29:
214:
complaint informally, it is more likely that the PAC would have ruled against the public body anyway. Usually, cases are informally resolved once the public body releases records that should not have been withheld in the first place. Requesters often wait months or years before their appeals are resolved by the PAC. Of the more than 28,000 appeals filed with the PAC from
January 2010 through August 2018, over 3,800 appeals took more than one year to resolve, and about 500 took more than four years to resolve.
210:
binding opinions are subject to legal challenge in the courts, the PAC is intentionally conservative in issuing them, seeing itself as an alternative to litigation. The PAC generally issues binding opinions on "issues of broad public interest", and is careful to research each case to ensure that its opinions are upheld upon judicial review. Journalists and news organizations are more likely than private citizen requesters to receive a binding opinion.
218:
or mediation, withdrawn, untimely, or otherwise procedurally defective. Dispositions can also be non-substantive because the complaints were not directed at public bodies, because a lawsuit has been filed concerning the same issue, or because the public body responded to the FOIA request after the PAC intervened. Cases that are still under review are marked "open". Substantive dispositions, specifically for FOIA, include the following:
171:". All records related to governmental business are presumed to be open for inspection by the public, except for information specifically exempted from disclosure by law. Once a person submits a request to inspect public records, the public body is required to respond within deadlines specified by FOIA. Public bodies are authorized to deny access to certain types of information enumerated by FOIA and other statutes.
289:. With this new law, requesters were allowed to submit "requests for review" to the PAC, which became a more viable alternative to litigation because it provided a level "playing field" between two government agencies (the PAC and the public body being challenged), rather than pitting private citizens against public bodies with more resources. The General Assembly also authorized the PAC to issue
266:
312:
After receiving its new enforcement powers, the PAC quickly became backlogged, handling nearly 6,500 requests for review from
January 2010 through April 2011. Requesters often had to wait over 3 months before their appeals were resolved. Nonetheless, supporters viewed the backlog as a sign of growing
217:
The PAC maintains a dataset to internally track all requests for review. Each case is labeled with one of 32 codes, to indicate the "disposition" or outcome of each complaint. Dispositions can be substantive or not. Non-substantive dispositions include complaints that were resolved through agreement
209:
If the PAC issues a binding opinion, the result is binding on the requester and the public body, but either side may continue to appeal in court under administrative review. Binding opinions are rare, as they are issued for only less than half of one percent of complaints submitted to the PAC. Since
205:
or its subsidiary bodies may not be appealed to the PAC. The PAC may issue a binding opinion within 60 days of receiving the request for review, and this timeline may be extended by an additional 21 days. If a member of the public believes that a public body has violated OMA, that person must file a
349:
was instrumental in securing the release of a video recording of McDonald's murder in
November 2015, while the PAC's involvement was delayed and its opinion non-binding. By 2018, journalists and citizen activists filed at least 10 appeals to the PAC after Chicago officials blocked requests for
222:
FOIA non-violation, request for review is unfounded – The PAC determines that it does not need to initiate a formal review, and finds that the public body did not violate FOIA. These complaints are found to have no merit, or the requester has not provided facts to allege an actual violation of
213:
When the PAC declines to issue a binding opinion, it is no longer bound by any statutory deadlines to resolve the matter. It may issue a non-binding or advisory opinion, resolve the dispute through mediation, or decide to take no further action on the matter. When the PAC chooses to resolve a
281:
established the Public Access and
Opinions Division in December 2004, and appointed Terry Mutchler as the first Public Access Counselor. The PAC could mediate disputes and write letters to encourage public bodies to comply with FOIA. However, the PAC had no formal enforcement powers, and its
328:
published a report on the PAC in 2018, labeling it "an overwhelmed and inconsistent enforcement system". The PAC has rarely used its full authority to enforce FOIA and OMA, and violators have faced few consequences for ignoring the PAC's opinions. Bruce
Rushton, a journalist for the
282:
capacities were merely advisory and non-binding. This left the practical burden on requesters to pursue lengthy, time-consuming litigation. Requesters were not likely to appeal to the courts, creating a natural deterrent that public bodies leveraged to avoid full compliance.
303:
From 2013 through 2021, the PAC processed approximately 3,500 FOIA complaints and 360 OMA complaints per year, and that volume dropped by over 10 percent in 2022. The
Attorney General's office attributed the decline to better training for public officials.
178:(OMA) is a related Illinois statute that grants to all persons the right to attend meetings in which public business is discussed. "Public bodies", defined similarly as in FOIA, are required to provide advance notice of meetings to the public and maintain
313:
pains and an expected outcome of the new enforcement mechanisms. Terry
Pastika, executive director of the Citizen Advocacy Center, viewed the new appeals process as an "enormous improvement" from before, despite the delays.
790:
656:
296:
The
Illinois States Attorneys Association objected to the changes, as the Attorney General and the PAC acquired an expanded role under the new law. The Association suggested that the role of the
464:
431:
182:
for public inspection. All discussions of public business are presumed to be open to the public, except for matters specifically exempted by law. OMA also requires public bodies to allow
504:
246:
757:
335:, suggested "pull the plug on the PAC's office", contending that the Attorney General's office is too politicized to resolve disputes concerning other public bodies.
229:
FOIA violation, PAC disagrees with public body's asserted exemption – The PAC determines that the public body improperly asserted an exemption to deny a FOIA request.
226:
FOIA non-violation, public body's asserted exemption is proper – The PAC determines that the public body properly asserted an exemption when denying a FOIA request.
690:
620:
257:. For OMA requests for review, disposition codes are generic and do not identify the specific requirements of OMA that were alleged to have been violated.
780:
651:
611:
646:
206:
complaint with the PAC within 60 days of the alleged violation. The timeline for the PAC to make a decision under OMA is similar to that under FOIA.
454:
421:
233:
Of the cases resolved with substantive dispositions, the PAC has found roughly 30% to have been FOIA violations. Top offenders include the City of
577:
568:
526:
494:
350:
records related to the incident, but most appeals stayed open for several months or years. The PAC issued one binding opinion in this matter,
527:"Madigan Releases Open Government Statistics; More than 75 Percent of Cases Open in 2005 were Requests for Assistance from Illinois Citizens"
351:
286:
250:
201:
If a public body denies a FOIA request, the requester may appeal to the PAC within 60 days of the FOIA denial. However, FOIA requests to the
148:
124:
164:
818:
386:
135:, a group of more than one dozen attorneys who process complaints against public bodies and provide education to the public on
745:
300:
should be expanded instead. As of 2019, the PAC employed 13 full-time attorneys, three supervisors, and four support staff.
753:
499:
238:
382:
346:
682:
316:
Although the PAC may issue subpoenas to obtain more information, it has declined to exercise its authority to do so.
293:
and file lawsuits in the circuit courts to force compliance with a binding opinion or prevent violations of the law.
723:
603:
175:
128:
530:
342:
254:
202:
120:
93:
713:
234:
28:
190:
160:
103:
59:
455:"The flip side of FOIA: Mountains of paper, small government staffs and — for some — an attitude problem"
69:
560:
354:, ordering the Police Department to release private emails from officers related to McDonald's murder.
534:
781:"The Laquan McDonald Shooting Keeps Exposing Critical Flaws in Illinois' Freedom of Information Act"
561:"The Sun Peeking Around the Corner: Illinois' New Freedom of Information Act as a National Model"
324:
297:
718:
242:
604:"Survey of Illinois Law: New Freedom of Information Act – Peeking Behind the Paper Curtain"
459:
285:
The PAC received additional enforcement powers on
January 1, 2010, after the passage of
375:
345:
by an officer of the
Chicago Police Department in October 2014. A lawsuit filed in the
331:
183:
156:
812:
422:"Citizens Count on the Illinois Freedom of Information Act but Keep Getting Shut Out"
189:
Persons alleging a violation of FOIA or OMA may file a complaint with the PAC or the
168:
278:
270:
495:"Analysis: Illinois Law Hasn't Stopped Public Agencies From Withholding Records"
265:
785:
647:"Illinois AG's office sees the fewest public access help requests in a decade"
426:
341:
further criticized the PAC's weak enforcement actions in the aftermath of the
318:
290:
152:
136:
179:
104:
https://www.illinoisattorneygeneral.gov/open-and-honest-government/pac/
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in the state. The law applies to executive and legislative bodies of
376:
A Citizen’s Guide to Using the Illinois Freedom of Information Act
264:
155:
statute that grants to all persons the right to copy and inspect
400:– via Fox River & Countryside Fire/Rescue District.
273:
created the Public Access Counselor position in 2004.
746:"Illinois FOIA Appeals Linger With No End In Sight"
99:
89:
75:
65:
55:
40:
35:
247:Illinois Department of Central Management Services
681:Kidwell, David; Cohen, Jodi S. (April 2, 2011).
683:"Backlogs, leniency on new public records law"
383:Southern Illinois University Board of Trustees
123:who is responsible for enforcing the state's
8:
21:
374:Paul Simon Public Policy Institute (2011).
27:
612:Southern Illinois University Law Journal
626:from the original on September 21, 2015
569:Connecticut Public Interest Law Journal
363:
793:from the original on December 26, 2020
507:from the original on December 30, 2021
434:from the original on December 26, 2020
119:) is an attorney in the office of the
20:
16:Bureau under Illinois Attorney General
744:Slania, John T. (November 17, 2016).
676:
674:
659:from the original on November 9, 2023
583:from the original on December 9, 2020
415:
413:
411:
409:
407:
392:from the original on December 7, 2020
251:Illinois Department of Transportation
82:Leah Bartelt, Public Access Counselor
7:
554:
552:
488:
486:
484:
482:
453:Kueppers, Courtney (April 9, 2021).
369:
367:
760:from the original on March 27, 2023
712:Craver, Kevin P. (August 5, 2010).
352:Public Access Opinion 16‑006
714:"Frequent filers weigh in on FOIA"
493:Haider, Annum (January 10, 2019).
467:from the original on June 18, 2021
131:(OMA). The PAC is the head of the
14:
779:Dumke, Mick (December 19, 2018).
693:from the original on June 9, 2021
167:, and other entities defined as "
533:. March 14, 2006. Archived from
420:Dumke, Mick (October 11, 2018).
113:Illinois Public Access Counselor
645:Griffin, Jake (July 29, 2023).
1:
754:Better Government Association
500:Better Government Association
239:University of Illinois system
347:Circuit Court of Cook County
559:Klaper, Sarah (Fall 2010).
835:
819:State agencies of Illinois
529:(Press release). Chicago:
149:Freedom of Information Act
125:Freedom of Information Act
531:Illinois Attorney General
343:murder of Laquan McDonald
255:Chicago Police Department
165:units of local government
121:Illinois Attorney General
94:Illinois Attorney General
26:
750:Illinois Answers Project
191:Illinois circuit courts
602:Helle, Steven (2010).
274:
60:Government of Illinois
268:
139:' transparency laws.
70:Springfield, Illinois
133:Public Access Bureau
22:Public Access Bureau
537:on October 17, 2020
23:
275:
186:at every meeting.
44:December 2004
325:Chicago Sun-Times
287:Public Act 96-542
277:Attorney General
269:Attorney General
176:Open Meetings Act
129:Open Meetings Act
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90:Parent department
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76:Bureau executive
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36:Bureau overview
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332:Illinois Times
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235:East St. Louis
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184:public comment
157:public records
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619:: 1089–1105.
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169:public bodies
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151:(FOIA) is an
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118:
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88:
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34:
30:
25:
19:
795:. Retrieved
784:
774:
764:November 20,
762:. Retrieved
749:
739:
729:November 30,
727:. Retrieved
717:
707:
695:. Retrieved
686:
661:. Retrieved
652:Daily Herald
650:
640:
630:December 11,
628:. Retrieved
616:
610:
597:
587:December 11,
585:. Retrieved
573:
567:
541:December 10,
539:. Retrieved
535:the original
521:
509:. Retrieved
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469:. Retrieved
458:
448:
438:November 21,
436:. Retrieved
425:
396:November 28,
394:. Retrieved
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279:Lisa Madigan
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271:Lisa Madigan
232:
216:
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173:
146:
132:
116:
112:
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66:Headquarters
56:Jurisdiction
18:
797:December 6,
697:December 2,
663:November 9,
511:January 12,
127:(FOIA) and
786:ProPublica
724:Shaw Media
427:ProPublica
381:(Report).
358:References
339:ProPublica
319:ProPublica
241:, City of
143:Background
308:Reception
291:subpoenas
813:Category
791:Archived
758:Archived
691:Archived
657:Archived
621:Archived
578:Archived
505:Archived
471:June 12,
465:Archived
432:Archived
387:Archived
322:and the
153:Illinois
137:Illinois
261:History
197:Process
180:minutes
100:Website
48:2004-12
46: (
253:, and
243:Joliet
41:Formed
624:(PDF)
607:(PDF)
581:(PDF)
576:(1).
564:(PDF)
390:(PDF)
379:(PDF)
223:FOIA.
799:2020
766:2023
731:2020
699:2020
665:2023
632:2020
589:2020
543:2020
513:2022
473:2022
440:2020
398:2020
174:The
147:The
111:The
193:.
117:PAC
815::
789:.
783:.
756:.
752:.
748:.
722:.
716:.
689:.
685:.
673:^
655:.
649:.
617:34
615:.
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574:10
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503:.
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463:.
457:.
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475:.
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115:(
50:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
