Tag FOIA

Mayor is Not a “Public Body” Under FOIA

In 2022, an inmate sent a letter to the mayor of Taylorville, IL complaining about the City attorney and other matters. The letter also included a FOIA request for a copy of the letter. The City’s FOIA officer denied the… Continue Reading →

Recent PAC Decision Upholds Denial of Disclosure of Juvenile Police Reports

The Public Access Counselor (“PAC”) recently provided clarification of a difficult issue: the release of records involving juveniles. The PAC issued a binding opinion where it found that a Village did not violate the requirements of the Freedom of Information… Continue Reading →

Missing the FOIA Statutory Response Deadline Could Cost You 

The Fourth District Illinois Appellate Court recently heard a FOIA case pertaining to attorney fees, Martinez v. City of Springfield, 2022 IL App (4th) 210290. Plaintiff, Freddy Martinez, filed a complaint against the City of Springfield and the Springfield Police… Continue Reading →

Civil Penalties For FOIA Violations Survive Even After Documents Are Disclosed

Recently, in Staake v. Department of Corrections, 2022 IL App (4th) 210071, the Appellate Court heard a case pertaining to alleged FOIA violations. In 2018, an inmate, Jared Staake, filed two separate FOIA requests with the Illinois Department of Corrections… Continue Reading →

Appellate Court Ensures Privacy Protection Under The Juvenile Court Act From A FOIA Request Regarding A Deceased Minor

The Illinois Appellate Court recently heard a case, Calloway v. Chicago Police Department, 2022 IL App (1st) 210090, involving the Freedom of Information Act (FOIA) and whether the privacy provisions extend to deceased minors. In this case, Plaintiff brought suit… Continue Reading →

Attorney-Client Privilege As FOIA Exemption

It’s 2022 and the PAC is back! In its first opinion in 2022, in a binding opinion, the PAC ruled in favor of a public body in a FOIA appeal involving the attorney-client privilege exception of FOIA. On October 4, 2021,… Continue Reading →

Driver’s Personal Information Remains Protected

The Illinois Supreme Court recently heard Mancini Law Group, P.C. v. Schaumburg Police Department, 2021 IL 126675 involving the Freedom of Information Act (“FOIA” or the “Act”) where a personal injury law firm filed suit against the Schaumburg Police Department… Continue Reading →

City Clerk Violates FOIA for Redacting Residential Names

According to the Attorney General’s Public Access Opinion 21-007, Peter Czosnyka sent a FOIA (5 ILCS 140/1) request to the Chicago City Clerk’s Office seeking copies of “letters of exception: residential parking issued in the 45th Ward between 05/20/18 to… Continue Reading →

Failure to Timely Tender Copies of Mayor Lightfoot’s Text Messages Leads to Violation Section 3(b) of the FOIA Act

The AG’s office issued an opinion on August 31, 2021, concluding that the Mayor’s Office violated Section 3(b) of the FOIA Act (5 ILCS 140/3(d)) according to the Attorney General’s Public Access Opinion 21-008. Chicago Tribune reporter, Gregory Pratt, submitted… Continue Reading →

Court Rejects Civil Penalties for Failure to Comply With FOIA

The Second District Appellate Court recently affirmed a Winnebago County Court’s decision denying civil penalties against the State’s Attorney for failure to comply with plaintiff’s FOIA request. The Second District’s opinion in Williams v. Bruscato, 2021 IL App (2d) 190971… Continue Reading →

« Older posts

© 2024 Local Government Lowdown — Powered by WordPress

Theme by Anders NorenUp ↑