2 PAC Binding Opinions Find Public Bodies in Violation of FOIA
We have two new PAC binding opinions, both dealing with FOIA, and both finding the public body in violation of that statute. The opinions are summarized below:
The PAC determined that the Illinois
Department of Lottery violated FOIA by redacting financial information from
contracts with the company that operates the state lottery. Information that was
redacted related to annual and monthly fees, pricing, and compensation paid to
the contractor to operate the lottery.
The PAC rejected the state’s argument that this information was
considered “confidential data” under the Illinois Lottery Act, and also found that it did not qualify as proprietary or financial information under Section 7(1)(g) of
FOIA. The PAC also rejected the
contractor’s argument that confidentiality provisions in the state’s contract
with the contractor prohibited release of the confidential data.
The PAC determined that Chicago State
University violated FOIA by failing to provide public records in its possession
to a requester. Specifically, the
requester asked the university to release information relating to the specific
amount of money that was collected at a Homecoming dance and how that money was
housed and appropriated. The university
had denied the request, stating that the records are not records of a “public
body” under FOIA because the records were records of the Student Government
Association. The university further
argued that the records are not related to the “transaction of public business”
to constitute public records under FOIA.
The PAC rejected the university’s arguments. First, the PAC determined that because the
SGA had distributed the records to the university, they were in the
university’s possession and, therefore, subject to release. Second, the PAC found that the university
controls the funding of student associations, including the SGA, because of
language in a student association publication that states that funds remaining
in a student association account that
are not expended by the end of the fiscal year revert to the university.
Post Authored by Julie Tappendorf, Ancel Glink
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