News & Analysis as of

PACs Freedom of Information Act

Franczek P.C.

PAC Issues Binding Opinion Finding in Favor of Public Body’s Use of the Attorney-Client FOIA Exemption

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In its first binding opinion of the year, the Public Access Counselor (PAC) provides further clarity to the attorney-client privilege exemption under Section 7(1)(m) of the Freedom of Information Act (FOIA). Specifically, the...more

Franczek P.C.

Illinois PAC Issues Binding Decision Authorizing Remote Meetings Under the OMA

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In a rare binding opinion, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—issued a new binding...more

Franczek P.C.

PAC Upholds School Board’s Limitation on Public Comment Duration

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In a recent decision, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—found that a board of...more

Franczek P.C.

New Binding Opinion on Scope of FOIA for Third Parties and Proprietary Information

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In a rare binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) opined that certain information in the sole possession of a vendor that had contracted with the Illinois Department of Corrections...more

Franczek P.C.

Freedom of Information Act and Open Meetings Act Updates

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The flurry of activity surrounding the Illinois Freedom of Information Act (“FOIA”) and Open Meetings Act (“OMA”) continues. An Illinois Appellate Court once again reviewed whether grand jury records may be disclosed under...more

Hinshaw & Culbertson LLP

Informing Illinois Newsletter – April 2018

Cook County Judge Rules Navy Pier, Inc. Records are Subject to FOIA - Judge Thomas R. Allen granted a motion for summary judgment filed by the Better Government Association (BGA) that found a broad range of documents held...more

Hinshaw & Culbertson LLP

Informing Illinois Newsletter - March 2018

Illinois Supreme Court Says Gun Ban Near Parks Is Unconstitutional - On February 1, 2018, the Illinois Supreme Court struck down the portion of the Unlawful Use of a Weapon (UUW) statute that criminalized the possession of...more

Hinshaw & Culbertson LLP

Informing Illinois Newsletter - February 2018

Illinois Supreme Court Set to Consider Whether a Court Order Can Preempt a FOIA Request - The Illinois Supreme Court is set to determine whether an agency or municipality may refuse to disclose a document requested under the...more

Franczek P.C.

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

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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

Franczek P.C.

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

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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

Franczek P.C.

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

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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

Franczek P.C.

PAC Opinion Finds Municipal Bank Account Numbers Subject to FOIA

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Earlier this year, the Public Access Counselor (PAC) issued an under-the-radar advisory opinion that could have an impact on responses to Illinois Freedom of Information Act (FOIA) requests. According to the non-binding...more

Franczek P.C.

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

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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

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