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Monday, December 4, 2017

Don't Forget FOIA/OMA Training Obligations


As many Illinois government officials know, both the Illinois Freedom of Information Act and the Illinois Open Meetings Act require certain government officials to comply with training requirements under FOIA and the OMA. The Illinois Attorney General has created electronic training programs to comply with these requirements, although the OMA does allow members of certain public bodies (school and park board members, for example) to take advantage of alternative training programs offered by member organizations, as discussed below in #3.  

It is important to understand each of the training requirements to make sure the appropriate officials or employees are completing the required training in accordance with the OMA and FOIA.

1.  FOIA Officer

Each public body must designate a FOIA officer. The designated FOIA officer must complete annual FOIA training. If a public body has designated multiple FOIA officers, they all must complete annual training. Any time a public body designates a new FOIA officer, that officer must complete the training within 30 days of designation. 5 ILCS 140/3.5(b). 

2.  OMA Officer

Each public body must also designate an OMA officer. The designated OMA officer must complete annual OMA training. If there are more than one designated OMA officer, they all must complete annual training. Any time a public body designates a new OMA officer, that officer must complete the training within 30 days of designation. 5 ILCS 120/1.05(a) 

3.  Members of Public Bodies

Each member of a public body (i.e., member of a City Council or Village Board, Library Board Trustee, etc.) must complete OMA training within 90 days of taking office. 5 ILCS 120/1.05(b). 

While members of most public bodies are required to complete the training program created by the Attorney General, members of certain public bodies are statutorily authorized to complete an alternative training program. For example, a member of a park district park can complete an OMA training  program offered by an organization that represents park districts. Similar provisions apply to members of a school board or drainage district board. For more information about these alternative training programs, consult section 1.05(c), (d), (e), and (f) of the OMA.

You can access each of the Attorney General training programs on the Attorney General's website here.  Make sure you sign up for the correct training program!

Post Authored by Julie Tappendorf

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