Jackie Wernz

Jackie Wernz

Franczek Radelet P.C.

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Iowa Case Highlights Often Overlooked Risk of Releasing Personal Emails in Public Records Requests

As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more

5/29/2014 - Appeals Confidential Information Email Policies Emails FOIA Public Entities Public Records Right to Privacy School Districts

Second Illinois Appellate Court Clarifies When Fee Provisions In Other Statutes Trump The FOIA’s Fee Provisions

Readers of our FR Alerts may recall that in late 2012, the Fifth District of the Illinois Appellate Court clarified the narrow circumstances in which a public body may charge fees greater than those in the Freedom of...more

5/6/2014 - Electronically Stored Information Fees FOIA Public Entities

California Case Allowing Denial Of FOIA Request For Public Communications On Private Electronic Devices Instructive For Illinois...

While California and Illinois do not share the same weather, they seem to be similar in at least one aspect: Their court decisions support denial of Freedom of Information Act (FOIA) requests for most communications by public...more

4/22/2014 - Electronic Communications Electronic Devices FOIA Public Officials Public Records

Courts Provide Guidance On FOIA Attorney’s Fee Provision And Creation Of Records

In two recent cases, Illinois courts provided guidance on when a party is a “prevailing party” under the Illinois Freedom of Information Act (FOIA) for purposes of obtaining attorney’s fees and whether a public body is...more

3/24/2014 - Attorney's Fees FOIA

Public Bodies May Charge 15 Cents For Black And White Standard Sized Copies Of FOIA Documents Even If Actual Copying Cost Is Lower

The Illinois Appellate Court recently held that a public body may charge up to 15 cents for copying for each page of black and white, letter or legal sized documents responsive to a FOIA request, even if the actual cost of...more

2/27/2014 - Document Requests FOIA

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

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

8/20/2013 - FERPA FOIA Fourth Amendment Invasion of Privacy Student Records

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

7/25/2013 - Exemptions FOIA Police Public Records Request For Information Waivers

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

7/25/2013 - Electronic Communications FOIA Mobile Devices PACs

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

6/20/2013 - Department of Transportation FOIA Notice Requirements Open Meetings Act Public Meetings Public Records Public Schools

Balancing The Burdens Of Transparency In The Illinois Freedom Of Information Act

A recent Chicago Tribune editorial, “The burden of transparency” asks a provocative question: does the unduly burdensome exemption in the Illinois Freedom of Information Act (FOIA) allow an unfair loophole for public bodies...more

2/6/2013 - Exemptions FOIA Public Access Laws Public Employees Transparency

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