PAC Interprets Building Plan Exemption in FOIA

PAC Interprets Building Plan Exemption in FOIA

  Wednesday, February 28, 2018    Julie Tappendorf

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Section 7(1)(k) of FOIA exempts architects' plans, engineers' technical submissions, and other construction related technical documents for (1) private projects (i.e., not publicly funded) and (2) public projects "but only to the extent that disclosure would compromise security." 5 ILCS 140/7(1)(k). There are two different views on how to interpret this exemption: (1) does the quoted language apply...

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PAC Finds City in Violation for Not Responding to FOIA

PAC Finds City in Violation for Not Responding to FOIA

  Monday, February 26, 2018    Julie Tappendorf

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In its third binding opinion of 2018, the PAC found a municipality in violation of FOIA for failing to comply with, properly deny, or otherwise respond to a FOIA request. PAC Op. 18-003. The requester submitted a FOIA request to the city asking for records pertaining to a city official's meeting schedule for a four month period in 2016. The city did not respond to the FOIA request, nor did...

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Another Bill Restricting Government Travel Expenses

Another Bill Restricting Government Travel Expenses

  Friday, February 23, 2018    Julie Tappendorf

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HB 5633 was recently introduced to prohibit municipalities and counties from spending local funds derived from the Local Government Distributive Fund (LGDF) on travel, lodging, or dining. There are no limitations to this wholesale ban on these expenses, so this would seem to apply to any of these expenses, even expenses incurred in mandatory training or similar programs. This bill follows legislation...

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2 Bills Would Amend Criminal Records Provision of FOIA

2 Bills Would Amend Criminal Records Provision of FOIA

  Thursday, February 22, 2018    Julie Tappendorf

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Last week, two bills were introduced to amend the Freedom of Information Act (FOIA). Both bills would modify section 2.15 of FOIA, the section that deals with arrest reports and criminal history records. SB 2944 would, if passed, amend FOIA to prohibit the release of a photograph taken in connection with an arrest report under section 2.15 of FOIA unless the individual has been formally charged...

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Write-In Candidate Loses Appeal

Write-In Candidate Loses Appeal

  Wednesday, February 21, 2018    Julie Tappendorf

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In Illinois, to run as a write-in candidate in a local election, the candidate must file a written declaration of intent with the proper election authority. A candidate for the office of commissioner of the Metropolitan Water Reclamation District (MWRD) filed his declaration of intent to be a write-in candidate with the Cook County Clerk. He did not file his declaration with the Chicago Board of...

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Bill Proposes Local Government Email Act

Bill Proposes Local Government Email Act

  Tuesday, February 20, 2018    Julie Tappendorf

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Lost in the shuffle of numerous bills being introduced in both the Illinois House and Senate is a bill creating the "Local Government Email Act." This bill, if passed, would affect the communications of employees, officials, and officers of all units of local government and school districts in the state. We reported on similar legislation introduced last year here - that legislation did not pass. The...

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Water Bill Customer's Name Not Exempt Under FOIA

Water Bill Customer's Name Not Exempt Under FOIA

  Friday, February 16, 2018    Julie Tappendorf

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A requester submitted a FOIA request with a city asking for a copy of the water bill for a particular address. The city provided a copy of the bill, but redacted the customer's name, mailing address, and account number, citing 7(1)(b) of FOIA ("private information"). The requester filed a complaint with the Public Access Counselor (PAC) office of the Attorney General, who found the city in violation...

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Library District Annexation Bill Introduced

Library District Annexation Bill Introduced

  Thursday, February 15, 2018    Julie Tappendorf

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There has been quite a bit of new legislation introduced over the past few weeks, including a recent bill that would affect library districts in Illinois. HB 4519 would amend the Public Library District Act to mandate that a referendum be held prior to annexing territory to a library district of any property that meets the following criteria: (1) the territory is within the boundaries of a municipality/school...

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Bill Would Eliminate "Builder's Choice" on Form of Performance Security

Bill Would Eliminate "Builder's Choice" on Form of Performance Security

  Tuesday, February 13, 2018    Julie Tappendorf

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Under Illinois law, a municipality or ocunty can require a developer or builder to post security to guarantee the completion of public improvements related to a development. However, the law currently allows the developer or builder to choose the form of the security. Specifically, the law states that if a municipality or county requires performance security to be posted, the builder or developer...

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New OMA and FOIA Bills Introduced

New OMA and FOIA Bills Introduced

  Monday, February 12, 2018    Julie Tappendorf

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There have been a couple of new bills introduced to amend the Open Meetings Act. The first (HB 4583) adds new obligations on public bodies in complying with the OMA. The second (HB 5433) would offer OMA and FOIA training alternatives to municipal officials.  HB 4583 would amend the OMA to do the following: Require that all special meetings be noticed in the same manner as regular meetings. Eliminate...

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Alderman's Texts and Emails on Private Device Not Subject to FOIA According to Court

Alderman's Texts and Emails on Private Device Not Subject to FOIA According to Court

  Thursday, February 08, 2018    Julie Tappendorf

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The use of private cell phones by elected officials brings up a variety of legal issues, including whether the emails or text messages sent and received by the private device are subject to public release under the Freedom of Information Act. We have discussed this issue at length on the blog, including reporting about the Illinois appellate court's decision in Champaign v. Madigan where the court...

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Board Member Political Emails Not Covered by OMA

Board Member Political Emails Not Covered by OMA

  Tuesday, February 06, 2018    Julie Tappendorf

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A reader shared a recent advisory opinion issued by the Public Access Counselor of the Attorney General that addressed a claim that board members violated the OMA when they emailed each other about a referendum. The PAC ruled that the members of the board did not violate the OMA in 2017 PAC 49878. A school district was contemplating issuance of working cash fund bonds in the amount of $20...

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Illinois' Gun Ban Within 1000 Feet of Public Parks Unconstitutional

Illinois' Gun Ban Within 1000 Feet of Public Parks Unconstitutional

  Monday, February 05, 2018    Julie Tappendorf

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On February 1st, the Illinois Supreme Court found an Illinois statute that bans persons from carrying or possessing firearms within 1,000 feet of a public park unconstitutional. People v. Chairez, 2018 IL 121417. The Unlawful Use of Weapons Statute, 720 ILCS 5/24 et seq., prohibits people from carrying guns in certain public areas, including schools, public housing, public parks, courthouses....

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