Police Pension Packet 2011 05-10-11 Yorkville Police Pension Fund Board
804 Game Farm Road
Yorkville, I160560
(630) 553-4340
5:OOPM on May 10, 2011
Police Department Conference Room
AGENDA
Meeting Call to Order:
Roll Call:
Previous Meeting Minutes: February 08, 2011
Communications:
Letter indicating the new partnership of Collins & Radja between Cary J. Collins and Thorns R. Radja, Jr.
located at: 1710 White Oak Lane, Hoffinan Estates, IL 60192
(847) 519-0010 Fax: (847) 519-0016
Monthly Treasurer's Report: as of April 30, 2011
Annual Treasurer's Report for Fiscal Year 2010-2011
Annual Pension Board Budget
Required Report to the Municipality by the Pension Board
Bills for Payment:
Cary Collins: Attorney $ 750.00
MVT Management Fee: (Apr-June 2011) $ 4,610.00
From Schwab Acct: 3137-9036
Zabinski Consulting Services Inc $ 850.00
William Powell $ 337.50
Wolf and Co. (Accounting) $ 2,250.00
Tim Sharp (Actuary) $ 1,500.00
Total Bills for Payment: $10,297.50
Investments:
Progress Reports from Mitchell, Vaught, and Taylor
Money transfers from YNB to Charles Schwab & Co
Pay to: Charles Schwab & Co.
Mail to: Institutional Client Service Group
P. O. Box 628290
Orlando, Fl 32862-9906
Unfinished Business:
Status of IDOI Filing
Retirement of Sergeant Barry Groesch: Retired 2/15/11 Pension 2/16/11
Lt. Don Schwartzkopf military service time buyback
Police Pension Fund Board
May 10, 2011
Page 2
New Business:
Election of Active Board Members
Election of Retired Board Members
Appointment of Board Members
Election of Board Officers
Additional Business:
Records retention guidelines
Next meeting: Aug 09, 2011
Motion to Adjourn:
Year 2011 Meeting Dates: Feb 08, May 10, Aug 09, Nov 08
Yorkville Police Pension Fund Board
804 Game Farm Road
Yorkville, IL 60560 p
(630) 553-4340 d
5.00PM on February 08 2011
Police Department Conference Room
Minutes
Attachments:
Meeting Minutes for November 09, 2010
Monthly Treasurer's Report as of January 31, 2011
Bills for Payment
Senate Bill 3538 Synopsis provided by Attorney Cary Collins
Actuarial Report April 30, 2010
----------------------------------------------------------------------------------------------------------
Meeting Call to Order: By Vice-President Hart 5:15 p.m.
Roll Call: Present: Mr. Mikolasek, Chief Hart, Mr. Sibenaller, Mr. Powell
Guests: Larry DeBord, Dwight Ower, Bill Yocius of MVT, Atty. Cary Collins,
Barry Groesch
Previous Meeting Minutes: November 09, 2010
Corrections/Approval: There were no corrections to the minutes.
Motion to Approve: Mr. Sibenaller, 2nd. Mr. Mikolasek Ayes 3 Nays 0
Communications: Transferrred $200,000.00 to MVT from YNB account on November 20,
2010.
Monthly Treasurer's Report: as of January 31, 2011
Total Assets as of Jan 31, 2011: $451049166.29
Motion to Approve: Mr. Sibenaller 2nd Mr. Mikolasek Ayes 3 Nam
Raise YNB minimum balance to $75,000 due to new retiree Barry Groesch
Motion to Approve: Chief Hart 2 nd Mr. Sibenaller Ayes 3 Nam
Bills for Payment:
Cary Collins: Attorney $100.00
MVT Management Fee: (Jan— Mar 2011) $4520.00
From Schwab Acct: 3137-9036
IPPAC Membership Fee $250.00
Todd Overmyer Seminar Reimbursement $313.08
William Powell $125.00
Total Bills for Payment: $5308.08
Discussion of Memorandum from Law Offices of Cary Collins
Cary Collins requests 10-day notice of pension board meeting rescheduling and an
increase in fees from $650.00 to $750.00 beginning January 01, 2011.
Motion to Approve: Mr. Sibenaller, 2nd. Mr. Mikolasek Ayes 3 Nays 0
Investments:
Progress Reports from Mitchell, Vaught, and Taylor
Money transfers from YNB to Charles Schwab & Co
Pay to: Charles Schwab & Co.
Mail to: Institutional Client Service Group
P. O. Box 628290
Orlando, Fl 32862-9906
Discussion on changing the Yorkville Police Pension Fund investment policy to reflect
changes in pension law.
Cary Collins suggested a change be made in the investment policy to allow MVT to
invest in corporate bonds that are domestic and rated A or higher up to 10% of the
portfolio value.
Resolution made to change investment policy to allow investment in corporate bonds
Motion to Approve: Chief Hart 2nd Mr. Sibenaller Ayes 3 Nays 0
Motion to approve transactions and trades: Chief Hart 2nd Mr. Sibenaller Ayes 3 Nays 0
Unfinished Business:
House Bill 4603: Creditable Service: Buyback Letters for file. Officer Mikolasek completed.
All forms acquired from Law Offices of Cary Collins.
New Business:
Discussion of Sen. Franks bill to diminish current pensioners benefits.
Discussion of Senate Bill 3538 —Attorney Cary Collins
If any new police employees have prior government service, board may have to
determine whether new employee is under new or old pension system.
All new employees under new pension system will have to have files kept separate from
employees under old pension system.
City is not supposed to make direct payments to pension fund from tax monies.
Payments are supposed to be made through State Treasury.
Sergeant Barry Groesch retirement.
Motion to Approve monthly retirement payments of$4530.50 to Barry Groesch beginning
February 16, 2011: Chief Hart 2nd Mr. Sibenaller Ayes 3 Nays 0
Additional Business:
Discussion of the April 30, 2010 actuarial report.
Must be 90% funded by 2040.
Suggestion by Attorney Cary Collins that a letter be sent to United City of Yorkville
requesting that future contributions to pension fund be made in amount required in
actuarial report.
Request by Rich Hart, Don Schwartzkopf, Ray Mikolasek, Tom Grimes, and Dan Pleckham
for calculation of military service buyback.
Applications to be obtained from Cary Collins and calculations to be done by Tim Sharp.
Request by Don Shwartzkopf to add new spouse as pension beneficiary.
New spouse automaticllay added as beneficiary. Copy of marriage certificate to be added
employee file.
Next meeting: May 09, 2011 at 5:OOPM
Motion to Adjourn: Mr. Sibenaller 2nd. Mr Mikolasek Ayes 3 Nays 0
Adjournment at 6:15 p.m.
United City of Yorkville
J� 800 Game Frame Road
Yorkville,Illinois 60560
EST. ` 1 1836 Phone 630-553-1887 William Powell
^�
p Fax: 630-553-7575 Treasurer
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Treasurer's Report
.(As of April 3 0, 2011)
Dollars Percent
Cash: YNB (1) 24,236.36
Schwab 67,384.00
Total Cash: $91,620.36 2.2%
Schwab:
Fixed Securities: 2,195,133.00 52.2%
Equities: (2) 1,930,869.00 45.6%
Total Assets: $ 4,217,622.36 100.0%
Estimated monthly Contributions: $13,000.00
Estimated monthly retiree payments: $28,000.00
William Powell
Treasurer
United City of Yorkville File:T Report 043011.doc
(1) The board has established a$60,000.00 minimum balance
(2) The maximum equity percent is 45 %by statue
To: Police Pension Board
City Council
Subject:Police Pension Activity for Fiscal Year May 1, 2010 to April 30, 2011
(As required by Illinois State Statue 40 ILCS 5/3- 141)
Fiscal 2009-10 Fiscal 2010-11 Fiscal 2010-11 Fiscal 2011-12
Actual (4/30) Estimated Actual (4/30) Estimated
Balance as of May 1: 2740233.35 N/A 3645473.42 N/A
Contributions:
Employees: 201,873.51 200,000.00 177,483.48 170000
IMRF Transfers 0 0 0 0
Tax Levy: 323,203.26 325,000.00 336,074.89 375000
Investment Income:
Total Contributions: 525164.77 525000.00 513558.37 545000.00
ExpensesPaid:
Contribution Refunds 0.00 33674.27 33674.27 0
Supplies: 0.00 100.00 0.00 0
Legal Fees: 2600.00 2600.00 2050.00 3000
Accounting/Minutes 1412.50 1000.00 1125.00 1200
Audit Fees: 4030.00 3500.00 0.00 2250
IDOI Filing Fees: 1300.00 1600.00 3225.00 3000
Actuarial Fees: 1500.00 1500.00 1500.00 1500
Investment Fees: 17104.00 19000.00 17284.00 19000
Board Training 100.00 2000.00 1081.42 1,000.00
IDOI Compliance Fees 526.31 600.00 551.82 600
IPPAC Membership 0.00 0.00 250.00 250
Retirement Payments 112579.92 275000.00 300527.96 336000
Total Expenses 141152.73 340574.27 361269.47 367800
Fiscal Year End Balancf 3645473.42 4,217,622.00
Submitted by:
William Powell: Treasurer
President file: Annual T Rpt 43011.x1s
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REQUIRED REPORTING TO MUNICIPALITY BY PENSION BOARD
As of 4/30/2011 fiscal year end
(40 ILCS 5/3143) (from Ch. 108 1/2, par. 3143)
Sec. 3143. Report by pension board.
The pension board shall report annually to the city council or
board of trustees of the municipality on the condition of the
pension fund at the end of its most recently completed fiscal
year. The report shall be made prior to the council or board
meeting held for the levying of taxes for the year for which the
report is made.
1. Total Assets (cost): $3,643,355
Total Assets (market value): $3,643,355
2. Estimated receipts during the next succeeding fiscal year from:
Participant Contributions deducted from payroll $201,924
All other sources $323,291
3. Estimated amount required during the next succeeding fiscal year to:
(a)pay all pensions and other obligations provided in this Article $321,178
(b) meet the annual requirements of the fund as provided in
Sections 3-125 and 3-127; Funding Requirement $496,952
4. Total Net Income received from investment of net assets: $520,152
Assumed Investment Return: 7.50%
Actual Investment Return: 17.69%
Total Net Income received from investment of net assets (fye 4/30/2010): $225,010
Assumed Investment Return (fye 4/30/2010): 7.50%
Actual Investment Return (fye 4/30/2010) -8.01%
5. Total number of Active Employees that are financially contributing to the fund: 27
6. Disbursements to:
(i) Annuitants in receipt of a regular retirement pension 3
Total number of annuitants: 3
Total amount that was disbursed in benefits: 220066
(ii) Recipients being paid a disability pension
Total number of annuitants 0
Total amount that was disbursed in benefits 0
(iii) Survivors and children in receipt of benefits
Total number of annuitants: 0
Total amount that was disbursed in benefits: 0
7.Funded ratio of the fund 38.3%
8. Unfunded Liability $5,866,440
9. Investment Policy of the pension board under the statutory investment
restrictions imposed on the fund. See attachment.
Certification
I, Todd Overmyer, President of the Police Pension Board, United City of
Yorkville, Kendall County, Illinois, do hereby certify that this document is a true
and correct copy of: "Required Reporting to Municipality By Pension Board" as
outlined in 40 ILCS 5/3143.
Witness my hand this 10th day of May 2011.
Todd Overmyer
President of United City of Yorkville Police Pension Board
MEMO
Date: November 12, 2008
To: Mayor Burd and the Yorkville City Council
From: William Powell, Treasurer
cc: Police Pension Board
Susan Mika, Finance Director
Subject: Required Reporting to Municipality By Pension Board
I have completed the attached"Required Report" which includes Larry Debord's
certification. Below are two remaining clauses of this statute that are directed to
the municipality. My comments are included for your consideration.
40 ILCS 5/3143 (a)Report by pension board
Before the pension board makes its report, the municipality shall have the assets
of the fund and their current market value verified by an independent certified
public accountant of its choice.
Wolf& Company provides the auditing services to both the City and Pension
Board; therefore, it is not necessary to seek additional verification by another
independent certified public accountant.
40 ILCS 5/3143 (b)
Publication:
The municipality is authorized to publish the report submitted under 40 ILCS 5/3-
143. This publication may be made, without limitation,by publication in a local
newspaper of general circulation in the municipality or by publication on the
municipality's internet website. If the municipality publishes the report, then that
publication must include all of the information submitted by the pension board
under 40 ILCS 5/3143 (a)1-9.
The City reserves the right to publish; however, this is an unnecessary cost and I
recommend no report publication at this time.
ATTORNEYS AT I.AW
1710 White Oak Lane,Hoffman Estates,IL 60192
(847)519-0010 ■fax(847)519-0016
www.collinsradia.com
Available by Appointment Writer's Direct
111 W.Washington,Suite 751 Cell:847-707-0328
Chicago,IL 60602 cicollins4@-,iol.com
March 1,2011
Yorkville Police Pension Board
Re: New Partnership with Thomas S.Radja,Jr.
I would like to take this opportunity to advise you of a new partnership arrangement that I have embarked
upon which I believe will be to the advantage of every pension board and client that I represent. Effective
February 1,2011,Thomas S.Radja,Jr. and I have formed a business partnership. 1 will still attend your
pension meetings and be available for pension questions as I have done for your boards for many years.
However, Tom will be working with me so that you will have another knowledgeable attorney to assist
you in the event that I am not available. I plan on providing the same quality of legal service and believe
this partnership will add even more benefits to you as a client.
I am also moving my office out of my current Hoffinan Estates location.My main telephone number will
not change. I will keep the 847-519-0014 number and as you know,you can reach me on my cell phone
at 847-707-0328 or by e-mail at cicollins4@aol.com. For mailing purposes,please forward any mail or
Federal Express packages,etc.to my new office: 1710 White Oak Lane,Hoffman Estates,IL 60192—as
I will be primarily working out of this office and coordinating files from there. Tom and I will be sharing
office space with two other attorneys in Chicago(111 W. Washington,Suite 751,Chicago IL 60602)with
the hope that we can broaden the experience and services that we can provide to you and other clients. In
the past, while I represented pension boards exclusively, our new firm will be available to work with
clients in other areas of law including various benefit issues,worker's compensation, termination issues
and labor representation. Tom has experience in all of these matters. Please check our new website
collinsradja.com.
As always,we appreciate the confidence you have placed in us in entrusting your business to our firm and
look forward to future representation. If you have any question,please do not hesitate to contact us.
i crely,
Cary J. 6 1
Attorn y t a
Law Offices of Cary J. Collins, P.C. Invoice
2200 West Higgins Road Suite 155
Hoffman Estates, IL 60169 Date Invoice#
Telephone 847-519-0010 Fax 847-519-0016 3/15/2011 5505
Bill To
Yorkville Police Pension Board
Atten:Bill Powell
804 Game Farm Road
Yorkville IL 60560
Terms
Due on receipt
Description Amount
Quarterly retainer for the months of: 750.00
APRIL,MAY AND JUNE,2011
Total $750.00
Please make checks payable to the LAW OFFICES OF CARY J.COLLINS payments/Credits
$0.00
Balance Due $750.00
Mitchell,
Vaught
O'Taylor Inc.
Investment advisors
53 W.Jackson Suite 905
Chicago,IL 60604
312-922-1717 phone
312-922-1772 fax
April 4,2011
Statement for Second Quarter 2011
For Services Rendered
To: Yorkville Police Pension Fund
800 Game Farm Road
Yorkville,IL 60560
Investment Management Fee
Second Quarter 2011
April 1,2011 through June 30,2011
March 31,2011 Portfolio Value: $4,110,059.40
Quarterly Fee
First$2 Million at 0.50% _ $2,500.00
Next$3 Million at 0.40% _ $2,110.06
Total Fee: $4,610
Allocate bill to individuals within group:
Name Acct.Number Portfolio Value Bill Amount
Yorkville Police Bonds 3137-9036 $2,213,527.59 $2,483
Yorkville Police Equities 3139-4036 $1,896,531.81 $2,127
Account 3137-9036 at Charles Schwab&Co.,Inc.has been charged$4,610. Charles Schwab&Co.,Inc.,
as custodian,makes no independent verification of the calculation of the billing amount,
which is the client's reponsibility.
/ . Invoice
Zabinski Consulting Services, Inc.
✓ L`/ �P.O. Box 6534
Aurora, IL 60598-6534 Invoice#: 1028
Invoice Date: 4/25/2011
Due Date: 5/25/2011
Bill To:
Yorkville Police Pension Fund
Attn: Mr.William Powell
804 Gamefarm Road
Yorkville, IL 60560
Description Amount
Quarterly Accounting Services for August, September and October 425.00
Quarterly Accounting Services for November, December and January 2011 425.00
Total $850.00
Phone# Payments/Credits $0.00
(630)939-7668 Balance Due $850.00
Police Pension Accounting Services Lo
Provided by William Powell
Date
ActMty Hours
12/15/2011 Research for 2010 1099 data 1.0
1/1/2011 Research for Groesch Pension Calculations 1.0
2/3/2011 Bills,Bank Stmt's,Employee Contribution Letters 3.0
2/8/2011 Payment:Check# 5.0 hrs X$25/hr=$125.00 5.0
04/15/11 Emails,Starting IDOI Research 2.0
04/27/1 1 A enda,Emails,Bills for Pa mt,Misc 2.0
05/01/11 Employee Data Ent f/Feb,Mar,Apr,Download Apr Schwab,Old 2nd Stmts 2.0
Download several emails from Rachael
05/02/11 Prep are Quarterly&Annual Treasurer's Reports 2.5
05/03/11 Fiscal 10-11,11-12 Budget,Required Muni Report 3.0
######### Em to ee Contribution Letters,Board Meeting Pre ,Send Emails to Kelly Z 2.0
Total for Payment 13.5 hours X$251 hr=337.50
Agenda,Meeting Mintues
Employee contributions,YNB Bank,Merrill Lynch data entry
Quarterly member contributions letters
State of Illinois internet filing for fiscal year.end
file:Police Pension Time Log.xls
United City of Yorkville
800 Game Farm Rd
Yorkville, IL 60560
630-553-4350
YORKVILLE POLICE PENSION FUND I%V0 1 C E
804 GAME FARM RD
YORKVILLE 1L 60560- Invoice Date: 02/24/2011
Invoice#: 20110019
Invoice Amt: $2,250.00
Customer* YORKPDPN
Due Date: 03/26/2011
DESCRIPTION HRSIQTY COST/UNIT AMOUNT
WOLF & COMPANY INVOICE #89565 1.00 $2,250.00 $2,250.00
r! t, SUB-'DOTAL: $2,250.00
TAX: $100
; AMT. PAID: $.00
,# 1,NT-O:'CE TOTAL: _- $2,250.00
Wc
PLEASE MAKES CHECKS PAYABLE TO THE UNITED CITY OF YORKVILLE.
1% MONTLY INTEREST AFTER DUE DATE
UNITED CITY OF YORKVILLE INVOICE DATE: 02/24/2011 INVOICE #: 20110019
Amy Simmons,Accounting Clerk
Phone:630-553-8571 Fax: 630-553-7575
asimmons @yorkville.il.us
Printed with FinePrint- purchase at www.fineprint.com
o f&Company LLP �
! A Wolf Financial Group Member
t•erti/i�°r1 Pr[<<fir�t#cc•r1un1.•rr2lzr
UNITED CITY OF YORKVILLE
800 GAME FARM ROAD
YORKVILLE, IL 60560
Invoice No. 89565
Date: Thursday, February 17, 2011
Client No. 47541
PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR REMITTANCE
Professional services rendered re:
Final billing for audit work related to police pension
per engagement letter $ 2,250.00
Final billing for TIF reports and related audits (3) 2,700.00
Final billing for audit for April 30, 2010 3,000.00
NET 30 DAYS
Interest is charged on all balances over 30 days at an annual rate of 18%
1901 S.Ihieyers Road,Suite 500 Oakbrook Terrace,Illinois 60181.5209
630.545.4500 main a 630.574.7818 fax *vmwwolfcpa.com
Timothy W. Sharpe
Actuary
1816 Allen Drive
4 Geneva,Illinois 60134
(630)262-0600
TWSActuary @aol.com
February 22,2011
Mr. William Powell
City of Yorkville
804 Game Faun Road
Yorkville,IL 60560
Re: Invoice for Services Rendered During October through February
Completion of May 1,2010 Actuarial Valuation for
the City of Yorkville Police Pension Fund;
6 Completion of Benefit Statements for Police Officers $�
i
S
Managing Records Under T Illinois
Local Records Act
BY BRIAN DAY, STAFF ATTORNEY; ASHLEY NIEBUR, STAFF ATTORNEY; AND JERRY ZARLEY, LEGAL ANALYST
The Local Records Act governs the way that a municipality R E C D RD K E E P I N G GENERALLY
must maintain its public records.'The Act defines which
records qualify as"public records,"it sets procedures for the The Local Records Act contains a general requirement with
disposition and destruction of records,and it contains a number respect to recordkeeping.Under the statute,all public records
of other provisions concerning the use of records.It is made or received by,or under the authority of,or coming into
important that municipalities be familiar with the requirements the custody,control,or possession of any officer or agency may
and provisions of this statute in order to avoid the improper not be mutilated,destroyed,transferred,removed,or otherwise
destruction of records and to help promote efficiency in damaged or disposed of,in whole or in part,except as provided
municipal recordkeeping.The purpose of this article is to by law.6
provide the basics of the Local Records Act.
The penalty for improperly destroying a public record can be
"PUBLIC RECORD" DEFINED severe.A person who knowingly and without lawful authority
alters,destroys,defaces,removes or conceals any public record
The Local Records Act defines the term"public record"as any commits a Class 4 felony.'
book,paper,map,photograph,digitized electronic material,or
other official documentary material(regardless of physical THE STATE ARCHIVIST AND THE LOCAL
form or characteristics)that is: RECORDS COMMISSION
(1)made,produced,executed or received by any agency or The Secretary of State serves as the Archivist under the Local
officer(i)pursuant to law or(ii)in connection with the Records Act.$The Archivist is the local records advisor.He or
transaction of public business;and she may appoint assistants as necessary to assist local
(2)is preserved or appropriate for preservation by that governments in carrying out the purpose of the Local Records
agency or officer(i)as evidence of the agency's or Act v The Archivist may accept for deposit in the State
officer's organization,function,policies,decisions, Archives or regional depositories official papers,drawings,
procedures or other activities,or(ii)because of the maps,writings and records of every description of counties,
informational data contained in the document? municipal corporations,political subdivisions and courts of this
state,when the Archivist deems those materials to have
The statute specifically identifies a number of documents that sufficient historical or other value to warrant their continued
are not"public records."Library and museum material made or preservation by the state of Illinois.The officer or clerk
acquired and preserved solely for reference or exhibition depositing such records may,upon request,obtain from the
purposes,extra copies of documents preserved only for Archivist,without charge,a certified copy or reproduction of
convenience of reference and stocks of publications and of any specific record,paper or document when such record,
processed documents are not included within the definition of paper or document is required for public use_lo
"public record."-3 Additionally,the Illinois Administrative Code
identifies additional documents that are excluded from the The Local Records Commission is responsible for regulating
definition of"public records."These documents include the preservation and destruction of public records.There are
material that is not filed as evidence of an administrative two Local Records Commissions in Illinois—one for local
activity or that is not filed as evidence for the informational governments in Cook County and one for all other local
content thereof.'The definition also excludes perforated, governments.For those municipalities outside of Cook County,
magnetized,and photographically coded cards and tapes,but the Local Records Commission consists of a chairman of a
only if documents containing the same information have been county board(who is chairman of the Commission),a mayor or
filed in the same office,and the cards and tapes were not president of a municipality,a county auditor,and a state's
prepared as evidence of administrative decisions or transactions
subject to audits
18 J ILLINOIS MUNICIPAL REYifW I APRIL 2011
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IML LEGAL BRIEF CONTINUES maintaining electronic records 2;These practices have been
endorsed by the Local Records Commissions,the Governor's
At least 60 days before disposing of its records,agency Office on Technology,and the Secretary of State as State
chiefs shall fill out in duplicate a Records Disposal Archivist.Any local records which have been converted to an
Certificate that shows the date on which the records are to be electronic format must still follow regulations set forth in the
disposed of, and the number of the application approved by Act,or adopted by the Local Records Commission.It is
the Local Records Commission authorizing the records' suggested that units of government should prepare an
destruction.This form must be signed by the officer having explanation of its systems and procedures for storing these
jurisdiction over the records.19 documents electronically.This report should give enough
information to explain the technology used to create the
The original copy of the Records Disposal Certificate is kept in digitized document,operational procedures as to how the
the files of the Local Records Commission,and the document enters the storage system,and security procedures
municipality must retain a duplicate copy of the certificate in that ensure that the content of the stored documents has not been
its records. altered in any way.
Due to the rapid changes in technology,it is advisable to back-
up records with a retention value of greater than ten years
using the traditional forms—microfilm or paper.Additionally,
The convenience of opting to digitize records to increase the likelihood of future accessibility,it is suggested
requires caution iln their that atransferrable format—such as the American Standard
Code for Information Exchange(ASCII)or Rich Text Format
electronic storage. (RTF)is used.Digital media and the containers it is stored in
should be clearly labeled indicating the agency,department,
type of record and dates for retention,as well as the system
and software used in its creation.Local governments should
Non-record materials or materials that are not included within adhere to the most universally accepted digital formats and
the definition of"public records"may be destroyed at any time systems in order to be compatible with other systems in the
by the municipality without the prior approval of the Local exchange of information.
Records Commission.The Commission may formulate ASSISTANCE FROM THE SECRETARY OF
advisory procedures and interpretations to guide in the STATE'S OFFICE
disposition of non-record materials.211
The Local Records Unit in the Secretary of State's Office offers
ELECTRONIC RECORDS AND THE L 0 C A L 'assistance to local governments in retaining and disposing of
RECORDS ACT records.A field representative of the Local Records Unit will
inventory your municipality's records—at no charge—and
Historically,public records have been retained in paper form or
on microfilm.However,difficulties arose with having only one submit an application to have records placed on a retention
schedule.The
copy of the record,and physical copies of the information field representative can also prepare your first
required significant storage space.As a result,in 2001 an disposal certificate and explain the procedures for disposal
certificates.To schedule an appointment with a field
amendment was made to allow for the digital electronic
keeping of information.Under that change,local government representative,you can reach the Local Records Unit at(217)
7 prose
agencies could reproduce existing public records in an 0.
electronic format,provided that they are produced"on a CONCLUSION
durable medium that accurately and legibly reproduces the
original record in all details"and"that does not permit It is advisable for units of local government to become.familiar
additions,deletions or changes to the original document with all of the rules and regulations governing local records.
z� However,with the use of electronic record keeping and the lack
images." The digital records must be accessible,usable,and
retained in a trustworthy manner during the time period they of formal rules in this area,sound judgment must be exercised,
are required to be kept.This use of technology has increased If a questionable situation arises,Local Records Management
the ability to provide information to the public and has Services,a branch of the Secretary of State,may be consulted
increased the efficiency of record storage. as well as your municipal attorney.
This column examines an issue of general concern to municipal officers.11
The convenience of opting to digitize records requires caution in is not meant to provide legal advice and is not a substitute for consulting
their electronic storage.There are few standards governing the with your municipal attorney.As always,when confronted with a legal
creation,copying,preservation and disposal of electronic question,contact your municipal attorney as certain unique circumstances
records.However,the Illinois Secretary of State website may alter any conclusions reached herein.
contains guidelines widely accepted as"best practices"for Footnotes 1 through 22 are included in the Web index version of
this article.
20 ILLINOIS MUNICIPAL REVIEW 1 APRIL 2011