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 The Public Access Bureau monitors compliance with the state’s
Freedom of Information Act (FOIA) and Open Meetings Act (OMA),
working to foster transparency and openness in Illinois government.
“Since the state’s stronger transparency laws went into effect
five years ago, many public bodies have taken important steps to be
more accountable to Illinois residents,” Madigan said. “But as this
report details, there is continued need for oversight and
enforcement.”
In 2014, the Public Access Bureau received 4,032 formal requests for
assistance pursuant to FOIA and OMA. The vast majority of the
requests came from members of the public. The requests came from
every area of the state and involved all types of public bodies –
from small villages to large cities and state agencies.
In addition to formal requests, in 2014 the Public Access Bureau
fielded up to 25 questions every day through the FOIA hotline and
received approximately 240 general inquiries via mail or email. The
Public Access Bureau also conducted 30 training sessions for members
of the public, government officials, members of the media and
students.
 In 2014, the Public Access Bureau issued 16 binding opinions. The
authority to issue binding administrative decisions was an important
component of the 2010 overhaul of the state’s transparency laws, and
has allowed the Bureau to issue opinions that clarify the law and
increase disclosure. The Public Access Bureau has also helped
thousands of members of the public, media organizations and advocacy
groups resolve disputes over records and open meetings through
informal mediation with public bodies that has led to increased
disclosure of government information.
2014 Public Access Bureau Activities
In 2014, the Public Access Bureau received 4,032 new matters. Last
year’s numbers once again show that members of the public, rather
than media representatives, are the most prolific users of Illinois’
sunshine laws.
4,032 total new matters received by the Public Access Bureau:
- 3,704 requests for review from those who were denied records
under FOIA:
- 3,129 from members of the public,
- 542 from the media, and
- 33 from public bodies.
328 requests for review regarding OMA violations:
- 272 from members of the public,
- 47 from the media, and
- 9 from public bodies.
2014 Success Stories of Illinois’ Sunshine Laws
The members of the public, media and government agencies can
seek guidance from the Public Access Bureau as to whether
documents should be disclosed under FOIA and guidelines for
conducting open meetings according to OMA. “Requests for review”
submitted by the public and the media regarding a public body’s
FOIA denials or potential OMA violations can lead to either
informal or binding decisions to resolve questions over public
access to government documents or meetings.
 Madigan
highlighted some of the Public Access Bureau’s binding opinions
and informal mediations that have helped to increase the
public’s access to their government.
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Ill. Att'y Gen. PAC Req. Rev. Ltr. 26776, issued April 21, 2014
– A reporter for a Bloomington newspaper filed a Request for Review
alleging that the city of Bloomington violated FOIA by withholding
correspondence concerning the departure of the former city attorney
under sections 7(1)(c), 7(1)(f), and 7(1)(m). The Bureau concluded
that the city improperly withheld portions of the responsive
records. More specifically, the Bureau determined that (1) a letter
from the former city attorney was not part of the city's
deliberative process under section 7(1)(f); (2) disclosure of the
letter would not constitute an unwarranted invasion of personal
privacy under section 7(1)(c) because it concerned the public duties
of a public employee; and (3) that a separate letter separate letter
that did not give or seek legal advice was not exempt under the
section 7(1)(m) attorney-client privilege exemption. The city
disclosed the information the Bureau identified as non-exempt in
accordance with the Bureau’s letter.
Ill. Att'y Gen. PAC Req. Rev. Ltr. 28670, issued July 15, 2014
– A reporter for a Belleville newspaper filed a Request for Review,
alleging that the Illinois State Police violated FOIA by withholding
investigative reports of five homicides from the 1980s and 1990s
under section 7(1)(a), citing provisions of the Juvenile Court Act
and the Privacy of Child Victims of Criminal Sexual Offenses Act.
The Bureau determined that because the confidentiality provisions of
the Juvenile Court Act do not apply to records concerning the death
of a minor who was not taken into custody or subject to a juvenile
court proceeding, and because the Privacy of Child Victims of
Criminal Sexual Offenses Act only prohibits the disclosure of
records that identify minor victims of sex offenses, the Illinois
State Police improperly withheld all investigative records under
section 7(1)(a). The reporter has now received copies of all
responsive records.
Ill. Att'y Gen. Pub. Acc. Op. No. 14-016, issued December 2, 2014
– concluded that the Metropolitan Pier and Exposition Authority (MPEA)
violated FOIA by denying a FOIA request for copies of lease
agreements, including the financial terms and square footage data
for rental space for events at McCormick Place. The decision
rejected MPEA’s assertions that the information was exempt because
it was a trade secret or would cause financial harm to the public
body, noting that the financial terms of the lease agreements
directly relate to the receipt of public funds and are therefore
expressly subject to disclosure under Article VIII, section 1(c) of
the Illinois Constitution of 1970 and section 2.5 of FOIA.
Sunshine Week was founded by the American Society of News Editors
and is recognized annually every March. More information about
Illinois’ sunshine laws can be found at Attorney General Madigan’s
website. Anyone seeking assistance from the Public Access Bureau can
contact the hotline at 1-877-299-FOIA (3642) or send an email to
publicaccess@atg.state.il.us.
[Office of the Attorney General Lisa
Madigan] |
