Jackie Wernz

Jackie Wernz

Franczek Radelet P.C.

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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

4/27/2016 - Confidential Information Disciplinary Proceedings Exemptions FOIA Internal Investigations Newspapers Public Records

Illinois Appellate Court Sheds Light on When Records Are Not “Reasonably Accessible” On A Public Body’s Website Under FOIA

The Illinois Freedom of Information Act (FOIA) was amended in December, 2014 to provide that a public body is not required to copy a public record that is published on the public body’s website. 5 ILCS 140/8.5. The exception...more

3/21/2016 - Accessibility Rules FOIA Public Records Request For Information Websites

California Court: School Districts Cannot Prevent Posting of Videos of Open Board Meetings

Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more

10/30/2015 - Board Meetings City Councils Copyright Educational Institutions Fair Use FOIA Internet Online Platforms Open Meetings Act Public Concern Public Records Public School Boards Video Recordings Websites

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 FOIA Public Entities Public Records Right to Privacy School Districts

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

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

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 (DOT) FOIA Notice Requirements Open Meetings Act Public Meetings Public Records Public Schools

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