It's the beginning of a new year, and that means it is time to summarize all of the PAC's binding opinions issued in 2018. There are 16 of them this year. 2 OMA opinions and 14 FOIA opinions (4 of which deal with a complete failure to respond to a FOIA request). Enjoy!
PAC
Op. 18-001 (Resignation letter releasable under FOIA)
In
PAC Op. 18-001, the PAC found a public body in violation of FOIA when
it provided a redacted copy of the village president’s resignation letter in
response to a FOIA request. The PAC rejected the village’s argument that the
information that was redacted was exempt as part of the “deliberative process”
under 7(1)(f) of FOIA. The PAC also rejected the village’s argument that it was
exempt under 7(1)(n) as adjudication of an employee grievance or disciplinary
case because the village had not identified any ongoing or contemplated
grievance, complaint, or disciplinary action that was or would be adjudicated.
PAC Op. 18-002 (Water
customer information not exempt)
In
PAC Op. 18-002, the PAC rejected a city's argument that a
water customer's name was exempt from release under the "private
information" exemption (section 7(b) of FOIA), finding that the definition
of "private information" in section 2(c-5) of FOIA did not expressly
exempt a person's name from release, and ordered release of the water customer’s
name.
PAC Op. 18-003 (Failure to respond to FOIA)
The
PAC found a public body in violation of FOIA for failing to respond to a FOIA
request.
PAC Op. 18-003.
PAC Op.
18-004 (City failed to show that developer financial information a “trade
secret”)
The PAC found a public body in violation of FOIA
when it failed to release public records relating to redevelopment project
costs in response to a FOIA request. PAC Op. 18-004. The PAC rejected
the city's argument that the developer’s financial information was proprietary
and a trade secret under section 7(1)(g), finding that the city did not
establish that the information was provided under a claim of confidentiality and
that disclosure would cause competitive harm.
PAC Op. 18-005 (Salary information about public employees subject to
FOIA)
The
PAC found a public body in violation of FOIA when it denied a request for
records of City employees’ wages and salaries, rejecting the city’s argument
that it was “personal information” that is exempt under 7(1)(c) of FOIA.
PAC Op. 18-005.
PAC Op. 18-006 (Failure to respond to FOIA)
The PAC found a
public body in violation for failing to respond to a FOIA request. PAC Op. 18-006.
PAC Op. 18-007 (Repeated requests)
In
PAC Op. 18-007, the PAC found a public body
in violation of FOIA for improperly denying a second FOIA request for the same
records that had been requested in a previous FOIA request. The public body had
responded that section 3(g) does not require a public body to respond to
repeated requests from the same person for the same records, and that it had
conducted a search for the requested records and had provided the records it
found through its search. On appeal, the PAC determined that because the public
body did not provide sufficient support that it performed a thorough search and
provided all relevant records in response to the first request, it could not
deny the second request filed by the same person for the same records.
PAC Op. 18-008 (Unduly burdensome/trade secrets)
In
PAC Opinion 18-008, the PAC found that a
public body improperly denied a request for records as unduly burdensome because
it was a repeated request for the same records, and further finding that the
financial terms requested were not exempt under 7(1)(g). The PAC noted
that a repeated request is only considered an unduly burdensome repeated
request if the public body previously provided the records or previously
properly denied the prior request for the same records. The PAC also found that
CCHHS failed to demonstrate that disclosure of the rates would cause
competitive harm.
PAC Op. 18-009 (Private information)
The PAC found a public body in
violation of FOIA for redacting the Parcel Identification Numbers (PINs) from
records released in response to the FOIA request.
PAC Op. 18-009. The PAC rejected the public
body’s argument that PINs were "unique identifiers" under 7(1)(b),
finding that this exemption applies to information about people (such as a
social security number), and not information about property.
PAC Op. 18-010 (Settlement agreement)
In
PAC Op. 18-010, the PAC found a public body
in violation for FOIA for not disclosing the details about claims that were the
subject of a settlement agreement. The redacted information described the
nature of the principal's allegations against the district in broad, general
terms but did not detail any circumstances or events giving rise to the
allegations. The PAC rejected the district's argument that the issues
surrounding the allegations were sensitive and highly personal in nature, and
determined that the public had the right to see the terms that led to the
district paying a settlement to the former employee in exchange for his
resignation.
PAC Op. 18-011 (Failure to respond to
FOIA)
In
PAC Op. 18-011, the PAC found a public body
in violation of FOIA for failing to respond to a FOIA request, and failing to
respond to the PAC's request for review.
PAC Op. 18-012 (Budget discussion in closed session)
In
PAC Op. 18-012, the PAC found a public body
in violation of the Open Meetings Act for improperly discussing its budget,
layoffs, and related matters in closed session during a board meeting. The
public body argued that that the Board’s discussion was about specific
employees within the scope of section 2(c)(1) of the OMA that authorizes the
discussion of compensation, performance, hiring, and dismissal of specific
employees. The PAC concluded that the Board of Trustees' closed session
discussion exceeded the scope of the OMA's exceptions, and violated the OMA.
The PAC ordered the public body to release a copy of the closed session minutes
and verbatim recording, except for that portion that discussed a specific
employee.
PAC Op. 18-013 (Unduly burdensome)
The PAC found that the Governor’s office improperly
denied a request for records as unduly burdensome.
PAC Op. 18-013. The Governor’s office
claimed its initial search for emails yielded 44,356 potential responsive
emails. The PAC found that the Governor’s office failed to demonstrate
that the initial search was a reasonably adequate search for responsive emails,
noting that a subsequent more narrow search yielded only 1,783 potentially
responsive emails. The PAC found that the Governor’s office did not show
that review of 1,783 emails would be unduly burdensome. Further, the PAC
noted that the Governor’s office did not show that the burden of reviewing and
responding to this FOIA request would outweigh the public interest in the
information sought.
PAC Op. 18-014 (Failure to respond to
FOIA)
The PAC found a public body in violation of FOIA for
failing to respond to a FOIA request. PAC Op. 18-014.
PAC Op. 18-015 (Performance/salary of elected officials in closed session)
The PAC found a public body in violation of the Open Meetings Act when it
discussed the performance and salaries of two elected officials in closed
session.
PAC Op. 18-015. The PAC rejected the public
body’s use of the “personnel” exception under 2(c)(1) of the OMA, finding that
it only applied to employees, not elected officials. The PAC also rejected the
exception contained in 2(c)(3) which allows a closed session discussion of
public officers, noting that this exception only applies if the public body has
the authority to remove the public officers being discussed, which is not
the case with these two elected officials.
PAC Op. 18-016 (Release
of records relating to minor victim/witness)
In
PAC Op. 18-016, the PAC found a public body
in violation of FOIA when it denied a request for accident reports involving six
minors who were listed as victims and witnesses in the report. The PAC found
that the Juvenile Court Act protects law enforcement records where a minor is
being investigated, arrested, or taken into custody, but does not protect
records where the minor is a victim or witness.
