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PAC Issues Non-Binding Opinions Regarding Applicability of OMA to Board Committees

The Illinois Public Access Counselor (PAC) recently issued two non-binding opinions concerning the applicability of Open Meetings Act (OMA) requirements to board committees....more

FOIA Does Not Require Public Bodies to Compel Production of Third-Party Records

The Illinois Appellate Court recently ruled that the Freedom of Information Act (FOIA) does not obligate a public body to produce records that it does not already maintain in response to a FOIA request. Further, the Court...more

PAC Issues Binding Opinion Regarding the Applicability of Predecisional Exemption to Employee Survey Results

Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Freedom of Information Act (FOIA). In the decision, the PAC upholds a school’s decision to utilize the Section 7(1)(f) (predecisional)...more

PAC Issues Two Decisions in Favor of School District Decisions to Withhold Student Records and Proprietary Information

Recently, the Public Access Counselor (PAC) issued two non-binding opinions concerning the Freedom of Information Act (FOIA), both upholding school district decisions to exert exemptions and withhold key documents under the...more

PAC Issues Two New Binding Opinions Concerning FOIA

The Illinois Public Access Counselor (PAC) recently issued two new binding opinions concerning the FOIA—one upholding a public body’s denial of a FOIA request for union records and another finding application materials for...more

Illinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly Burdensome Exemption

The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more

PAC Issues New Binding Opinion Regarding Personal and Pre-Decisional Exemptions Under FOIA

The PAC recently released its second binding opinion of 2022, which provides helpful analysis and guidance regarding the personal and pre-decisional exemptions under the FOIA. The PAC determined that the City of Chicago...more

PAC Issues Binding Opinion Finding in Favor of Public Body’s Use of the Attorney-Client FOIA Exemption

In its first binding opinion of the year, the Public Access Counselor (PAC) provides further clarity to the attorney-client privilege exemption under Section 7(1)(m) of the Freedom of Information Act (FOIA). Specifically, the...more

Illinois Supreme Court Issues Decision Upholding Private and Personal Redactions Under FOIA

Recently, the Illinois Supreme Court issued a decision regarding the FOIA, upholding a public body’s redaction of traffic accident reports pursuant to Sections 7(1)(b) and 7(1)(c) of the FOIA....more

FOIA Decisions Clarify Burden of Proof for Invoking Pre-decisional, Attorney-Client, and Security Measures Exemptions

Two recent Illinois Appellate Court opinions provide public bodies clarity regarding the pre-decisional, attorney-client, and security measures exemptions of the FOIA. In the first case, Chicago Public Media v. Cook County...more

First Quarter 2021 Illinois FOIA & OMA Update

PRE-DECISIONAL & DELIBERATIVE PROCESS UPDATES U.S. - SUPREME COURT DECISION - On March 4, 2021, the U.S. Supreme Court issued a decision in United States Fish and Wildlife Service v. Sierra Club addressing the “deliberative...more

OK to Deny FOIA Request for Nonexistent Records

In a recent decision, the Illinois Appellate Court held that the nonexistence of requested documents is an affirmative defense to a complaint grounded in the Freedom of Information Act. The court also clarified that public...more

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