Seminar addresses FOIA changes
By CARRIE FRILLMAN cfrillman@daily-chronicle.com
DeKALB – About 100 people attended a seminar Monday at Northern Illinois University that addressed changes to government transparency laws.
The free session was the first of 11 scheduled to be held throughout Illinois aimed at raising awareness about modifications to the state's Freedom of Information Act and Open Meetings Act.
The new changes – which go into effect Jan. 1 – include reducing the time that public bodies have to respond to a FOIA request from seven days to five, limiting copy fees that public bodies can charge, making the first 50 pages of black-and-white copies free to the requester and recognizing the attorney general's public access counselor as the binding authority to enforce the act.
"The critical changes ... will help increase transparency at all levels of government in Illinois," Attorney General Lisa Madigan, who is sponsoring the statewide seminars, said in a written statement from her office. "The seminars are designed to ensure awareness of the changes in the laws by both the public and government officials."
Many who attended Monday's session said they worked in offices of school districts, law enforcement agencies or for municipalities.
Mary Scott, the village clerk of Stillman Valley, was among them. Scott has been serving as the clerk for just two years, she said, and she works to stay informed about new legislation.
"Every time you turn around, a law seems to change," Scott said. "I'm trying very hard to keep up."
Although she has attended separate informational meetings about FOIA, participants asked several questions Monday that she hadn't heard before, she said.
Amboy resident Leonard Mariston asked presenter Cara Smith, deputy chief of staff in Madigan's office, how to follow up with a written FOIA request that may be unclear.
"Exploring with a requester what it is they're looking for is different than asking them why they want it, " she said. "The focus isn't on why the requester's standing there, it's on what they're asking for."
In many cases, determining whether a document is subject to FOIA comes down to the issue of whether or not it's public, Smith said.
The office of the public access counselor will be available to answer any questions individuals may have, she stressed, noting that Illinois will be the fifth state in the U.S. to have such a resource.
"We envision this to be a very flexible office with an open door policy for any issues that do come up," she said. "It's to provide a place to settle these types of questions."
Legislation at a glance
Senate Bill 189, which was signed into law Aug. 17 by Gov. Pat Quinn, will strengthen the Illinois Freedom of Information Act. The bill:
• Requires public bodies to appoint FOIA officers who must receive annual training on compliance with the act.
• Makes the attorney general's public access counselor a permanent position, and empowers the counselor with binding authority to enforce the act.
• Shortens the time that public bodies have to respond to a FOIA request from seven days to five. A public body that misses the deadline cannot charge for copies.
• Shortens the time that public bodies can request an extension from seven days to five. A public body that misses the deadline cannot cite the exemption that the request is unduly burdensome.
• Requires public bodies that cite the personal privacy or preliminary draft exemptions first get approval from the counselor.
• Limits copying fees that public bodies can charge, and requires that the first 50 pages of black-and-white copies be provided free to the requester.
• Establishes civil penalties between $2,500 and $5,000 for public bodies that willfully violate the act. It also requires courts to award attorneys' fees to FOIA requesters who prevail in litigation.
SOURCE: Illinois Attorney General's Office
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