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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] Freedom of Information Act from the Public Bodies’ Perspective - [3.2] Definition of “Public Body”
- [3.3] Freedom of Information Officers
- [3.4] General Duties of the Freedom of Information Officers
- [3.5] Statutory Requirements a Freedom of Information Officer Must Perform Upon Receipt of a Request
- [3.6] Annual Training
- [3.7] Freedom of Information Act Requirements for Maintenance of Certain Records
- [3.8] Time for Compliance
- [3.9] Statutory Extension
- [3.10] Failure To Respond to Freedom of Information Act Requests
- [3.11] Commercial Requests
- [3.12] Recurrent Requesters
- [3.13] Voluminous Requests
- [3.14] Public Disclosures
- [3.15] Public Postings
- [3.16] Lists of Available Records
- [3.17] Lists of Records That Are Immediately Available
- [3.18] Specific Documents Deemed Per Se Available for Copying and Inspection
- [3.19] Public Records in Possession of a Public Body’s Vendor
- [3.20] Freedom of Information Act Request Forms
- [3.21] Fees and Costs
- [3.22] Electronic Records
- [3.23] Paper Records
- [3.24] Miscellaneous Records
- [3.25] Commercial Request Fees and Costs
- [3.26] Voluminous Request Fees and Costs
- [3.27] Fee Waivers
- [3.28] Recognizing Freedom of Information Act Requests
- [3.29] Responding to Freedom of Information Act Requests
- [3.30] Denials of Freedom of Information Act Requests
- [3.31] Unclear Freedom of Information Act Requests
- [3.32] Unduly Burdensome Freedom of Information Act Requests
- [3.33] Duty To Search for Responsive Records
- [3.34] Records Maintained Online
- II. [3.35] Freedom of Information Act from the Requesters’ Perspective
- [3.36] Who Has the Right To Inspect Records?
- [3.37] Public Body Must Be the Recipient of the Request
- [3.38] Request Must Be for Existing Public Records
- [3.39] Public Bodies Are Required To Provide Records but Not Required To Answer Questions
- [3.40] Structuring the Request
- [3.41] Understanding the Public Body’s Organization
- [3.42] Drafting the Freedom of Information Act Request
- [3.43] Timing
- [3.44] 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] Code of Criminal Procedure of 1963
- [4.19] Health Insurance Portability and Accountability Act of 1996
- [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] The Freedom of Information Act’s Core Purpose
- II. [6.2] The Freedom of Information Act Used Predominantly for Commercial Purposes
- III. [6.3] Critical Distinction — Private Data Possessed by Public Bodies
- IV. [6.4] The Federal Freedom of Information Act
- V. [6.8] The Illinois Freedom of Information Act
- VI. [6.9] Whether the Freedom of Information Act Recognizes Permissive vs. Mandatory Nondisclosure of Proprietary Business Information
- VII. [6.10] Reverse-Freedom of Information Act Lawsuits and Advance Notice to Owners of Confidential Business Information
- [6.11] Reverse-Freedom of Information Act 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] Privacy Provisions of the Gramm-Leach-Bliley Act
- [6.17] Illinois Public Bodies’ Laws Protecting Confidential Business Information
- VIII. [6.18] Best Practices for Protecting Proprietary Business Information
- IX. [6.19] 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. [8.4] Requirements Before the Meeting
- III. Holding the Meeting
- Time and Place Requirements
- [8.12] Openness and Convenience
- [8.13] Gerwin — Size of the Room
- [8.14] Foxfield Subdivision — Time of the Meeting
- [8.15] Public Access Opinion No. 12-008 — Meeting at a Private Residence
- [8.16] Meetings on Holidays
- Quorum Requirements
- [8.17] In General
- [8.18] Electronic Attendance
- [8.19] Audio or Video Recording of Meetings
- [8.20] Public Comment
- [8.21] Decorum, Comments, and Constitutional Rights at Public Meetings
- [8.22] Final Action and Discussion of Items
- 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)(32)
- [9.9] Section 2(c)(3)
- Legal Matters
- [9.10] Section 2(c)(4)
- [9.11] Section 2(c)(11)
- [9.12] Section 2(c)(12)
- [9.13] Section 2(c)(18)
- Business Matters
- [9.14] Section 2(c)(5)
- [9.15] Section 2(c)(6)
- [9.16] Section 2(c)(7)
- [9.17] Section 2(c)(23)
- [9.18] Section 2(c)(29)
- Security and Criminal Matters
- [9.19] Section 2(c)(8)
- [9.20] Section 2(c)(14)
- School Matters
- [9.21] Section 2(c)(9)
- [9.22] Section 2(c)(10)
- Miscellaneous Exceptions
- [9.23] Section 2(c)(13)
- [9.24] Section 2(c)(15)
- [9.25] Section 2(c)(16)
- [9.26] Section 2(c)(17)
- [9.27] Section 2(c)(19)
- [9.28] Section 2(c)(20)
- [9.29] Section 2(c)(21)
- [9.30] Section 2(c)(22)
- [9.31] Section 2(c)(24)
- [9.32] Section 2(c)(25)
- [9.33] Section 2(c)(26)
- [9.34] Section 2(c)(28)
- [9.35] Section 2(c)(30)
- [9.36] Section 2(c)(31)
- [9.37] Section 2(c)(33)
- [9.38] Section 2(c)(34)
- [9.39] Section 2(c)(35)
- V. [9.40] 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] The Freedom of Information Act as a Tool To Ensure Honest Government
- [11.3] Laws Ensuring Freedom of Information Act 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] Privacy Provisions of the Gramm-Leach-Bliley Act
- [11.23] Health Insurance Portability and Accountability Act of 1996
- [11.24] Personnel Record Review Act
- [11.25] Illinois School Student Records Act
- 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.
- Yevgeniy Bolotnikov
Yevgeniy Bolotnikov
Yevgeniy Bolotnikov is an associate at Ancel Glink, P.C., in Chicago, and concentrates his practice in Freedom of Information Act and local government law. Mr. Bolotnikov received his B.A. summa cum laude from DePaul University and his J.D. from Chicago-Kent College of Law, earning a certificate in labor and employment law and the CALI Award of Excellence in International Law, Comparative Law and Low-Wage Workers Law.
- 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.
- 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.
- Mark R. Heinle
Mark R. Heinle
Mark R. Heinle is an associate at Ancel, Glink, P.C., in Naperville, where he concentrates his practice in the areas of local government law, land use, zoning, economic development, licensing, and code enforcement. Mr. Heinle is a member of the Illinois State and Chicago Bar Associations and Former Chair of the CBA’s Local Government Committee. He received his B.A. cum laude from Marquette University and his J.D. from Boston University School of Law.
- 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.
- Michael T. Jurusik
Michael T. Jurusik
Michael T. Jurusik is a Partner at Klein, Thorpe & Jenkins, Ltd., in Chicago, where he concentrates his practice in economic development matters (business districts, special services areas, special assessments, TIF Districts, and sales tax and property tax incentive agreements), land use and zoning law, municipal law and local government law. He has been an author and a speaker for various organizations, including IICLE®, the Illinois Municipal League, the Illinois State Bar Association, and the International Municipal Lawyers Association. Mr. Jurusik received his B.A. from Hamilton College and his J.D. from the Loyola University Chicago Law School.
- Benjamin L. Schuster
Benjamin L. Schuster
Benjamin L. Schuster is a Partner at Elrod Friedman LLP, in Chicago, where he concentrates his practice in local government, land use, and real estate. Mr. Schuster is a member of the Illinois Local Government Lawyers Association, the Chicago Bar Association, and a graduate of the CBA’s Leadership Institute. He received his B.A. with honors from Hamilton College, his M.A. from the London School of Economics and Political Science, and his J.D. from the University of Chicago Law School with high honors and Order of the Coif.
- Esther J. Seitz
Esther J. Seitz
Esther J. Seitz is Partner with Hinshaw & Culbertson, LLP, in Chicago and Springfield, where she focuses on First Amendment, intellectual property, construction, transportation, and appellate law. Ms. Seitz is a Member of the Review Board of the Attorney Registration and Disciplinary Commission, the Program Director of the Lincoln-Douglas American Inns of Court, and an Editorial Board Member of the Illinois Bar Journal. She received her B.A. from Centenary College of Louisiana, her J.D. from the University of Arkansas School of Law, and her LL.M. from the Max-Planck Institute of Intellectual Property and Competition Law.
- Julie A. Tappendorf
Julie A. Tappendorf
Julie A. Tappendorf is an Equity Partner at Ancel Glink, P.C., in Chicago, where she concentrates her practice in local government and land use law. She is Past Cochair of the Chicago Bar Association/Chicago Bar Foundation’s Pro Bono Week, and a member of the American Planning Association’s Amicus Committee and Planning and Law Division. She currently serves as village attorney to the Villages of Glenview, Gilberts, and Lindenhurst and city attorney to the Cities of Lake Forest and Park Ridge. Prior to her law career, she served in the United States Army, Military Intelligence Branch, as a Korean cryptologic linguist. She is also the author and moderator of the local government blog, Municipal Minute, where she writes about land use and other local government issues. Ms. Tappendorf received her B.A. from Illinois State University and her J.D. from the University of Hawaii, William S. Richardson School of Law.
Sunshine Laws 2020 Edition
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