Meetings Can’t live with them, Can’t live with them, Can’t live without them!

Meetings should: Accomplish the business of the SWCD efficiently and effectively Comply with the Illinois Open Meetings Act

What is the business of the SWCD?

Illinois Soil and Water Conservation District Act – Declaration of Policy ► Conservation of the soil, soil resources, water and water resources. ► Control and prevention of soil erosion. ► Prevention of air and water pollution. ► Prevention of erosion, floodwater, sediment damages.

Thereby - ► Conserve natural resources ► Control floods ► Prevent impairment of dams, reservoirs ► Maintain navigability of rivers, harbors ► Conserve wildlife, forests ► Protect the tax base ► Protect and promote the health, safety and general welfare

How do we do all that?

Board members – Duty #1 ► Duty of care – Act as an ordinary prudent person would in a like circumstance. This requires diligent, attentive, and informed participation

Board members – Duty #2 ► Duty of Loyalty – Act in good faith, in the best interest of the SWCD

Board members – Duty #3 ► Duty of Compliance – Act to ensure the SWCD operates in keeping with the laws and rules governing its formation and status as a public body.

All boards have 8 functions ► Planning ► Program ► Human Resources ► Information Mgt ► Finances ► Financial Development ► Marketing ► Board affairs

Meetings ► The SWCD board meetings should be used to ensure that: ► The SWCD is meeting it’s legal requirements, and ► meeting their responsibilities in carrying out the 8 functions

Board affairs function - ► Includes roles and responsibilities, functions, relationship with staff, and organization of the board:  Defining the board  Ensuring continuity of the board  Evaluating the effectiveness and efficiency of the board and taking actions to improve them

Organizing for Effectiveness and Efficiency ► SWCD boards have 5 members. ► Chairman is elected from the directors, loses no voting privileges. ► SWCD board may appoint associate directors, associate directors have NO voting privileges.

Board members ► ONLY criteria is that they be landowners, occupiers in the SWCD and of legal voting age. ► Nominating committees CAN look for board members based on knowledge of SWCD functions, geography, talent, attendance, etc.

Board officers - Chairman ► Only chairman is specified in SWCD Act.  Symbol of the board  Spokesperson of the board  Presides of board meetings  Serves and leads the directors  Acts as major contact for inside leaders  Motivates and holds other directors accountable  Principle supervisory contact for staff

Board members – Vice Chair ► Takes over chair functions in the event of absence, incapacity, or death. ► May be assigned other specific functions by the chair.

Board members - Secretary ► Cares for and keeps records, seal, minutes. ► Takes responsibility for the taking of minutes at all meetings of the SWCD board.

Board members - Treasurer ► Custodian, disbursing, and accounting agent for SWCD funds ► Disburses only as authorized by the board ► Oversees personnel who perform accounting functions ► Analyzing ongoing fiscal reports ► Links the board to financial records ► Reports to the board on compliances

Work Groups Standing Committees Ad Hoc or special committees Sub-committees Task Forces Individual assignments

When should you form a work group? ► Can the whole board accomplish this task? ► Is it an ongoing function or temporary? ► What is the simplest group to accomplish this task? ► What is the most effective group to accomplish this task? ► What is the most efficient group to accomplish this task.

GovLeaders.org says: Golden rule #1 – Run your meeting as you would have others run the meetings you attend. ► If you are not running the meeting, participate like you would like others to participate if you were running the meeting

Golden rule #2-Be prepared ► He/she who runs the meeting and the participants should be prepared  Develop a great agenda ► Make it as specific as possible ► Denote items that require board action ► Include all background information

Golden rule #3-Stick to a schedule ► SWCD boards should review their regular meeting dates and times. ► Meetings should start on time. The agenda may include estimated times for each topic to keep things on schedule.

Golden rule #4-Stay on topic There are times when you are talking about one thing, a different, great idea comes up. If it can wait, note it, and come back to it later. There are times when you are talking about one thing, a different, great idea comes up. If it can wait, note it, and come back to it later. ► If you’re running the meeting, cut off unnecessary discussion, if you are a participant, don’t digress

Golden rule #5-don’t hold unnecessary meetings ► SWCDs need to meet regularly to meet their legal and financial requirements. ► Meetings with a “light” agenda may be used to discuss future programs, get a jump on budget, what’s next for the SWCD?

Golden rule #6-Wrap up meetings with a clear statement of the next steps ► Before your meeting adjourns, restate any assignments, who is to do them, and by when. ► For example, “Treasurer Joe, you will go to the bank and see if you can arrange a better interest rate by next meeting.”

#1 SWCD board meeting issue? Director attendance What can you do?

► Check to see if a different date or time would help attendance ► Prepare more specific, action oriented agendas ► Make attendance a criteria for re- nomination ► Visit with the person to explain how important it is to the SWCD that ALL the directors participate. ► Check to see if the person really wants to remain a director ► Assign the director specific tasks

What you can’t do ► You can not remove a director unless they are no longer eligible- no longer a landowner or occupier ► You can not adopt an attendance policy that includes removing a director.

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

…and …and ► SWCD business should be conducted in a manner that is open and accessible to the public ► Public meetings, with appropriate advanced notice, agendas, and minutes help do that

Now your SWCD board is organized and ready to do business Your SWCD board must comply with the Illinois Open Meetings Act

Why? Why? ► Soil and Water Conservation Districts are units of government. ► You are required to comply with the Illinois Open Meetings Act. Illinois Open Meetings Act.

Illinois Open Meetings Act 5 ILCS120 ► “it is the public policy of this State that public bodies exist to aid in the conduct of the people’s business and that the people have a right to be informed as to the conduct of their business”

How? How? ► Keep meetings as open as possible. ► Provide advanced notice to the public so they have the opportunity to opportunity to participate. participate.

All SWCD board and committee meetings ► All SWCD meetings are to be open to the public. This includes committee meetings! ► If you close a meeting, it has to be for very limited, specific reasons, and ► And, you must close the meeting according to specific procedures.

Meeting: ► is defined as “any gathering of a majority of a quorum of the members of the pubic body held for the purpose of discussing public business. ► For SWCD boards, three directors must be present to have a board meeting.

Public notice of Open and Closed Meetings ► Public notice MUST be given for ALL meetings, whether open or closed. [remember the definition of “meeting” that includes committees, subcommittees, special meetings (excluding bonifide emergency meetings,) or any reconvened meeting.]

Anything else? ► “Every public body shall give public notice of the schedule of regular meetings at the beginning of each calendar year and shall state the regular dates, times, and places of such meetings.” ► Some newspapers request this information. If you provide them with the list and change a meeting, you HAVE to notify them of the change.

Where? ► Public notice is given “by posting a copy of the notice at the principal office of the body holding the meeting or, if no such office exists, at the building in which the meeting is to be held. ► The agenda must be posted 48 hours in advance at the principle office AND where the meeting will be held

More about Agendas ► The Act provides that this requirement “shall not preclude the consideration of items not specifically set forth in the [regular meeting] agenda. (You can discuss a topic not on the agenda but you can’t take any action.)

Recording Open Meetings ► Anyone can come to an open meeting and record it:  In writing  On audio tape  On video tape  Any other means “the authority holding the meeting shall prescribe reasonable rules to govern the right to make such recordings”

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

Included in minutes: ► The date, time, and place of the meeting, ► The members of the public body recorded as either present or absent, and ► A summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes taken.

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

Closing a meeting ► There are ONLY 24 exceptions to the Open Meetings Act – Most do NOT apply to SWCDs. ► If you have a closed meeting, the subject MUST be one of the 24 exceptions. ► You can’t talk about other topics during that meeting.

Closing Procedure ► You have to be in a meeting open to the public to go into a meeting closed to the public. ► There needs to be a motion, second, and roll call vote to go in to a meeting closed to the public.

continued ► The motion needs to include the exact exemption for a meeting closed to the public. ► A roll call vote of a majority of the quorum must vote in favor of going into a closed session. ► It all must be recorded in the minutes.

Minutes of Closed Meetings ► Minutes must be kept of all closed meetings ► “All public bodies shall keep *** a verbatim record of all their closed meetings in the form of an audio or video recording.” ► 5ILCS120/2.06

What to do with recordings ► The recording may be kept confidential and may be destroyed no less than 18 months after completion of the recorded meeting. ► A particular recording may be destroyed only after the public body approves its destruction and approves minutes of the closed meeting that meet the requirements applicable to the minutes of an open meeting.

Enforcement ► Any person including the State’s Attorney of the county may bring civil action. ► Violation of the Act is a criminal offense, a Class C misdemeanor, punishable by a fine of up to $1,500 and imprisonment for up to 30 days.

Don’t try to remember everything! Don’t try to remember everything! ► You should have a copy of the Guide to the Illinois Open Meetings Act ► It’s available online: ► Keep it handy ► For specific questions contact the attorney general office or the AISWCD legal counsel

Need help? Contact your Regional Representative Region 5 Representative: Angela Kazakevicius