Open Meetings Act "Personnel" Exemption Expanded

Open Meetings Act "Personnel" Exemption Expanded

  Wednesday, August 28, 2019    Julie Tappendorf

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HB 2124 (proposing amendments to the Open Meetings Act) became effective last Friday. That legislation amends the OMA to allow a public body to go into closed session to discuss the hiring, firing, compensation, discipline, and complaints against specific individuals who serve as independent contractors in a park, recreational, or educational setting and specific volunteers under the "personnel"...

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Appellate Court Addresses Prisoner FOIA Use

Appellate Court Addresses Prisoner FOIA Use

  Tuesday, August 27, 2019    Julie Tappendorf

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Last week, an Illinois appellate court upheld a circuit court's ruling that an inmate was not entitled to home addresses of other individuals under FOIA in an unpublished opinion. In Serio v. Putnam Cnty. Sheriff’s Dept., Raymond Serio, an inmate of the Illinois Department of Corrections, sent two FOIA requests to the Putnam County Sheriff’s Department seeking specific information regarding...

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7th Circuit Upholds Construction Licensing Ordinance

7th Circuit Upholds Construction Licensing Ordinance

  Monday, August 26, 2019    Julie Tappendorf

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Earlier this week, the Seventh Circuit Court of Appeals upheld an Indiana city's ordinance requiring a residential property owner who wants to make repairs to the residence either to obtain a license or to hire a licensed contractor. Regan v. City of Hammond. Christopher Regan and the Northwest Indiana Creative Investors Association, Inc. were landlords who own and lease property in the City...

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New FOIA Amendments Just Signed by Governor

New FOIA Amendments Just Signed by Governor

  Thursday, August 22, 2019    Julie Tappendorf

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Earlier this week, the Governor signed into law two bills to amend the Freedom of Information Act. First, Public Act 101-0433 (SB1699) amends Section 2.15(e) of FOIA to redefine where law enforcement agencies may not publish booking photographs (i.e. mugshots). Before the amendment, an agency was not allowed to share on its “social media website”. With this amendment, the definition was changed...

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7th Circuit Addresses Privacy Exemption Under Federal FOIA

7th Circuit Addresses Privacy Exemption Under Federal FOIA

  Tuesday, August 20, 2019    Julie Tappendorf

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This week, the 7th Circuit delivered a victory for the federal government in Higgs v. United States Park Police, a case that involved balancing privacy interests against public disclosure under the federal FOIA statute. Higgs was convicted and sentenced to death for participating in kidnapping and murdering three women with his two friends in 1996 in a federal park located in Maryland. Higgs,...

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Amendments to OMA Allow Alternative Training for Municipal Officials

Amendments to OMA Allow Alternative Training for Municipal Officials

  Tuesday, August 13, 2019    Julie Tappendorf

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The Illinois Governor just signed legislation making it easier for municipal officials to complete the required Open Meetings Act training. Under current law, all elected and appointed members of public bodies in the state of Illinois must complete the electronic OMA training offered by the Illinois Attorney General within 90 days of taking office. Previous amendments to the OMA authorized ...

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Public Body Did Not Violate FOIA in Multiple FOIA Requests

Public Body Did Not Violate FOIA in Multiple FOIA Requests

  Tuesday, August 06, 2019    Julie Tappendorf

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The second FOIA case decided last week is Walker v. Bruscato, 2019 IL App (2d) 170775. Walker had filed multiple FOIA requests with the Winnebago States Attorney's Office for records pertaining to his murder indictment. The first request asked for a copy of the grand jury transcript. The second request asked for a "current or previous list of the types and categories of records available for inspection...

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Quorum Forum Podcast Episode 29: Avoiding Employment Mistakes

Quorum Forum Podcast Episode 29: Avoiding Employment Mistakes

  Monday, August 05, 2019    Julie Tappendorf

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Ancel Glink just released Episode 27 of its Quorum Forum Podcast: Avoiding Employment Mistakes. In this episode, Ancel Glink attorney John Hayes discusses ways employers can avoid common mistakes and law clerk Mike Halpin provides an update on recent employment laws and cases. And, as usual, Ancel Glink partner Dan Bolin keeps the episode lively and entertaining.  Listen to this episode he...

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Public Body Did Not Violate FOIA Where Requested Records Did Not Exist

Public Body Did Not Violate FOIA Where Requested Records Did Not Exist

  Thursday, August 01, 2019    Julie Tappendorf

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We don't see a lot of FOIA cases out of the appellate courts but two were issued yesterday that offer some guidance to public bodies on challenges to FOIA denials. In Barner v. Fairburn, 2019 IL App (3d) 180742, Barner sued the Canton Police Department after the Department denied his FOIA request for a copy of dispatch transcripts for a particular time-period on May 12, 2015, as well as other...

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