 ILCS 120/2.06(c)].

Monthly, beginning July 2005: Governing Body

Approves the destruction of particular closed meeting recording(s) that are at least 18 months old and for which approved minutes of the closed meeting already exist [5 ILCS 120/2.06(c)].

LEGAL REF.:        5 ILCS 120/1 et seq.

CROSS REF.:        

ADOPTED:            September 11, 2008


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)     2:220-E2

 

Governing Bodies

 

Exhibit - Motion to Adjourn to Closed Meeting

 

Motion to Adjourn to Closed Meeting

 

Date:                                                   

Time:                                                              

Location:                                                                                                                                

A motion was made by ______________________________________________ , and seconded by ______________________________________________, to adjourn to closed meeting to discuss:

£  The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the Alliance or legal counsel for the Alliance, including hearing testimony on a complaint lodged against an employee or against legal counsel for the Alliance to determine its validity.  5 ILCS 120/2(c)(1).

£  Collective negotiating matters between the Alliance and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.  5 ILCS 120/2(c)(2).

£  The selection of a person to fill a public office, including a vacancy in a public office, when the Alliance is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the Alliance is given power to remove the occupant under law or ordinance.  5 ILCS 120/2(c)(3).

£  Evidence or testimony presented in open hearing, or in closed hearing where authorized by law, to a quasi-adjudicative body, as defined in the Open Meetings Act, provided that the body prepares and makes available for public inspection a written decision with its determinative reasoning.  5 ILCS 120/2(c)(4).

£  The purchase or lease of real property for the use of the Alliance, including meetings held for the purpose of discussing whether a particular parcel should be acquired.  5 ILCS 120/2(c)(5).

£  The setting of a price for sale or lease of property owned by the Alliance.  5 ILCS 120/2(c)(6).

£  The sale or purchase of securities, investments, or investment contracts.  5 ILCS 120/2(c)(7).

£  Security procedures and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property.  5 ILCS 120/2(c)(8).

£  Student disciplinary cases.  5 ILCS 120/2(c)(9).

£  The placement of individual students in special education programs and other matters relating to individual students.  5 ILCS 120/2(c)(10).

£  Litigation, when an action against, affecting or on behalf of the particular Alliance has been filed and is pending before a court or administrative tribunal, or when the Alliance finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the closed meeting minutes.  5 ILCS 120/2(c)(11).

£  The establishment of reserves or settlement of claims as provided in the Local Government and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the Alliance or any intergovernmental risk management association or self insurance pool of which the Alliance is a member.  5 ILCS 120/2(c)(12).

£  Self-evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the Alliance is a member.  5 ILCS 120/2(c)(16).

£  Discussion of minutes of meetings lawfully closed, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.  5 ILCS 120/2(c)(21).

Closed Meeting Roll Call:

Yeas

Nays

Motion:   Carried      Failed


 

LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)     2:220-E3

 

Governing Bodies

 

Exhibit - Closed Meeting Minutes

 

Closed Meeting Minutes

 

Date:                                                   

Time:                                                              

Location:                                                                                                                                

Name of person(s) taking and recording the minutes:                                                             

Name of person presiding:                                                                                                      

Members in attendance:

1.       

2.       

3.       

4.       

5.       

6.       

7.       

Members absent:

1.       

2.       

3.       

Summary of the discussion on all matters:

Time of adjournment or return to open meeting:

 

 

The L.E.A.S.E. Executive Committee, during its semi-annual review of closed session minutes, has decided these minutes no longer need confidential treatment

.

 

  These minutes are available for public inspection as of:____________________________ .

 

                                                                                                                        (Date)

 


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)     2:220-E4

 

Governing Bodies

 

Exhibit - Open Meeting Minutes

 

Meeting Minutes Protocol

 

1.      Meeting minutes are the permanent record of the proceedings during a School Board meeting.  All Board action must be recorded in the minutes; thus, the minutes focus on Board action.

 

2.      The minutes only include information provided at the meeting.  Information may not be corrected or updated in the minutes unless it was discussed at the meeting.

 

3.      Minutes include a summary of the Board’s discussion on an agenda topic; the minutes do not state what is said verbatim.  The minutes do not repeat the same point made by different individuals.  If appropriate, the minutes include a brief background and an explanation of the circumstances surrounding an issue discussed.  The minutes do not include the names of members making specific points during discussion.  Requests from individual Board members to include their vote or an opinion are handled according to Board policy 2:220, School Board Meeting Procedure.

 

4.      The minutes include the topic of reports that are made to the Board including reports from the Director or a Board committee.  Written reports are filed with the minutes but do not become part of the minutes.

 

5.      The minutes note when a member is not present for the entire meeting due to late arrival and/or early departure.

 

6.      Although items may be considered by the Board in a different order than appeared on the agenda, items in the minutes are generally recorded in the same order as they appeared on the agenda.  When a meeting is reconvened on a different date, the minutes must describe what happened on each meeting date.

 

7.      The minutes should be recorded in an objective but positive/constructive tone.  Answers and explanations, rather than questions, are recorded.  Writing style, including choice of words and sentence structure, is at the discretion of the individual recording the minutes.

 

8.      The minutes include individuals’ names who speak during the meeting’s public participation segment as well as the topics they address.  All written documents presented at a Board meeting are filed with the minutes but do not become part of the minutes.

9.      The following template generally governs meeting minutes.

 

Open Meeting Minutes

Date:                                                   

Time:                                                              

Location:                                                                                                                                

Type of meeting:    Regular       Special       Reconvened or rescheduled      Emergency

Name of person taking the minutes:                                                                                       

Name of person presiding:                                                                                                      


 

Members in attendance:

1.       

2.       

3.       

4.       

5.       

6.       

7.       

Members absent:

1.

2.

3.

 

Approval of Agenda

List any items removed from the consent agenda:

 

Motion made by:                                                                                                                    

Motion:                         To approve

                         To add items as follows: (No action may be taken on new agenda items.)

 

Motion seconded by:_____________________________________________________________

Action:              Passed         Failed

Approval of Previous Meeting Minutes (Needed only if this item is not on the consent agenda.)

Minutes from the Board meeting held on:                                                                               

Motion made by:                                                                                                                    

Motion:                         To approve

                         To approve subject to incorporation of the following amendment(s):

 

Motion seconded by:_____________________________________________________________

Action:              Passed         Failed

Approval of Items on Consent Agenda (Delete if the Board does not use a consent agenda.)

Summary of discussion:

 

Motion to approve the consent agenda made by:                                                                                

Motion seconded by:_____________________________________________________________

Roll Call: (Needed when consent agenda contains an item involving the expenditure of money.)

Yeas

Nays

Action:              Passed         Failed

Public Comments (Reproduce this section for each individual making a comment.)

The following individual appeared and commented on the topic noted below: (Include the title of any documents presented to the Board.)

Name:                                                                                                                                     

Topic:

Remaining Agenda Items (Reproduce this section for each agenda item.)

Agenda item:

Summary of discussion:

 

Motion made by:                                                                                                                    

Motion to:

Motion seconded by:_____________________________________________________________

Action:              Passed         Failed


 

(If a roll call vote occurred, record the vote of individual Board members.)

Yeas

Nays

If Applicable, Approval of Motion to Adjourn to Closed Meeting (Insert 2:220-E2, Motion to Adjourn to Closed Meeting.)

Approval of Motion to Adjourn

Motion to adjourn made by:                                                                                                   

Motion seconded by:______________________________________________________________

Action:              Passed         Failed

Time of adjournment:                                                                                                             

Post-Meeting Action

Date minutes approved:                                                                                                                      

Date minutes were available for public inspection:                                                                 

Date minutes were posted on Alliance website:                                                                                  

 


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)     2:220-E5

 

Governing Bodies

 

Exhibit - Semi-Annual Review of Closed Meeting Minutes

 

Logging and Review Process

 

Step 1.   The Board Secretary or Recording Secretary maintains a log of the closed meeting minutes that are unavailable for public inspection.  The meeting minutes are logged according to the reason the Board held the closed meeting. 2:220-E6, Log of Closed Meeting Minutes.

 

Step 2.   The Board meets in closed session to review the log of unreleased closed meeting minutes.  The Board or Recording Secretary brings a copy of all unreleased closed meeting minutes and, if requested, allows Board members to review the actual minutes.  The Board identifies which closed meeting minutes or portions thereof no longer need confidential treatment.  Use Report Following the Board’s Semi-Annual Review of Closed Meeting Minutes, below.

 

Step 3.   At least semi-annually in an open meeting, the Board takes action to release for public inspection those minutes, or portions thereof, no longer needing confidential treatment.  Use Action to Accept, below.  Closed meeting minutes will not be released for public inspection if confidential treatment is needed to protect the public interest or the privacy of an individual, including:  (1) student disciplinary cases or other matters relating to an individual student, and (2) personnel files and employees’ and Board members’ personal information.

 

Step 4.   The Board or Recording Secretary:  (1) updates the log of unreleased closed meeting minutes to remove any minutes that the Board made available for public inspection; (2) makes a notation on any applicable closed meeting minutes of the Board’s action to release it or a portion of it for public inspection; and (3) continues to log new closed meeting minutes that the Board has not released for public inspection.  2:220-E6, Log of Closed Meeting Minutes.

 

Report Following the Board’s Semi-Annual Review of Closed Meeting Minutes

 

The School Board met on __________________ in closed session to conduct its semi-annual review of closed meeting minutes that have not been released for public inspection.

 

The closed meeting minutes, or portions thereof, from the following dates no longer require confidential treatment: (insert closed meeting dates)

 

 

 

 

 

 

 

 

 

 

 

 

The need for confidentiality still exists as to all remaining closed meeting minutes to protect an individual’s privacy or the Alliance’s interests.

 

Action to Accept the Board’s Semi-Annual Review of Closed Meeting Minutes

Open meeting date:                                                     

Motion to approve the Board’s semi-annual review of unreleased closed meeting minutes and to release for public inspection those minutes, or portions thereof, that the Board identified as no longer needing confidential treatment made by:                                                                                        

Motion seconded by:                                                                                                             

Action:              Passed         Failed

 


LaSalle/Putnam County Educational Alliance for Special Education (L.E.A.S.E.)     2:220-E6

 

Governing Bodies

 

Exhibit - Log of Closed Meeting Minutes

 

The purpose of this log is to facilitate the Board’s semi-annual review of closed meeting minutes.  See 2:220-E5, Semi-Annual Review of Closed Meeting Minutes.

 

The Board Secretary or Recording Secretary shall maintain a list of closed meeting minutes, arranged according to the reason for the closed meeting, that have not been released for public inspection.

 

Closed Session Held to Discuss:

Dates of Closed Sessions

Specific employee(s) or Alliance legal counsel. 5 ILCS 120/2(c)(1).

 

 

 

 

 

 

 

 

 

Collective negotiating matters or deliberations concerning salary schedules for one or more classes of employees.

5 ILCS 120/2(c)(2).