Section 10.105  Definitions

 

"Board" means the Capital Development Board as created in Section 5 of the Capital Development Board Act [20 ILCS 3105] or, if applicable, its designee.

 

"Executive Director" means the individual appointed by the Board to serve as the chief executive officer of the Board. 

 

(Source:  Added at 43 Ill. Reg. 14084, effective November 20, 2019)

 

Section 10.110  General Policy

 

a)         The Board shall conduct itself in accordance with the Open Meetings Act [5 ILCS 120] and all decisions of the Board shall be made pursuant to deliberations open to the public except to the extent permitted by Section 2(c) of the Open Meetings Act.

 

b)         It is the policy of the Board to permit public participation at all public meetings of the Board.

 

(Source:  Amended at 43 Ill. Reg. 14084, effective November 20, 2019)

 

Section 10.120  Schedule and Notice

 

a)         Regular Meetings.  Prior to the beginning of each fiscal year, the Board shall adopt a schedule of all its regular meetings. That schedule shall appear at least once in its minutes.  The schedule shall include the dates, times and places of the meetings.  This schedule shall be posted at the Board's executive office in Springfield and on its website.  A copy of the schedule shall be sent to all parties requesting a copy.  Requests should be mailed to:  Executive Director, Capital Development Board, 401 South Spring Street, Springfield, Illinois 62706. Requests are valid for one year after the date of receipt.

 

b)         Special Meetings.  Upon the request of 2 or more members of the Board, one of whom may be the Chairperson, the Board may hold a special meeting on call of the Chairperson.  The request of 2 or more members shall be evidenced in written application to the Chairperson.  At least 48 hours written notice of the special meeting shall be given to the members.  The written notice shall be promulgated by the Executive Director upon direction of the Chairperson and shall be sent to each member by e-mail transmission.

 

(Source:  Amended at 43 Ill. Reg. 14084, effective November 20, 2019)

 

Section 10.130  Quorum

 

Four members of the Board shall constitute a quorum, and affirmative votes of a majority of those present shall be required for any final determination of the Board.  The Chairperson shall have and exercise the same right and power to vote as other members. Neither the absence of the Chairperson or Vice-Chairperson nor any vacancy in the membership shall impair the right of a quorum of the members to exercise all of the rights and powers of, and to perform all of the duties of, the Board.

 

(Source:  Amended at 43 Ill. Reg. 14084, effective November 20, 2019)

 

Section 10.140  Vice-Chairperson and Secretary

 

At the beginning of each fiscal year, the Board shall elect a Vice-Chairperson, who shall act for the Chairperson in the event of his/her absence or disability.  If such election does not take place at the beginning of the fiscal year, the incumbent Vice-Chairperson shall serve for the next year.  At the beginning of each fiscal year, the Chairperson may designate a member of the Board to act as Secretary of the Board.

 

(Source:  Amended at 20 Ill. Reg. 15226, effective November 15, 1996)

 

Section 10.150  Agenda

 

The Executive Director shall decide which items are included in the agenda for each meeting.  In creating the agenda, the Executive Director shall give priority to items that promote the Capital Development Board's operations and mission. 

 

(Source:  Amended at 43 Ill. Reg. 14084, effective November 20, 2019)

 

Section 10.160  Rules for Meeting

 

Meetings of the Board, and actions considered, shall be according to generally accepted principles of parliamentary order.

 

(Source:  Amended at 43 Ill. Reg. 14084, effective November 20, 2019)

 

Section 10.170  Board Action

 

a)         All final actions of the Board shall be evidenced by written resolution or memorandum that shall be incorporated into the minutes of the meeting at which the action was taken.  All resolutions and memorandums proposed but not adopted shall be incorporated into the minutes of the meeting at which the resolution or memorandum was considered. For purposes of this Section, a memorandum shall be defined as a document or documents that clearly indicate what the Board is being asked to approve. For example, a list of change orders submitted for Board approval shall suffice.

 

b)         Use of resolution format shall be restricted to highly important complex policy issues, when greater formality and permanence in force are desired, or for courtesy purposes. Routine matters such as meeting schedules and requests for approval of contract provisions should be presented in memorandum form. Board approvals that are redundant of matters required by law shall not be in resolution format.

 

c)         Resolutions intended for short duration should contain an automatic repealer.

 

d)         Resolutions may be relegated to historic status as may be appropriate. Courtesy resolutions should be designated as such, and will immediately and automatically be classified as historic.

 

(Source:  Amended at 43 Ill. Reg. 14084, effective November 20, 2019)

 

Section 10.180  Minutes

 

The Chairperson shall designate a recording clerk who shall keep a complete and accurate record of all meetings, including the votes of individual members on all final actions.

 

(Source:  Amended at 20 Ill. Reg. 15226, effective November 15, 1996)

 

Section 10.190  Revision of Rules (Repealed)

 

(Source:  Repealed at 20 Ill. Reg. 15226, effective November 15, 1996)

 

Section 10.200  Litigation

 

a)         The Executive Director and the Office of Legal Counsel shall not, without prior authorization of the Board:

 

1)         commence litigation;

 

2)         engage counsel, other than the Illinois Attorney General's Office, for the purpose of appearing on behalf of the Capital Development Board to prosecute any lawsuit;

 

3)         incur any obligation for attorney's fees, witness fees or court costs in connection with any lawsuit in which the Board is the plaintiff;

 

4)         authorize settlement of a pending lawsuit; or

 

5)         file an appeal.

 

b)         Nothing in this Section shall be construed to preclude the Executive Director from referring any lawsuits filed against the Board to the Office of the Attorney General for defense, nor to preclude the Executive Director from approving a Court of Claims stipulation in an action brought to recover the balance of a lapsed contractual obligation.

 

c)         If litigation or an appeal must commence before the next regularly scheduled Board meeting and adequate opportunity was not provided to the Executive Director or the Office of Legal Counsel to obtain Board authorization, the Executive Director or Office of Legal Counsel may file litigation or appeal provided that the Board is given the opportunity to ratify the filing or vote to have the matter withdrawn at the next Board meeting.

 

(Source:  Amended at 43 Ill. Reg. 14084, effective November 20, 2019)

 

Section 10.210  Public Comment

 

During the time period designated for public remarks, any person physically present, once recognized by the Chairperson, may make public remarks to the Board.  Each person shall have a 5 minute time limit for remarks, unless the Chairperson, or person acting in his or her stead, determines that additional time is necessary and permitted by the meeting schedule. 

 

(Source:  Added at 43 Ill. Reg. 14084, effective November 20, 2019)

 

Section 10.220  Informal Recordings of Board Meetings

 

Any person may record a Board meeting by tape, film or any other means, provided that the act of recording does not disrupt the meeting.  In order to minimize disruption of the meeting, audiotapes, videotapes, and other recordings may be taken from any seat within the audience at the meeting or from the rear of the meeting room.  Recordings may not be taken from the side or middle aisles or from the front of the meeting room, as such practices disrupt and disturb the audience, speakers and Board members.  Further, the Chairperson, or anyone acting is his or her stead, may ask that a recording be stopped or that recording equipment be relocated in the event that noise from the recording equipment or act of recording interferes with a Board member's or the public's ability to hear any discussion at the meeting.

 

(Source:  Added at 43 Ill. Reg. 14084, effective November 20, 2019)

 

Section 10.230  Board Member Attendance by Means Other Than Physical Presence

 

a)         If a quorum of the members of the Board or any committee of the Board is physically present for a meeting, as required by Section 2.01 of the Illinois Open Meetings Act ("Act"), a majority of the Board or committee of the Board, as the case may be, may allow a physically absent member to attend the meeting by video or audio conference if the member is prevented from physically attending due to any of the reasons listed in Section 7(a) of the Act.

 

b)         A Board member approved for audio or video attendance under this Section may participate in any discussion, vote, or other action of the Board. 

 

c)         Any Board member wishing to attend a meeting by means other than physical presence shall notify the Executive Assistant to the Director before the meeting unless advance notice is impractical. 

 

(Source:  Added at 47 Ill. Reg. 17823, effective November 15, 2023)