AG Madigan: Sunshine laws shining light on Illinois government
Public
access counselor releases new guidelines to assist in requests for
law enforcement documents
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[March 14, 2011]
CHICAGO -- In honor of Sunshine Week,
Attorney General Lisa Madigan noted that new, stronger
open-government laws are beginning to change Illinois' culture of
government secrecy.
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Madigan urged Illinoisans to learn about the changes to these laws
and how to use them. Improvements to the Freedom of Information Act
are making it easier for members of the public and media to access
government documents and are helping to shine a light into how
government works. In 2010, there were 5,228 new matters before the
public access counselor's office, with 91 percent of requests and
inquiries being submitted by the public or other non-media entities.
"Sunshine Week serves as a reminder of the importance of the
public's right to know how their tax dollars are being spent," the
attorney general said. "We have made important steps forward in
ensuring more government transparency by strengthening the law.
Thousands of government officials have been trained in their
responsibilities for providing public records and providing people
with access to government meetings. And in cases where the process
does not work, the public access counselor's office is helping to
pry open public records and meetings."
Sunshine Week was founded by the American Society of News Editors
and is recognized annually every March.
In conjunction with Sunshine Week, the attorney general released
new guidelines to help both the public and law enforcement agencies
across the state to determine when documents should be made public.
Madigan said questions on how FOIA applies to law enforcement
records were among the top concerns raised with the public access
counselor's office last year.
The attorney general and open government advocates worked in 2009
to strengthen the state's transparency laws to make the process for
obtaining access to records and meetings easier and more effective.
Under the strengthened Freedom of Information Act, public bodies
must respond to records requests, appoint a specific official to
handle such requests and have that person undergo annual training.
Madigan said that for the first time, officials designated by
government bodies as FOIA officers or as responsible for Open
Meetings Act compliance are receiving training to increase their
understanding of the law and ability to comply with records requests
and open meeting procedures. Since the law was enacted on Jan. 1,
2010, more than 17,000 FOIA officers have taken the attorney
general's compliance training.
The changes to FOIA also are making it more difficult for public
bodies to inappropriately deny documents. Before withholding records
by relying on two frequently cited exemptions to the law, public
bodies must now obtain pre-approval from the public access
counselor. This practice is helping stop the abuse of certain
exemptions as a way to withhold information that should be made
public.
"Changes to the law are leading to greater access to government
information than ever before in our state's history," Madigan said.
"We know more work must be done to ensure a smooth process for
Illinoisans to access information about the people's business. We
are committed to continuing our work to make government transparent
and accountable."
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The requests also show that the public access counselor's efforts
to enforce the law have helped people obtain information. Those
successes have ranged from high-profile media requests to local
matters sought by members of the public keeping watch on their
government.
Success stories of Illinois' new sunshine laws:
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University of
Illinois at Springfield: The public access counselor issued a
subpoena to the university in seeking documents after a Freedom
of Information Act request submitted by a newspaper was denied.
In response to the subpoena, the university revealed a
settlement agreement to pay $200,000 to a student that the
university previously did not make public.
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Village of Lyons:
The village refused to release to a citizen and a newspaper
reporter documents detailing how the village president was
selling liability insurance to local bars and nightclubs while
also serving as liquor commissioner in the village. With the
help of the public access counselor, the village reversed its
position and released the documents.
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Boone County: The public access
counselor's office stepped in after receiving a request from a
resident about the lack of meeting minutes posted on the county
board's website. After the public access office issued a letter
inquiring about the matter, the county board posted the minutes
on its website.
More information about Illinois' sunshine laws can be found at
www.illinoisattorneygeneral.gov. Anyone seeking assistance from
the public access officer can contact 1-877-299-FOIA (3642) or send
an e-mail to
publicaccess@atg.state.il.us.
[Text from file received] |