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Chapter 1 — Introduction to the Freedom of Information Act - Chapter 2 — Who Are Public Bodies and What Are Public Records
- Chapter 3 — Procedures Under the Freedom of Information Act
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I. [3.1] FOIA from the Public Bodies’ Perspective - [3.2] Definition of “Public Body”
- [3.3] Freedom of Information Officers
- [3.4] General Duties of FOIA Officers
- [3.5] Process for Handling FOIA Requests
- [3.6] Annual Training
- [3.7] FOIA Requirements for Maintenance of Certain Records
- [3.8] Time for Compliance
- [3.9] Statutory Extension
- [3.10] Failure To Respond to FOIA Requests
- [3.11] Commercial Requests
- [3.12] Recurrent Requesters
- [3.13] Public Disclosures
- [3.14] Public Postings
- [3.15] Lists of Available Records
- [3.16] Lists of Records That Are Immediately Available
- [3.17] FOIA Request Forms
- [3.18] Fees and Costs
- [3.19] Electronic Records
- [3.20] Paper Records
- [3.21] Miscellaneous Records
- [3.22] Fee Waivers
- [3.23] Recognizing a FOIA Request
- [3.24] Responding to FOIA Requests
- [3.25] Denials of FOIA Requests
- [3.26] Unclear FOIA Requests
- [3.27] Unduly Burdensome FOIA Requests
- II. [3.28] FOIA from the Requesters’ Perspective
- [3.29] Who Has the Right To Inspect Records?
- [3.30] Public Body Must Be the Recipient of the Request
- [3.31] Request Must Be for Existing Public Records
- [3.32] Public Bodies Are Required To Provide Records but Not Required To Answer Questions
- [3.33] Structuring the Request
- [3.34] Understanding the Public Body’s Organization
- [3.35] Drafting the FOIA Request
- [3.36] Timing
- [3.37] Fees and Costs for Obtaining Records
- Chapter 4 — Exemptions Under the Freedom of Information Act
- I. [4.1] Introduction
- II. [4.2] Partial Exemptions
- III. [4.3] Types of Exemptions
- [4.4] Section 7 Exemptions
- [4.5] Personal Privacy
- [4.6] Private Information — Section 7(1)(b)
- [4.7] Personal Information — Section 7(1)(c)
- Internal Operations
- [4.8] Preliminary Materials and Drafts (Deliberative Process) — Section 7(1)(f)
- [4.9] Adjudication of Employee Grievances — Section 7(1)(n)
- Law Enforcement and Security
- [4.10] Investigatory Materials — Section 7(1)(d)
- [4.11] Security — Sections 7(1)(e), 7(1)(k), 7(1)(o), and 7(1)(v)
- [4.12] Business and Finance
- [4.13] Attorney Communications
- [4.14] Educational Matters
- [4.15] Miscellaneous Exemptions
- Statutory Exemptions
- [4.16] Section 7(1)(a) Exemptions
- [4.17] Family Educational Rights and Privacy Act
- [4.18] Juvenile Court Act
- [4.19] Section 3-5-1 of the Unified Code of Corrections
- [4.20] Section 7.5 Exemptions
- IV. [4.21] Employee Records and Related Exemptions
- V. [4.22] E-Mail Records and Related Exemptions
- VI. [4.23] Police Reports
- VII. [4.27] Unduly Burdensome Claims
- VIII. [4.28] How To Claim an Exemption
- IX. [4.29] Practical Pointers
- Chapter 5 — Enforcement Under the Freedom of Information Act
- I. Private Enforcement
- [5.1] Right to Suit
- Complaint in Circuit Court
- [5.2] Form and Parties
- [5.3] Contents
- [5.4] Venue
- [5.5] Public Bodies of the State
- [5.6] Public Bodies Other than Those of the State
- [5.7] Motion for Index and/or In Camera Review
- Judicial Review
- [5.8] Burden of Proof
- [5.9] Standard of Review
- [5.10] Expedited Docket
- [5.11] Relief Available
- [5.12] Attorneys’ Fees
- [5.13] Civil Penalties
- [5.14] Noncompliance with Order To Release Records — Contempt
- II. [5.15] Public Access Counselor Enforcement
- III. [5.23] Suggested Reading
- Chapter 6 — Protecting Sensitive Records Provided to Public Bodies
- I. [6.1] Freedom of Information Act’s Core Purpose
- II. [6.2] FOIA Used Predominantly for Commercial Purposes
- III. [6.3] Critical Distinction — Private Data Possessed by Public Bodies
- IV. [6.4] Federal FOIA
- V. [6.8] Illinois FOIA
- VI. [6.9] Whether FOIA Recognizes Permissive vs. Mandatory Nondisclosure of Proprietary Business Information
- VII. [6.10] Reverse-FOIA Lawsuits and Advance Notice to Owners of Confidential Business Information
- [6.11] Reverse-FOIA Actions
- [6.12] Advance Notice Required Prior to Disclosure
- [6.13] Federal Agency Laws and Rules Protecting Confidential Business Information
- [6.14] Food and Drug Administration
- [6.15] Federal Trade Commission
- [6.16] Illinois Public Bodies’ Laws Protecting Confidential Business Information
- VIII. [6.17] Best Practices for Protecting Proprietary Business Information
- IX. [6.18] Recourse When Public Bodies Disclose Confidential Business Information
- Chapter 7 — Introduction to the Open Meetings Act
- Chapter 8 — Meeting Procedures Under the Open Meetings Act
- I. [8.1] Scope of Chapter
- II. [8.2] Requirements Before the Meeting
- III. Holding the Meeting
- Time and Place Requirements
- [8.10] Openness and Convenience
- [8.11] Gerwin — Size of the Room
- [8.12] Foxfield Subdivision — Time of the Meeting
- [8.13] Public Access Opinion No. 12-008 — Meeting at a Private Residence
- [8.14] Meetings on Holidays
- Quorum Requirements
- [8.15] In General
- [8.16] Electronic Attendance
- [8.17] Audio or Video Recording of Meetings
- [8.18] Public Comment
- [8.19] Decorum, Comments, and Constitutional Rights at Public Meetings
- IV. Minutes
- Chapter 9 — Exceptions to the Open Meetings Act
- I. [9.1] Introduction
- II. [9.2] Policy
- III. Procedural Requirements
- IV. [9.5] Exceptions
- Employment and Appointment Matters
- [9.6] Section 2(c)(1)
- [9.7] Section 2(c)(2)
- [9.8] Section 2(c)(3)
- Legal Matters
- [9.9] Section 2(c)(4)
- [9.10] Section 2(c)(11)
- [9.11] Section 2(c)(12)
- [9.12] Section 2(c)(18)
- Business Matters
- [9.13] Section 2(c)(5)
- [9.14] Section 2(c)(6)
- [9.15] Section 2(c)(7)
- [9.16] Section 2(c)(23)
- [9.17] Section 2(c)(29)
- Security and Criminal Matters
- [9.18] Section 2(c)(8)
- [9.19] Section 2(c)(14)
- School Matters
- [9.20] Section 2(c)(9)
- [9.21] Section 2(c)(10)
- Miscellaneous Exceptions
- [9.22] Section 2(c)(13)
- [9.23] Section 2(c)(15)
- [9.24] Section 2(c)(16)
- [9.25] Section 2(c)(17)
- [9.26] Section 2(c)(19)
- [9.27] Section 2(c)(20)
- [9.28] Section 2(c)(21)
- [9.29] Section 2(c)(22)
- [9.30] Section 2(c)(24)
- [9.31] Section 2(c)(25)
- [9.32] Section 2(c)(26)
- [9.33] Section 2(c)(28)
- [9.34] Section 2(c)(30)
- V. [9.35] Closed Meetings Authorized by Statute
- Chapter 10 — Enforcement Under the Open Meetings Act
- I. [10.1] Public Access Counselor Review
- II. [10.2] Civil and Criminal Litigation Under the Open Meetings Act
- Opening the Lawsuit
- Parties
- [10.3] Plaintiff
- [10.4] Defendant
- [10.5] Time
- [10.6] Venue
- [10.7] Alleging Violations
- [10.8] Responding to the Lawsuit
- Discovery
- [10.9] Meeting Agendas and Minutes
- [10.10] Verbatim Record
- [10.11] Other Discovery
- [10.12] Trial
- Relief
- [10.13] Civil
- [10.14] Criminal
- [10.15] Attorneys’ Fees and Costs
- Chapter 11 — Ethical Aspects of Public Disclosure Laws
- I. [11.1] Ethical Aspects of Public Disclosure Laws
- [11.2] FOIA as a Tool To Ensure Honest Government
- [11.3] Laws Ensuring FOIA Compliance by Public Bodies
- [11.4] Whistleblower Protections
- [11.5] Professional Responsibility
- [11.6] Attorneys
- [11.7] Attorney Registration and Disciplinary Commission’s Ethics Inquiry Program
- [11.8] Criminal Enforcement of Public Disclosure Laws
- [11.9] Civil Enforcement of Public Disclosure Laws
- [11.10] Attorneys’ Fees
- [11.11] Fines
- II. [11.12] Liability Issues for Improper Disclosure
- [11.13] Laws Imposing Criminal Penalties for Improper Disclosure
- [11.14] Abused and Neglected Child Reporting Act
- [11.15] Identity Protection Act
- [11.16] Illinois Income Tax Act
- [11.17] Personnel Record Review Act
- [11.18] Illinois School Student Records Act
- [11.19] Laws Imposing Civil Penalties for Improper Disclosure
- [11.20] Driver’s Privacy Protection Act of 1994
- [11.21] Family Educational Rights and Privacy Act of 1974
- [11.22] Health Insurance Portability and Accountability Act of 1996
- [11.23] Personnel Record Review Act
- [11.24] Illinois School Student Records Act
- Index
- Terrence M. Barnicle
Terrence M. Barnicle
Terrence M. Barnicle is a Partner at Klein, Thorpe, and Jenkins, Ltd., in Chicago, where he focuses his practice on municipal and school law. Mr. Barnicle is a member of the Chicago and Illinois State Bar Associations; a member and Past Chair of the Standing Home Rule Attorneys Committee of the Illinois Municipal League; and a member of the Illinois Institute for Local Government Law, receiving its Distinguished Service Award for Lifetime Achievement in Recognition of Distinguished Service to Local Government Law. Mr. Barnicle has also been recognized as a Leading Lawyer in the area of municipal law. He received his B.S. cum laude from Loyola University and his J.D. cum laude from Northwestern University School of Law, where he was Editor of the Northwestern Law Review.
- Robert E. Browne, Jr.
Robert E. Browne, Jr.
Robert E. Browne, Jr. is a Partner at Troutman Sanders, in Chicago, and focuses his practice on intellectual property law and business litigation. Prior to private practice, he served as an Assistant Cook County State’s Attorney as well as a federal judicial clerk. Mr. Browne received his B.A. from the University of Notre Dame and his J.D. from Marquette University Law School, where he was a Founding Member of the Marquette Intellectual Property Law Review Note and Comment Editor of the initial publication of the Marquette Intellectual Property Law Review.
- John F. Costello, Jr.
John F. Costello, Jr.
John F. Costello, Jr., concentrates his practice in regulatory compliance and government relations and served as Freedom of Information and Open Meetings Officer in the Office of Illinois Attorney General in the wake of the 2010 substantial amendments to both laws. Mr. Costello is a commentator on public access laws for media groups, in addition to providing advice and counsel on public access requests. He received his B.S. from Quincy University and his J.D. from UIC John Marshall Law School.
- Donald M. Craven
Donald M. Craven
Donald M. Craven is Owner of the Law Offices of Donald M. Craven, P.C., in Springfield, where he focuses his practice on media law. Mr. Craven serves as General Counsel to the Illinois Press Association, the Illinois Broadcasters Association, and the Illinois News Broadcasters Association. He received the James C. Craven Freedom of the Press Award from the Illinois Press Association (2015), and the Central Illinois ACLU Civil Liberties Award (2014). Mr. Craven is a member of the Illinois State and Sangamon County Bar Associations and is on the Media Law Defense Counsel Committee. He received his B.A. from St. Olaf College and his J.D. from Southern Illinois University School of Law.
- Brian Day
Brian Day
Brian Day is Corporation Counsel for the Town of Normal, Illinois, where he focuses on local government law. Mr. Day is a member of the Board of Directors of the Illinois Institute for Local Government Law, serves as Illinois State Chair of the International Municipal Lawyers Association, and was appointed to the Illinois Municipal League Home Rule Attorney’s Committee. He received his B.A. from Washington State University and his J.D. from UIC John Marshall Law School.
- Jane N. Denes
Jane N. Denes
Jane N. Denes is a Partner at Posegate & Denes, P.C., in Springfield, where she concentrates her practice in estate planning. Ms. Denes is Chair of the Illinois Institute for Continuing Legal Education’s Board of Directors. She is a member of the American, Illinois State, Missouri, and Sangamon County Bar Associations, and the Bar Association of Metropolitan St. Louis. Ms. Denes received her B.A. from Smith College, her M.A. from Northwestern University, and her J.D. and LL.M. in tax law from Washington University.
- Stewart H. Diamond
Stewart H. Diamond
Stewart H. Diamond is a Partner at Ancel Glink, P.C., in Chicago, where he concentrates his practice in representation of local government bodies. Mr. Diamond is the originating General Editor of the IICLE® handbooks MUNICIPAL LAW AND PRACTICE IN ILLINOIS and ILLINOIS SCHOOL LAW and has participated in numerous seminars on these subjects. He is one of the authors of the ILLINOIS MUNICIPAL HANDBOOK, published by the Illinois Municipal League. He is also one of the authors of THE HANDBOOK ON ILLINOIS PARK DISTRICT LAW, published by the Illinois Association of Park Districts, and a handbook on township law. He has written many articles on local government law. He drafted one of the first contract and bylaws agreements for a comprehensive intergovernmental self-insurance pool in the United States and currently represents a large number of intergovernmental self-insurance pools. He has taught municipal law at Northwestern Pritzker School of Law and is a Past Chair of the Illinois State Bar Association Local Government Law Section Council. He is the author of DIAMOND’S RULES OF ORDER,a set of parliamentary rules for government bodies and private organizations. In over 50 years of law practice, he has represented, as regular or special counsel, many government bodies in the Chicago metropolitan area and in other parts of the state. Mr. Diamond was educated at the University of Chicago, where he received both his A.B. and his J.D., and University College, Oxford, England.
- Keith E. Fruehling
Keith E. Fruehling
Keith E. Fruehling is a Partner with Heyl, Royster, Voelker & Allen, P.C., in Urbana, where he concentrates his practice in all areas of civil litigation, including products liability, class action, medical malpractice, employment, civil rights, aviation, toxic tort, casualty, drainage, and premises liability. Mr. Fruehling represents Fortune 500 companies, universities, sheriffs and municipal law enforcement officers, correctional officers, state and local governmental units, doctors, attorneys, veterinarians, real estate brokers/agents and other professionals, insurers, and local businesses. He is a member of the Federal, American, Illinois State, and Champaign County Bar Associations. He is also a member of the Illinois Association of Defense Trial Counsel. He received his B.S. in finance from the University of Illinois at Urbana-Champaign and his J.D. from The John Marshall Law School.
- Sara Gadola Gallagher
Sara Gadola Gallagher
Sara Gadola Gallagher is an associate with Montana & Welch, LLC, in Elmhurst, where she focuses her practice on Freedom of Information Act and Open Meeting Act compliance, records management and retention matters, and election and campaign finance issues. Ms. Gallagher is a Member of the Chicago and Illinois State and Bar Associations. She received her B.A. from the University of Iowa and her J.D. from Loyola University Chicago.
- Matthew M. Garrett
Matthew M. Garrett
No bio available.
- Howard C. Jablecki
Howard C. Jablecki
Howard C. Jablecki is a Partner with Klein, Thorpe, and Jenkins, Ltd., in Chicago, where he concentrates his practice in municipal law and litigation. Mr. Jablecki is a member of the Illinois Local Government Lawyers Association, the Chair of the Municipal Prosecutors Group, and a member of the Illinois State Bar Association. He has been recognized as an Illinois Super Lawyers Rising Star and Illinois Leading Lawyers Emerging Lawyer. Mr. Jablecki received his B.A. from Ripon College and his J.D. from Chicago-Kent College of Law, where he was recognized for excellence in trial advocacy and was a member of the Moot Court Honor Society.
- Jeffrey R. Jurgens
Jeffrey R. Jurgens
No bio available.
- Michael T. Jurusik
Michael T. Jurusik
Michael T. Jurusik is a Partner at Klein, Thorpe and Jenkins, Ltd., in Chicago, where he concentrates his practice in municipal law and local government. He is a guest speaker for and a Past President of the Local Government Section Council of the Illinois State Bar Association. He was named an Illinois Leading Lawyer from 2016 – 2018. Mr. Jurusik received his B.A. from Hamilton College and his J.D. from Loyola University Chicago School of Law, where he received the American Jurisprudence Award for Outstanding Academic Achievement.
- Andrew J. Keyt
Andrew J. Keyt
Andrew J. Keyt is a Partner with Heyl, Royster, Voelker & Allen, P.C., in Peoria, where he is Chair of the firm’s Governmental Practice. Keyt has been selected as a Leading Lawyer in Illinois and is a member of the Peoria County and Illinois State Bar Associations and the Abraham Lincoln Court. He received his B.S. from Illinois State University and his J.D. magna cum laude from Northern Illinois University School of Law.
- Eric M. Madiar
Eric M. Madiar
No bio available.
- Elias D. Mossos
Elias D. Mossos
No bio available.
- John M. Redlingshafer
John M. Redlingshafer
John M. Redlingshafer is a Shareholder of Mescher, Rinehart & Redlingshafer, P.C., in Washington, where he focuses on local government law. He is a member of the Illinois State Bar Association. He was named an Illinois Super Lawyers Rising Star in 2013 – 2014. He received the J. Bruce Scidmore Award from the Illinois Township Attorneys Association in 2011 and the Township Officials of Illinois President’s Award in 2014. Mr. Redlingshafer received his B.A. magna cum laude from Bradley University and his J.D. from DePaul University College of Law.
- Esther J. Seitz
Esther J. Seitz
Esther J. Seitz is a Partner at Hinshaw & Culbertson LLP, in Chicago and Springfield, where she concentrates in appellate practice, intellectual property, construction and transportation, and first amendment privacy. She is a member of the ARDC Review Board, the Illinois Bar Journal Editorial Board, and the Lincoln-Douglas Inn of Court Board. Seitz earned her B.A. from Centenary College of Louisiana, her J.D. from the University of Arkansas at Little Rock, and her LLM IP from the Munich Intellectual Property Law Center.
- Scott B. Sievers
Scott B. Sievers
Scott B. Sievers is an attorney in Springfield, Illinois. Mr. Sievers served as an Assistant Attorney General within the Office of the Illinois Attorney General from May 2006 to March 2012, initially as the first Assistant Public Access Counselor and later as Assistant Supervisor of the Civil Trials Unit within the Springfield General Law Bureau. Prior to his government service, Mr. Sievers was an associate with Donald M. Craven, P.C., where he represented a variety of media clients, including the Illinois Press Association. He also litigated Open Meetings Act cases before both the circuit and appellate courts. Mr. Sievers coauthored the OPEN GOVERNMENT GUIDE (5th ed. 2006), published by the Reporters Committee for Freedom of The Press. Mr. Sievers has taught the Open Meetings Act as part of mass communications law classes at Eastern Illinois and Western Illinois Universities. He earned his master’s degree from the University of Illinois at Springfield and his law degree from the University of Illinois College of Law, where he was a member of the University of Illinois Law Review.
Freedom of Information and Open Meetings Acts (Illinois) (ARCHIVED 2013 EDITION)
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