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Appellate Court Holding Extends FOIA to College Foundation

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...more

Illinois Appellate Court finds FOIA does not apply to the IHSA and School District cannot be used to obtain non-public records...

Recently, the Illinois Appellate Court (First District) issued its decision in Better Government Association v. Illinois High School Association and Consolidated High School District 230 affirming the lower court’s dismissal...more

Internal Investigative Reports That Lead to Discipline Are Not Exempt Adjudicatory Records under FOIA

An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s...more

PAC Finds FOIA Violation over Redactions in Governor Rauner’s Calendar

The PAC recently issued a binding opinion finding that the office of Illinois Governor Bruce Rauner violated the requirements of the Freedom of Information Act by delaying its response to a FOIA request, and improperly...more

11/30/2015  /  FOIA , PACs , Public Access Laws

PAC Actions Offer Guidance on the Scope of the Unduly Burdensome Exception to FOIA

In October, the PAC released a written response to a FOIA request that it denied because it would be unduly burdensome under Section 3(g) of FOIA. 5 ILCS 140/3(g). The request asked for “Public Access Counselor determinations...more

PAC Finds Student Discipline Records, Even if Redacted, Identified Students and Were Exempt from FOIA

The Illinois Attorney General’s Public Access Counselor (PAC) issued a non-binding opinion that provides guidance on what constitutes a school student record as provided in the Illinois School Student Records Act (ISSRA) and...more

New FOIA Amendments Affect Public Bodies’ Responses to Requests

Effective immediately, the General Assembly overrode the Governor’s veto to approve new amendments to the FOIA, which are designed to reduce the burden on public bodies. Public Act 98-1129 provides the following: 1) a...more

Back to School OMA/FOIA Update: Public Access Counselor (PAC) Decisions this Summer

The summer is nearly behind us, and it has been a busy summer for the Public Access Counselor (PAC) office of the Illinois Attorney General, which issued five binding decisions since May on Open Meetings Act (OMA) and Freedom...more

FOIA 2013 Wrap-Up – Summary Of Year End PAC Opinions

The Attorney General’s Public Access Counselor (PAC) closed out the year by issuing two binding opinions. The following is a summary of key points from the opinions of which public bodies should be aware....more

12/31/2013  /  Contractors , FOIA

Court Rules That Delayed Compliance With A FOIA Request Remains A Violation

In a recent Illinois Appellate Court decision, the Court held that a public body was in violation of the Freedom of Information Act (FOIA) where the public body initially willfully ignored its obligation to respond to a FOIA...more

Illinois Court Opinion Clarifies Key FOIA Provisions

Recently, the Illinois Appellate Court clarified three key provisions of the Illinois Freedom of Information Act: the “predecisional” or “deliberative process” exemption; the exemption for unwarranted invasion of personal...more

Illinois Appellate Court Decision Clarifies Waiver Of The FOIA Predecisional Materials Exemption

The Appellate Court of Illinois (First District) recently issued an opinion clarifying how a public body can waive the Freedom of Information Act protection for predecisional records....more

Illinois Appellate Court Clarifies When Electronic Communications By Council And Board Members On Personal Electronic Devices And...

The Illinois Appellate Court recently ruled that electronic communications about public business sent or received by members of a city council during a public meeting or study session are “public records” subject to the...more

Key Takeaways From Recent FOIA And OMA Decisions

The Illinois courts and the Attorney General’s Public Access Counselor (“PAC”) issued a flurry of decisions in May and June relating to the Illinois Freedom of Information Act (“FOIA”) and the Illinois Open Meetings Act...more

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