Last week, the Illinois Appellate Court issued three separate opinions addressing the scope of the Illinois Freedom of Information Act (FOIA). The opinions provide additional guidance related to what constitutes a reasonable...more
8/12/2020
/ Civil Monetary Penalty ,
Criminal Investigations ,
Email ,
Failure to Comply ,
FOIA ,
Mobile Devices ,
Murder ,
Public Access Laws ,
Public Records ,
Request for Production ,
School Districts ,
Search & Seizure ,
Text Messages
On May 23, the Illinois General Assembly passed Senate Bill 2135, which in part amended the Open Meetings Act to permit, and set conditions for, conducting board meetings by audio or video conference without the physical...more
In a recent order, the Circuit Court of Will County joined the Attorney General’s Public Access Counselor (PAC) in supporting public boards’ ability to hold virtual board meetings during the coronavirus disease 2019...more
As we discussed in alerts on March?16 and March 18, a recent Executive Order by Illinois Governor J.B. Pritzker suspended certain Open Meetings Act (OMA) requirements to allow flexibility on issues of quorum and remote...more
In the face of mandated school closures beginning on March 17, 2020, Illinois school districts are assessing their ability to comply with sunshine laws, including the Illinois Open Meetings Act (OMA) and Illinois Freedom of...more
A recent informal Illinois Attorney General Public Access Counselor decision interpreting the Freedom of Information Act is an important reminder that redacting student names from public records is not always sufficient to...more
“FOIA is a record access law, not a record retention law.” We have all said it, the statute supports it, and no court has held otherwise. A recent opinion from the Illinois Attorney General Public Access Counselor calls that...more
A recent Illinois Appellate Court decision raises interesting questions about how provisions protecting “private information” in open records laws should be interpreted in a world in which a vast wealth of information about...more
2/3/2020
/ Appeals ,
Disclosure ,
Educational Institutions ,
FAFSA ,
Failure To Disclose ,
Financial Aid ,
FOIA ,
Grants ,
Public Access Laws ,
Public Records ,
Request For Information ,
Student Privacy
The Illinois Attorney General’s Public Access Counselor was once again busy during 2019, issuing binding decisions of interest to public entities governed by the Illinois Open Meetings Act and Freedom of Information Act....more
12/11/2019
/ Best Practices ,
Binding Precedent ,
FOIA ,
Non-Residents ,
Open Meetings Act ,
Public Access Laws ,
Public Entities ,
Public Meetings ,
Request For Information ,
School Boards ,
State and Local Government
In a recent decision, the Illinois Appellate Court held that the nonexistence of requested documents is an affirmative defense to a complaint grounded in the Freedom of Information Act. The court also clarified that public...more
Since a 2013 Illinois Appellate Court decision, City of Champaign v. Madigan, Illinois public bodies have known that three categories of emails and text messages sent to or from personal technology devices are “public...more
In a recent decision, the Illinois Attorney General’s Public Access Counselor (PAC), which enforces the Illinois Open Meetings Act (OMA), found that a school district violated the OMA when it limited the public comment period...more
In a recent nonbinding letter, the Illinois Attorney General’s Public Access Counselor reportedly requested that public boards allow members of the public to speak about concerns with the conduct of specific board members. ...more
Boards try their best to avoid it, but you hear about it time and again—a board goes into closed session and the conversation turns away from the subject matter the board identified in open session as the reason for the...more
Recently, an Illinois Court of Appeals issued a decision mandating disclosure of assessment records from the Cook County Assessor’s Office to the Chicago Tribune under the Illinois Freedom of Information Act (“FOIA”)....more
7/17/2018
/ Appeals ,
Exemptions ,
FOIA ,
Property Tax ,
Property Valuation ,
Public Access Laws ,
Public Records ,
Real Estate Market ,
Request For Information ,
State and Local Government ,
Tax Assessment ,
Taxation
Recently, the Public Access Counselor (PAC) issued a rare binding opinion finding that the City Council of Bloomington violated the Open Meetings Act when it held a closed meeting to discuss potential litigation that the PAC...more
Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...more
One of the most legally perilous jobs of a school board is to preside over the public participation portion of a meeting. The key for a board is to balance its need to run efficient and orderly meetings with the ability of...more
The Public Access Counselor (PAC) division of the Attorney General’s Office recently held that the reduction in force joint committee (the “Joint Committee”) was subject to the requirements of the Open Meetings Act (OMA)....more
Last year, an Illinois Circuit Court overturned a Public Access Counselor opinion that found that the Board of Education of Springfield School District No. 186 violated the Open Meetings Act when it voted on the separation...more
The PAC recently issued a binding opinion finding that the office of Illinois Governor Bruce Rauner violated the requirements of the Freedom of Information Act by delaying its response to a FOIA request, and improperly...more
In October, the PAC released a written response to a FOIA request that it denied because it would be unduly burdensome under Section 3(g) of FOIA. 5 ILCS 140/3(g). The request asked for “Public Access Counselor determinations...more
The Illinois Attorney General’s Public Access Counselor (PAC) issued a non-binding opinion that provides guidance on what constitutes a school student record as provided in the Illinois School Student Records Act (ISSRA) and...more
In June, the Public Access Counselor (PAC) issued a non-binding opinion holding that board members of a school district did not violate the Open Meetings Act (OMA) when partaking in intermittent private email exchanges...more
Recently, the Illinois Public Access Counselor rendered a binding opinion, holding that a committee violated the Open Meetings Act when it chose to recommend an individual to fill a vacancy on the committee and made that...more