|
made, and reported in an open session that
(1) the need for |
confidentiality still exists as to all or part of those
minutes |
or (2) that the minutes or recordings or portions thereof no
|
longer require
confidential
treatment and are available for |
public inspection.
|
(e) Unless the public body has made a determination that |
the verbatim
recording no longer requires confidential |
treatment or otherwise consents to
disclosure, the verbatim |
record of a meeting closed to the public shall not be
open for |
public inspection or subject to discovery in any administrative
|
or judicial proceeding other than one brought to enforce this |
Act. In the case of a civil
action brought to enforce this Act, |
the court , if the judge believes such an examination is |
necessary, must
may conduct such in camera
examination of the |
verbatim record as it finds appropriate in order to
determine |
whether there has been a violation of this Act. In the case of |
a
criminal proceeding, the court may conduct an in camera
|
examination in order to
determine what portions, if any, must |
be made available to the parties for use
as evidence in the |
prosecution. Any such initial inspection must be held in |
camera. If the court or administrative hearing officer
|
determines that a complaint or suit brought for noncompliance |
under this Act
is valid it may, for the purposes of discovery, |
redact from the minutes of the
meeting closed to the public any |
information deemed to qualify under the
attorney-client |
privilege. The provisions of this subsection do not supersede
|
the privacy or confidentiality provisions of State or federal |
law.
|
(f) Minutes of meetings closed to the public shall be |
available only after
the public body determines that it is no |
longer necessary to protect the public
interest or the privacy |
of an individual by keeping them confidential.
|
(Source: P.A. 93-523, eff. 1-1-04.)
|