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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. Barnicleis a Partner at Klein, Thorpe and Jenkins, Ltd., in Chicago, where he focuses his practice on municipal and school law. Barnicle is a Past Chair of the Standing Home Rule Attorneys Committee of the Illinois Municipal League; a Past Chair of the Local Government Committee of the Chicago Bar Association; and a recipient of the Distinguished Service Award for Lifetime Achievement in Local Government Law over a career from the Illinois Institute for Local Government Law. Barnicle received his B.S. cum laude from Loyola University and his J.D. cum laude from Northwestern University School of Law, where he is a Member and Editor of the Northwestern Law Review.
- Yevgeniy Bolotnikov
Yevgeniy Bolotnikov
Yevgeniy Bolotnikov is an associate at Ancel Glink, P.C., in Chicago, and primarily focuses on advising local government clients about FOIA, OMA, real estate, and land use matters. Bolotnikov is a frequent contributor to various publications, including the Municipal Minute. Bolotnikov is also a contributing author to several publications, including Handling the Land Use Case (Thompson-Reuters 2022-2023), the Illinois Municipal Handbook (Illinois Municipal League, 2021-2022), the Illinois Municipal Handbook (Illinois Municipal League, 2021-2022), and the Township Officials Of Illinois Laws And Duties Handbook (Township Officials of Illinois, 2022).
- 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 in Chicago, where he served as Freedom of Information and Open Meetings Officer in the Office of the Illinois Attorney General in the wake of the 2010 substantial amendments to both laws. Costello is a Certified Information Privacy Professional (CIPP) and a frequent commentator on public access laws, in addition to providing advice and counsel on public access requests to both public bodies and requestors. 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 Partner at Craven & Craven, in Springfield, where he focuses his practice on media and municipal law. Craven is a member of the Illinois State Bar Association, the Illinois Press Association, and the Illinois Broadcasters’ Association. He received his B.A. from St. Olaf College and his J.D. from SIU.
- Brian Day
Brian Day
Brian Day is Corporation Counsel for the Town of Normal, where he focuses on local government law. Day is the chief legal officer for the Town of Normal and is responsible for supervising the activities of the legal department. Day has previously served as the Lead Staff Attorney for the Illinois Municipal League and as a Staff Attorney for the Illinois Legislative Reference Bureau. Day is also a frequent speaker and author on matters of local government law. He serves as the Illinois State Chair of the International Municipal Lawyers Association and on the Board of Directors of the Illinois Local Government Lawyers Association. He received his B.A. from Washington State University and his J.D. from UIC John Marshall Law School. Before college, Day served in the U.S. Air Force and is a veteran of Operation Desert Storm.
- 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 at Montana & Welch, LLC, in Elmhurst, where sheconcentrates her practice in general governance matters for units of local government and nonprofit entities; Freedom of Information Act and Open Meetings Act compliance issues; records retention laws and management; client policy development, with a particular focus on law enforcement matters, and labor and employment policy; and election law. Gallagher is also a Member of the Illinois State and Chicago Bar Associations. She received her B.A. at the University of Iowa and her J.D. at Loyola University Chicago School of Law.
- 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 municipal law. 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 Orland Park, where he concentrates his practice in municipal and local government law. Jablecki is a Member of the Illinois Bar Association and the Illinois Local Government Lawyers Association, where he was the former Director and Chair of its Municipal Prosecutors Group. He has also been named an Illinois Leading Lawyer by his peers since 2015 and Super Lawyer since 2012. He is an author and guest speaker on a variety of municipal law-related topics at seminars and conferences conducted by the Illinois Municipal League, the Illinois Local Government Lawyers Association, and IICLE®. Jablecki received his B.A. from Ripon College and his J.D. from Chicago-Kent College of Law.
- Michael T. Jurusik
Michael T. Jurusik
Michael T. Jurusik is a Partner at Klein, Thorpe and Jenkins, Ltd., in Westmont, where he focuses his practice on municipal and local government law. Jurusik is a former President and guest speaker of the Local Government Section Council of the Illinois State Bar Association. He has been recognized as a Leading Lawyer by his peers consecutively since 2016. Jurusik is also an author and guest speaker on a variety of municipal law, land use, zoning law, and economic development topics at seminars and conferences conducted by the Illinois Municipal League, the Illinois State Bar Association, the International Municipal Lawyer’s Association, the West Central Municipal Conference, and IICLE®. He received his J.D. from Loyola University, where he was awarded the American Jurisprudence Award for Outstanding Academic Achievement.
- 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 a Partner with Hinshaw & Culbertson, LLP, in Chicago and Springfield, where she focuses on commercial litigation, media and intellectual property, construction, eminent domain, and appellate law. Seitz is a Member of the Review Board of the Attorney Registration and Disciplinary Commission, a Member of the Board of Directors of the Lincoln-Douglas American Inns of Court, and an Editorial Board Member of the Illinois Bar Journal. She received 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 focuses her practice on local government law. She serves on the Board of Directors for the Illinois Institute of Continuing Legal Education. Tappendorf is a member of the Legacy Project, Advancing Women in Local Government, and she has been selected for inclusion in Super Lawyers (2022 – 2024). Prior to her law career, she served in the United States Army, Military Intelligence Branch, as a Korean cryptologic linguist. She 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 (ARCHIVED 2020 EDITION)
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