Transparency in Government Recordkeeping: New Era in Public Access

January 1, 2010 brought an assortment of laws affecting your rights as citizens to gain access to public information. For those interested in trends, the new "Sunshine laws" were meant to enhance your right to information from all levels of government and public bodies. The passage of these laws was a response by the Illinois legislature to curb abuses where citizens were wrongfully denied the right to public information from governmental bodies

So you may say "Well, how do these laws affect me?" How about your interest in knowing how your taxpayer funds are being spent? Did you want to determine the status of a development project affecting your property? If you live in unincorporated areas, do you want to participate in a hearing process that might affect the serenity of your peaceful, quality of life? Want to learn more about the governmental budget process in these challenging economic times, and what your elected representatives are doing in response? Were you ever interested in a public works project, how the project was bid, and who was awarded the contract? These are just a few areas of government which are at your fingertips and can be gathered with little effort and time.

THE FREEDOM OF INFORMATION ACT

The new law in Illinois made sweeping changes to the Freedom of Information Act (FOIA). For years, this law has permitted access to "public documents" by written request. Now with the advent of the internet and website development, many governmental bodies supply a simple form on-line that can be used to obtain information. FOIA will allow you to obtain vital and insightful information like agendas, minutes of meetings, plan and engineering documents, contracts, memoranda, writings, audio or video tapes and a host of other documents or records.

Now under the new law, each public body must appoint a person to assume compliance with its provisions. Those persons appointed must also complete training developed by the Illinois Attorney General.

The FOIA officer must be circumspect in their duties once a request is made. The date of the receipt of the request must be noted, along with the date upon which the response is due. An electronic or paper copy of the request must be retained, along with the response made, including written communications with the requester. The public body may NOT ask the reason why the requested information is sought other than if it’s made for a commercial purpose or if a fee waiver is sought.

The time limits for a response have been shortened from 7 working days to 5 business days. A public body may seek a one-time extension for an additional 5 business days, provided the reason for the extension is given along with a new due date. A failure to respond within the time limits is considered a denial and may be reviewed by the Attorney General representative (called a Public Access Counselor or PAC), or even a circuit court.

Denials of requests for public information, like unwarranted invasions of personal privacy or draft document exemptions still exist, and will continue to be referenced. However, a public body must send a notice of intent to deny to the requester and the Attorney General, who will then determine the propriety of a denial response.

Special care is also given to avoid abuses where the requester seeks information that is deemed for "commercial purposes". Thus, the FOIA process should not be used by persons to attempt to gain an illegal commercial advantage by means of records retained by the local government.

Denials of records requested are frowned upon. Therefore, local governments must state reasons for the denial, legal authority supporting the denial, a notice that the requester has a right to review the denial by the Attorney General, and a notice that the requester has a right to judicial review under FOIA.

Fees may not be charged for the first 50 pages, and thereafter additional pages may not exceed 15 cents per page. Charges for electronic copies may not exceed the costs of the recording medium.

If a requester contends a violation of FOIA has occurred, a complaint may be filed with the PAC, who then will conduct an investigation. The PAC must issue a binding opinion within 60 days after beginning a review. Finally, if a violation is found, attorney fees can be awarded to the requester against the offending governmental entity, and a civil penalty of not less than $2,500 nor greater than $5,000 MUST be imposed for each occurrence.

So "Why rely on the media, when you can get direct information from your town, village, city, township, state or country or for that matter, school, fire or library district?" Often your answers are right at your fingertips!