Chicago – In recognition of Sunshine Week, Attorney General Kwame Raoul released the Public Access Counselor Annual Report with details of a sampling of over 4,200 new matters received in 2024, as well as other matters the Public Access Counselor (PAC) addressed last year.
The PAC works to increase transparency in Illinois government by resolving disputes regarding public bodies’ compliance with the state’s Freedom of Information Act (FOIA) and Open Meetings Act (OMA). The 2024 report also describes how the PAC trained thousands of individuals on Illinois’ transparency laws in webinars, seminars and conferences throughout the state.
“During Sunshine Week, I’m proud to highlight the hard work and commitment of my office’s Public Access Bureau to ensuring government agencies in Illinois are accessible to the people they serve,” Raoul said. “I encourage appointed and elected officials and FOIA officers, as well as the public, to attend critical and thorough trainings led by the Public Access Bureau’s experts to ensure public bodies understand their obligations under transparency laws.”
Since the PAC’s creation under state law in 2010, members of the public and the media have submitted more than 59,000 matters to the PAC for review. Last year, the PAC received 4,234 formal requests for assistance pursuant to FOIA and OMA – an average of more than 350 new matters per month.
The PAC’s determinations have created new and important legal guidance in Illinois to explain the public’s right to obtain public records and to ensure meetings are open to the public, thereby fostering increased transparency in government. They have successfully clarified the law, especially on issues that have not been addressed by courts.
In addition to analyzing and resolving disputes through binding and non-binding opinions, the PAC conducts trainings, both remote and in person, that inform government officials about their duties under FOIA and OMA. Last year, the PAC bureau hosted 16 webinars attended by more than 3,500 individuals.
In 2024, the PAC issued 16 binding opinions, which are enforceable in court and create legal guidance concerning Illinois’ government transparency laws. Among the notable matters that resulted in binding opinions last year were the following:
- 24-007, issued June 21, 2024:A member of the public alleged that the Village of Princeville Board of Trustees violated OMA by permitting the board president, whose job often required him to travel for work and spend nights at hotels, to attend three meetings remotely by audio conference. If a quorum of the members of a public body is physically present at a meeting, OMA authorizes a public body to allow a member of that body to attend the meeting remotely if the member is unable to physically attend because of certain reasons, including employment purposes. The opinion concluded that the meaning of “employment purposes” includes actions that are part a person's job responsibilities, and that OMA does not limit the number of times a member may attend meetings remotely because of conflicting job obligations. The opinion also emphasized that OMA gives public bodies the authority to adopt their own rules that further limit the ability of members to attend meetings remotely, or to deny a member’s request to attend a meeting remotely.
- 24-011, issued Sept. 20, 2024:A local resident submitted a FOIA request to the Elk Grove Village Police Department seeking copies of a specific police report and related records. The department denied the request pursuant to the section of FOIA that exempts records in the possession of a law enforcement agency for law enforcement purposes, but only to the extent that disclosure would interfere with pending or actual and reasonably contemplated law enforcement proceedings. Although the department asserted it was participating in an ongoing multi-agency investigation concerning other similar incidents, it failed to provide facts to support its claim that disclosure of the report would obstruct any joint investigation. Since the department did not prove by clear and convincing evidence that disclosure of the records would interfere with a law enforcement proceeding, its denial of the request violated FOIA. The department subsequently disclosed a redacted version of the report to the individual who submitted the request.
The PAC also helps resolve transparency issues between government bodies and members of the public through the use of non-binding determinations and informal negotiations. Here are some examples of such resolutions:
- 2023 PAC 76612:A member of the public requested a copy of video and audio recordings of his traffic stop from the Illinois State Police (ISP). The ISP charged a $200 fee for the two CDs/DVDs containing the recordings. The PAC determined FOIA barred the ISP from assessing a fee for copies of the records because it had not responded to the request in a timely manner. After the PAC issued its determination letter, ISP provided the recordings for free.
- 2024 PAC 82136:A parent submitted challenged redactions made by the Hawthorn Woods Police Department to a copy of a police report concerning the arrest of a person who was allegedly driving under the influence while transporting the parent’s daughter. The department maintained it properly redacted information under numerous FOIA exemptions. The PAC determined that although certain discrete portions of the report were exempt from disclosure, FOIA required disclosure of information concerning the arrestee. In compliance with the PAC’s determination letter, the department released a copy of the police report without redacting the arrestee information.
Any group or entity interested in attending or hosting a training conducted by a representative of the Attorney General’s office can email special.events@ilag.gov for more information. More information about Illinois’ sunshine laws, as well as a copy of the report that includes frequently asked questions can be found on Raoul’s website. For assistance from the Public Access Bureau, contact the hotline at 1-877-299-FOIA (3642), or send an email to public.access@ilag.gov.
