Record. Applicable Ever FOIA. lack of

Transcription

1 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 1 file # /15/13 University Northeastern Dismissed for 1.2 applies to only public bodies. Requester asked for records pertaining Illinois University lack of to all of the "legal fees incurred and paid" by the to defend jurisdiction. four litigation cases. All legal fees after June 2010 were paid by the Public 's insurance carrier. s concerning these later fees were not records of the /21/13 Prison Ill. Dept. of Questions ignored. No Overruled 1.2 Corrections /22/13 County Clerk DeWitt County Clerk record of code No Sustained 1.2 Clerk amendments does not require a public body to answer questions in response to a request. does not require a public body to create records where none previously existed, only to turn over those documents within it's control /21/13 Prison Ill. Dept. of Questions ignored. No Denied. 1.2 does not require bodies to answer questions, only to produce Corrections documents /22/13 County Clerk DeWitt County County Board meeting No Sustained 1.2 No minutes covering the relevant subject exist. Clerk minutes /27/13 Municipality Gardner (Village) s released by the Yes Denied. 7.1 Fire Protection District The Act provides that a public body has discretion in determining whether to withhold information that is exempt. Disclosure of exempt information by a public body does not violate and is not subject to review by the Public Acess Counselor. District allegedly revealed exempt personal information about a firefighter /28/13 Private Not Dismissed for 2(a) applies to only public bodies. Business lack of jurisdiction. 184 Ill. App. 3d 28, 32 (4th Dist. 1989) 229 Ill. App. 3d 459, 464 (2nd Dist. 1992) 184 Ill. App. 3d 28, 32 (4th Dist. 1989) /11/13 Judiciary Ill. Supreme Court Pleadings in a case. No Sustained 2(a) /14/13 Judiciary Whiteside County Probation reports, driving Yes Denied 2(a) Court Services records, victim medical Dept. records, victim impact statements /14/13 Judiciary Whiteside County Probation reports, driving No Overruled 2(a) Court Services records, victim medical Dept. records, victim impact statements does not list the judicial branch or its agents among the public bodies subject to. The General Assembly's intent was to exclude the judiciary from the disclosure requirements of. is not the vehicle to use to obtain copies of such records. The Court Services Dept. is part of the judical branch; does not list the judicial branch or its agents among the public bodies subject to. is not the vehicle to use to obtain copies of such records. The Court Services Dept. is part of the judicial branch; does not list the judicial branch or its agents among the public bodies subject to.. The General Assembly's intent was to exclude the judiciary from the disclosure requirements of. is not the vehicle to use to obtain copies of such records. 394 Ill. App. 3d 602 (1st Dist. 2009); 271 Ill. App. 3d 548 (2d Dist. 1995) 394 Ill. App. 3d 602 (1st Dist. 2009); 271 Ill. App. 3d 548 (2d Dist 1995) 394 Ill. App. 3d 602 (1st Dist. 2009); 271 Ill. App. 3d 548 (2d Dist 1995

2 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 2 file # /14/13 Judiciary Whiteside County Dismissed for 2(a) Court Services lack of Dept. jurisdiction. The Whiteside County Court Services Dept. is an agency of the judical branch. does not list the judicial branch or its agents among the public bodies subject to. The General Assembly's intent was to exclude the judiciary from the disclosure requirements of. is not the vehicle to use to obtain copies of such records. 394 Ill. App. 3d 602 (1st Dist. 2009); 271 Ill. App. 3d 548 (2d Dist /12/13 Judiciary Will County Dismissed for 2(a) Judicial Circuit lack of jurisdiction. The Will County Judicial Circuit is an agency of the judicial branch. does not list the judicial branch or its agents among the public bodies subject to. The General Assembly's intent was to exclude the judiciary from the disclosure requirements of. is not the vehicle to use to obtain copies of such records. 394 Ill. App. 3d 602 (1st Dist. 2009); 271 Ill. App. 3d 548 (2d Dist. 1995) /26/13 Municipality Palatine (Village) All records concerning Yes Ordered to 2(c-5) Police Dept. investigation of an April 1997 murder /27/13 County DuPage County s pertaining to any Yes Ordered to 2(c) Senior Services and all financial assistance A name is not private information under the Act. Where the legislature intended to exempt a person's identity from disclosure, it has done so explicitly. The legislature did not explicitly include names within the statutory definition of private information. The rendering of financial assistance by the is public business, and any records documenting that assistance pertain to the transaction of public business. Although portions of records pertaining to the transaction of public business which contain sensitive information may be exempt under Section 7 of, such records are nonetheless public records. 176 Ill. 2d 401, 411 (1997) /27/13 State Agency Ill. Dept. on Aging s pertaining to any Yes Ordered to 2(c) and all financial assistance The rendering of financial assistance by the is public business, and any records documenting that assistance pertain to the transaction of public business. Although portions of records pertaining to the transaction of public business which contain sensitive information may be exempt under Section 7 of, such records are nonetheless public records /11/13 Judiciary Ill. Supreme Court Pleadings in a case. Yes Denied. 2a does not list the judicial branch or its agents among the public bodies subject to. The General Assembly's intent was to exclude the judiciary from the disclosure requirements of. is not the vehicle to use to obtain copies of such records. 394 Ill. App. 3d 602 (1st Dist. 2009); 271 Ill. App. 3d 548 (2d Dist. 1995)

3 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 3 file # /19/13 Prison Ill. Dept. of Dismissed as 3(g) The Act allows a public body to deny a request if it is identical to a Corrections identical to a prior request by the same person. The request under review was identical to previous a previous one, so the properly denied the request. request /19/12 Prison Ill. Dept. of Dismissed as 3(g) Corrections identical to a previous request /20/13 Municipality Gardner Fire Audit reports and all Yes Ordered to 3(g) Protection District records submitted between auditor and district /11/13 Police Chicago (City) Police records concerning Yes Ordered to 3(g) Police Dept. a criminal case. The Act specifically allows a public body to deny a request if it is identical to a prior request by the same person. The request under review was identical to a previous one, so the properly denied the request. The argued that disclosing all requested documentation would Ill. Att'y Gen. be unduly burdensome under 3(g), but it failed to give specific reasons why Req. Rev. Ltr. complying would be unduly burdensome. Also, the is foreclosed from using 3(g) because it failed to offer requester an opportunity to narrow his request. The has not set forth facts that would provide clear and convincing evidence that complying with the request would be unduly burdensome. Additionally, the requester states that the case file is needed to "investigate and prepare a proper appeal." The public interest in the disclosure of these records outweighs any burden on the /25/13 Prison Ill. Dept. of s concerning Yes Denied. 3(g) Corrections inmate injuries at a prison bakery from June 1, 2004, to Oct. 20, The has not set forth facts that would provide clear and convincing evidence that complying with the request would be unduly burdensome. Compliance would require the to review thousands of non-responsive records in order to identify incident reports concerning bakery injuries. The burden on the of compliance with the request would outweigh the public interest in disclosure /10/13 Municipality Chicago (City) s presumed to be No Overruled 3a Alderman possessed by a member of the City Council. An alderman is an individual public officer, not a public body. applies to only public bodies. 211 Ill. App. 3d 809, 812 (1st Dist. 1991)

4 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 4 file # /01/13 Police Cook County s concerning Yes Moot. 5(b) The reports that it no longer maintains the requested records, Sheriff's Office processing of a crime which were more than ten years old and were disposed of in accordance scene on September 17, with the Illinois s Retention Act /18/13 Prison Ill. Dept. of Work orders for 2011 Yes Moot. 5(b) Corrections concerning a prison shower /27/13 School Quincy Public s of a fiscal year Yes Moot. 5(b) District School District resolution for a specified transaction /28/13 School Quincy Public s of three fiscal Yes Moot. 5(b) District School District year 1992 resolutions for specific transactions, a specified budget authorization, and two specified ledger accountings /29/13 Police Chicago (City) Letter of determination Yes Moot. 5(b) Independent Police does not describe specific Review Authority records sought /07/13 Municipality Chicago (City) List of all licensed Yes Moot. 5(b) Dept. of Public commissaries in Chicago Health that meet current criteria for licensing a food truck /29/13 Police Ill. State Police Letter of determination Yes Moot. 5(b) does not describe specific records sought. After investigation, the again reports it has no records responsive to the request. After investigation, the again reports it has no records responsive to the request. After investigation, the again reports it has no records responsive to the request. After investigation, the again reports it has no records responsive to the request. After investigation, the again reports it has no records responsive to the request. After investigation, the again reports it has no records responsive to the request. 164 F.3d 20, 28 (D.C. Cir. 1998) /27/13 Prison Ill. Dept. of Memos concerning Yes Moot. 5(b) The reports it has no records responsive to the request. Corrections showers and laundry.

5 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 5 file # /04/13 Municipality Albion (City) Failure to respond to Yes Moot. 5(b) The reports it has no records responsive to the request. The 164 F.3d 20, 28 request for records investigation was conducted only after appeal to. (D.C. Cir. 1998) supporting City's position regarding whether OMA applies to City's volunteer fire dept /19/13 Police Lewistown (City) All citizen Yes Moot. 5(b) Police Dept. complaints/grievances filed with Lewistown Police Dept. between July 1, 2012, and December 31, /04/12 Whether a $1 fee for the Denied. 6(a) reproduction of information on a compact disc is proper under /11/13 Police Ill. State Police Failure to respond to Yes Ordered to 9.5(a) requests for records of two drug-crime investigations conducted in The reports that it has no records responsive to the request. The originally denied the request under 3(g) as unduy burdensome. After request for review, the responded that it misapplied 3(g). The was reminded to adhere to online training requirements for officers. The Act provides that when a person requests a copy of a record maintained in an electronic format, the public body shall furnish it in the electronic format specified by the requester, if feasible. A public body may charge the requester for the actual cost of purchasing the recording medium, whether disc, diskette, tape, or other medium. A $1 fee is feasible and comports with. An agency must disclose documents if a requester "reasonably describes" the records he or she seeks and complies with applicable rules and procedures. A request reasonably describes records if the agency is able to determine precisely what records are being requested. The request in this case met that standard. 73 F.3d 386, 388 (D.C. Cir. 1996); 678 F.2d 315, 326 (D.C. Cir. 1982) /06/13 Prison Ill. Dept. of Failure to respond (letter Yes Ordered to 9.5(a) Responsive records were furnished after appeal to. Corrections does not describe specific records sought) /21/13 State Agency Ill. Dept. of Human Failure to respond Yes Ordered to 9.5(a) Responsive records were furnished after appeal to. Services "appropriately" (letter does not describe specific records sought or why requester considered agency's response inappropriate).

6 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 6 file # /22/13 State Agency Ill. Environmental Failure to respond (letter Yes Ordered to 9.5(a) Responsive records were furnished after appeal to. Protection Agency does not describe specific records sought) /22/13 State Agency Ill. Environmental Failure to respond (letter Yes Ordered to 9.5(a) Responsive records were furnished after appeal to. Protection Agency does not describe specific records sought) /29/13 State Agency Ill. Secretary of Failure to respond (letter Yes Ordered to 9.5(a) Responsive records were furnished after appeal to. State does not describe specific records sought) /25/13 General Ill. Legislative Status of proposed No Overruled 9.5a Assembly Reference Bureau legislation /25/13 General Ill. Legislative Status of proposed No Denied 9.5a Assembly Reference Bureau legislation /21/13 General Ill. Legislative Failure to respond No Overruled 9.5a Assembly Audit Commission /21/13 General Ill. Legislative Failure to respond No Denied. 9.5a Assembly Audit Commission /26/13 Municipality Palatine (Village) All records concerning No Ordered to 9(b) Police Dept. investigation of an April 1997 murder. The Illinois Legislative Reference Bureau is an agency of the General Assembly, and 9.5a expressly precludes a request for review of denials made by such an agency. The Illinois Legislative Reference Bureau is an agency of the General Assembly, and 9.5a expressly precludes a request for review of denials made by such an agency. The Legislative Audit Commission is a commission of the General Assembly, and 9.5a expressly precludes a request for review of denials (or failures to respond) by such a body. The Legislative Audit Commission is a commission of the General Assembly, and 9.5a expressly precludes a request for review of denials (or failures to respond) by such a body. When a request for public records is denied on the grounds of an exemption under section 7 of the Act, the notice of denial must specify the exemption claimed. Failure to do so means that all responsive records must be provided to the requester, with personal and private information redacted /25/13 Municipality Des Plaines (City) Police records for two Yes cases scheduled to be tried at the next court date. Ordered to X- Mere commencement of an investigation or prosecution alone does not Ill. Att'y Gen. CopsActive preclude the disclosure of law enforcement records. Rather, clear and Req. Rev. Ltr. convincing evidence must be provided as to how disclosure of such records 6939, issued March would interfere with the proceedings. The has failed to meet its burden. 24, 2011; Ill. Att'y Gen. Req. Rev. Ltr , issued June 6, 2011

7 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 7 file # /01/13 Municipality Benton (City) Billing records from a law No Denied. X-DidIt Certain types of a law firm's billing records may contain information that 294 Ill. App. 3d firm that contain reveals the substance of confidential attorney-client discussions. Such 193, 201 (1st Dist. information about information may be redacted. 1997) privileged attorney-client discussions /12/13 Prison Ill. Dept. of Internal audits of two No Denied. X-DidIt The Act specifically exempts materials prepared or compiled with Corrections correctional centers. respect to internal audits of public bodies /13/13 Prison Illinois Department Mental health records of No Sustained X- A is not required to provide copies of records requested by an of Corrections requesting inmate. JailJustAsk inmate when those materials are available through an administrative request /19/12 Prison Ill. Dept. of Medical records. Yes Denied. Corrections /19/13 Prison Ill. Dept. of s of medical X- Yes Denied. Corrections rays /22/13 Prison Ill. Dept. of Warden's memorandum on No Sustained Corrections sentencing credit X- JailJustAsk X- JailJustAsk The Act specifically exempts from disclosure records requested by an inmate when those materials are available through an administrative request. The Act specifically exempts from disclosure records requested by an inmate when those materials are available through an administrative request. X-JailRead A is not required to provide copies of records requested by an inmate when those records are already available in the library of the facility where the inmate was confined /22/13 Prison Ill. Dept. of Warden's memorandum on Yes Denied. Corrections sentencing credit. X-JailRead The Act specifically exempts from disclosure records requested by an inmate when those records are already available in the library of the facility where the inmate was confined /08/13 Municipality Matteson (Village) Results of an unsuccessful No Denied. Village job applicant's medical, psychological and polygraph exams. X- JobTestChe at /27/13 State Agency Ill. Dept. of Preliminary drafts of No Denied. X-Memo Healthcare and proposed Medicaid State Family Services Plan Amendments. The Act exempts from disclosure test questions, scoring keys, and other examination data used to determine the qualifications of an application for a license or employment. The requested exam results fall within the meaning of "other examination data." exempts from disclosure records that are preliminary drafts or other predecisional material in which opinions and recommendations are discussed. The records requested were proposed State Plan Amendments that met the statutory exemption for preliminary material. 141 Ill. App. 3d 394, (1st Dist. 1986); 395 Ill. App. 3d 762, 768 (1st Dist. 2009)

8 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 8 file # /06/13 Municipality Metropolitan Water Copy of a compensation No Denied. X-Memo The Act exempts from disclosure preliminary drafts, notes, 344 Ill. App. 3d Reclamation study of the 's recommendations, memoranda, and other records in which opinions are 242, 247 (1st Dist. District of Greater nonrepresented expressed, or policies or actions are formulated. This exemption is 2003) Chicago employees. intended to encourage frank and open discussion among agency employees before a decision is made. Under case law, a finished study may be exempt if it is used as a preliminary document in the decision-making process. The requested study meets that description and is therefore exempt /03/13 Municipality Carroll (County) Minutes of the Public Yes Denied. X-OMA Fire Protection 's closed sessions that District took place in August, September, and October The Act exempts from disclosure the minutes of closed meetings until those minutes are made available to the public pursuant to section 2.06(d) of OMA. The requested minutes are still confidential and have not been made public by the. The minutes are therefore exempt from disclosure /26/13 Municipality Palatine (Village) All records concerning No Denied. Police Dept. investigation of an April 1997 murder. X-PersInfo Birth dates, medical history information, emergency contact information, the names and photographs of "filler" persons from photographic lineups, and the names of third-party individuals are deemed to be personal information. The Act specifically exempts from disclosure records containing unsuppressed personal information, unless such disclosure is consented to in writing by the individual subjects of the information /11/13 Municipality Arlington Heights Incident report, including No Denied. (Village) suspect's name and other unique identifiers /14/13 Police Lockport (City) All police reports No Denied. Police Dept. regarding an incident on October 30, X-PersInfo Reports concerning allegations of criminal conduct that do not lead to an arrest or filing of charges are deemed to be personal information. The Act specifically exempts from disclosure records containing unsuppressed personal information, unless such disclosure is consented to in writing by the individual subjects of the information. X-PersInfo Reports concerning allegations of criminal conduct that do not lead to an arrest or filing of charges are deemed to be personal information. The Act specifically exempts from disclosure records containing unsuppressed personal information, unless such disclosure is consented to in writing by the individual subjects of the information. Ill. Att'y Gen. Req. Rev. Ltr , issued June 9, F. Supp. 2d 15, 23 (D.D.C. 2009); Ill. Att'y Gen. Pre-Auth. al9687, Ocober 18, 2010

9 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 9 file # /06/13 Police McHenry County Personal letters written by No Denied. X-PersInfo The requested letters are deemed to be personal information. The Sheriff's the victim of a fatal Act specifically exempts from disclosure records containing unsuppressed Department accident that took place on personal information. train tracks near Crystal Lake; the letters were part of the law enforcement investigation into the accident /26/13 Municipality Palatine (Village) All records concerning No Denied. Police Dept. investigation of an April 1997 murder. X-PrivInfo The Act exempts as private information personal telephone numbers, home addresses, Social Security numbers, driver's license numbers, personal license plate numbers and other unique identifiers /27/13 County DuPage County s pertaining to any Yes Social Services and all financial assistance /27/13 State Agency Ill. Dept. on Aging s pertaining to any Yes and all financial assistance Ordered to Ordered to X-PrivInfo The Act exempts from disclosure unique identifiers, such as a person's Social Security number or driver's license number. s documenting the amount of financial assistance to an individual are not unique identifiers within the scope of the definition. X-PrivInfo The Act exempts from disclosure unique identifiers, such as a person's Social Security number or driver's license number. s documenting the amount of financial assistance to an individual are not unique identifiers within the scope of the definition /27/13 County DuPage County s pertaining to any Yes Ordered to Senior Services and all financial assistance /27/13 State Agency Ill. Dept. on Aging s pertaining to any Yes Ordered to and all financial assistance /26/13 School Maine Township Computer records relating No Denied. District H.S. Dist. 207 to a disciplinary investigation. The has not demonstrated that the Illinois Administrative Code prohibits disclosure of records documenting financial assistance to an individual, so long as the information does not identify the The has not demonstrated that the Illinois Administrative Code prohibits disclosure of records documenting financial assistant to an individual, so long as the information does not identify the The Abused and Neglected Child Reporting Act specifically exempts from disclosure all records concerning reports of child abuse. 254 Ill. App. 3d 14, 22 (2nd Dist. 1993) /27/13 County DuPage County s pertaining to any Yes Senior Services and all financial assistance Ordered to The Illinois Elder Abuse and Neglect Act protects the confidentiality of reports concerning elder abuse, neglect, financial exploitation, and selfneglect. The records in question do not concern such allegations and are not exempt from disclosure.

10 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 10 file # /27/13 State Agency Ill. Dept. on Aging s pertaining to any Yes Ordered to The Illinois Elder Abuse and Neglect Act protects the confidentiality of and all financial assistance reports concerning elder abuse, neglect, financial exploitation, and selfneglect. The records in question do not concern such allegations and are not exempt from disclosure /26/13 School Maine Township Investigatory records No Denied. District H.S. Dist. 207 preceding a disciplinary action /26/13 School Maine Township Computer records relating No Denied. District H.S. Dist. 207 to a disciplinary investigation. The Abused and Neglected Child Reporting Act specifically exempts from disclosure all records concerning reports of child abuse. The Abused and Neglected Child Reporting Act specifically exempts from disclosure all records concerning reports of child abuse. 254 Ill. App. 3d 14, 22 (2nd Dist. 1993) 254 Ill. App. 3d 14, 22 (2nd Dist. 1993) /26/13 School Maine Township Investigatory records No Denied. District H.S. Dist. 207 preceding a disciplinary action /08/13 State Agency Ill. Dept. of Public Laboratory test results No Denied. Health from a lead-poisoning investigation at a private residence in Oak Park. The Abused and Neglected Child Reporting Act specifically exempts from disclosure all records concerning reports of child abuse. Laboratory test results of blood samples in a lead-poisoning investigation are exempt from disclosure under the Lead Poisoning Prevention Act and the Code of Civil Procedure. Information used in the course of medical study for the purpose of reducing morbidity or mortality shall be privileged and strictly confidential. 254 Ill. App. 3d 14, 22 (2nd Dist. 1993) /08/13 State Agency Ill. Dept. of Public Nonmedical records from Yes Health a lead-poisoning investigation at a private residence in Oak Park. Ordered to The confidentiality provisions of the Lead Poisoning Prevention Act and the Code of Civil Procedure apply only to reports submitted to the Public by doctors, nurses, hospital adminstrators, and public health officers. The requested records relate to property inspections, the proposed remediation plan, and other records outside the scope of the cited exemptions /27/13 County DuPage County s pertaining to any Yes Ordered to Senior Services and all financial assistance /27/13 State Agency Ill. Dept. on Aging s pertaining to any Yes Ordered to and all financial assistance /13/13 State's McHenry County Grand Jury transcripts No Overruled Attorney State's Attorney /30/13 State's Kane County Grand Jury transcripts No Overruled Attorney State's Attorney The Older Americans Act does not prohibit release of financial assistance records in their entirety, only that the records not be released in a form that indentifies the older person. The Older Americans Act does not prohibit release of financial assistance records in their entirety, only that the records not be released in a form that indentifies the older person. The Illinois Criminal Code specifically exempts from disclosure grand jury transcripts. The Illinois Criminal Code specifically exempts from disclosure grand jury transcripts.

11 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 11 file # /19/13 Prison Ill. Dept. of Booking photographs and No Denied. The Unified Code of Corrections specifically exempts from disclosure the 164 F.3d 20, 28 Corrections incarceration records contents of a prisoner's master record file, and requires that booking photos (D.C. Cir. 1998) about two individuals. and prison records be in that prisoner's master record file. All the requested records for the first individual in this case exist as part of his master record file /19/12 Prison Ill. Dept. of Greivance records. No Denied. The Unified Code of Corrections specifically exempts from disclosure the Corrections contents of a prisoner's master record file, and requires that grievances filed and responses to those grievances be in that prisoner's master record file /11/13 Prison Ill. Dept. of Grievances and responses No Denied. Corrections to them /19/13 Prison Ill. Dept. of Grievance records. No Denied. Corrections /20/13 Prison Ill. Dept. of Grievances and responses No Denied. Corrections to them /21/13 Prison Ill. Dept. of Grievances filed and No Denied. Corrections responses to those grievances /03/13 Prison Ill. Dept. of Lists of inmates deemed to No Denied. Corrections be sexually vulnerable or sexual predators at Pontiac Correctional Center from August 1, 2007, to present /20/13 Prison Ill. Dept. of Grievances and responses No Denied Corrections to them /20/13 Prison Ill. Dept. of Grievances and responses No Overruled Corrections to them. The Unified Code of Corrections specifically exempts from disclosure the contents of a prisoner's master record file, and requires that grievances filed and responses to those grievances be in that prisoner's master record file. The Unified Code of Corrections specifically exempts from disclosure the contents of a prisoner's master record file, and requires that grievances filed and responses to those grievances be in that prisoner's master record file. The Unified Code of Corrections specifically exempts from disclosure the contents of a prisoner's master record file, and requires that grievances filed and responses to those grievances be in that prisoner's master record file. The Unified Code of Corrections specifically exempts from disclosure the contents of a prisoner's master record file, and requires that grievances filed and responses to those grievances be in that prisoner's master record file. The Unified Code of Corrections specifically exempts from disclosure the contents of a prisoner's master record file, and requires that pertinent data concerning the prisoner's background and conduct be in that prisoner's master record file. Information concerning an offender's status as sexually vulnerable or as a sexual predator relates to that offender's background and/or conduct. The Unified Code of Corrections specifically exempts from disclosure the contents of a prisoner's master record file, and requires that grievances filed and responses to those grievances be in that prisoner's master record file. The Unified Code of Corrections specifically exempts from disclosure the contents of a prisoner's master record file, and requires that grievances filed and responses to those grievances be in that prisoner's master record file.

12 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 12 file # /03/13 Municipality Carroll (County) Interview notes made by Yes Ordered to The contends that the requested interview notes and executive Fire Protection members and session are confidential and exempt from disclosure. The fails District an executive summary. to cite a specific section 7 exemption that applies to the requested material /11/13 General Judiciary OMA Dismissed for 1.02 Assembly Committee of Ill. lack of House of jurisdiction. Representatives /08/13 Municipality Mount Pulaski OMA Improper meeting. Denied (City) (Longer version: After City Council meeting adjourned and citizens left, City Council allegedly met again, violating OMA.) OMA applies to only public bodies. The House Judiciary Committee is a committee of the General Assembly, and OMA excludes the General Assembly and its committees from the statutory definition of "public body." OMA defines a meeting as any gathering in which a majority of a quorum of the members of a public body engages in "contemporaneous interactive communication" for the purpose of discussing public business. After the meeting in question, an unspecified number of City Council members stayed behind to talk informally among themselves and with other people. No evidence exists that the subject matter of those discussions concerned public business. City Council is advised, however, to avoid the appearance of impropriety that may result from such gatherings /01/13 Municipality Machesney Park OMA Improper meeting. Denied (Village) (Longer version: Park Board allegedly conducted improper private meetings between May 15 and July 16, 2012.) OMA defines a meeting as any gathering in which a majority of a quorum of the members of a public body engages in "contemporaneous interactive communication" for the purpose of discussing public business. The Public stated that no meeting of a majority of a quorum took place regarding the matter in question. No evidence has been presented that Board members did anything beyond communicating one on one about the issue at different times, and therefore no violation of OMA occurred.

13 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 13 file # /19/13 Municipality Oglesby (City) OMA Improper meeting. Denied OMA defines a meeting as any gathering in which a majority of a quorum Ambulance Board (Longer version: City of the members of a public body engages in "contemporaneous interactive Council members communication" for the purpose of discussing public business. To meet allegedly violated OMA that definition, the would require three members to discuss by participating in an public business contemporaneously. Although three City Council members Ambulance Board special did participate in the Ambulance Board special meeting, only two members meeting and, by doing so, participated in the open session and only two in the closed session. At no effectively holding an point did three members participate in either session at the same time. As a unauthorized City Council result, no violation of 1.02 occurred. meeting.) /22/13 Municipality Fox River and OMA The 's 11 p.m. Sustained 2.01 Countryside starting time for a special Fire/Rescue meeting allegedly violated District (St. OMA's requirement that Charles, Campton, public meetings be held at and Wayne times convenient to the townships, Kane public. and DuPage counties) /15/13 Municipality City Council of OMA Improper meeting agenda. Ordered that 2.02(c) DeKalb (City) (Longer version: A proclamation was issued that did not appear on City Council's meeting agenda.) previous letter of determination on this matter was based on misunderstand ing of facts and is therefore withdrawn. The OMA Act requires that all public meetings required by the Act shall be 345 Ill. App. 3d held at specified times and places that are convenient and open to the 352, 361 (4th Dist. public. Under case law, "convenient" means "suited to personal comfort or 2003) to easy performance" or "affording accommodation or advantage." An 11 p.m. starting time was neither accommodating nor advantageous, and it had the practical effect of deterring the public from attending. The starting time therefore violated OMA. A proclamation declaring "White Ribbons against Pornography" was not listed on City Council's meeting agenda for Oct. 22, The mayor of DeKalb issued the proclamation at the meeting in his executive capacity. City Council did not take any action. If City Council had taken action, it would have violated OMA's prohibition against final actions by a legislative body on items not listed on an agenda. A letter of determination issued on Jan. 16, 2013, concluded that City Council had violated OMA by adopting the proclamation. This was based on a misunderstanding about the executive nature of the proclamation issuance. Based on these facts, no OMA violation occurred.

14 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 14 file # /19/13 Municipality Oglesby (City) OMA Improper closed session. Sustained. 2(a) OMA requires that a public body cite a specific exemption that authorizes Ambulance Board (Longer version: The the closing of a meeting before entering closed session. The Ambulance Ambulance Board Board failed to cite any exemption. In response to the Request for Review, allegedly held an improper the Ambulance Board cited the 2(c)(2) exemption for deliberation closed session.) concerning employee salary schedules. Review of the closed session minutes reveals the closed session dealt with matters beyond the cited exemption. The Ambulance Board therefore violated 2(a) in two ways: by entering closed session without first identifying and recording an authorized exemption, and by exceeding the scope of the exemption that the public body later later claimed on review /19/13 Municipality Oglesby (City) OMA Failure to openly Sustained. 2(e) Ambulance Board deliberate before taking final action. (Longer version: The Ambulance Board allegedly failed to openly deliberate before taking final action on an item.) OMA prohibits a public body from taking final action on a matter without publicly reciting the matter under consideration and informing the public of the business being conducted. Four of the five Ambulance Board members signed a letter supporting a City wage ordinance without publicly discussing the letter beforehand. Signing the letter was effectively a final action and therefore in violation of 2e /14/13 Municipality Unknown OMA Alderman not following No Denied. 3.5(a) An individual alderman is not subject to OMA. OMA (no more specific violation alleged) /14/13 All All subject to OMA Complaint against a No Overruled 3.5a OMA specific member of a public body /06/13 School Tri-Point OMA Improper discussion of Sustained. OM- District Community Unit budget cuts and staff PayEmp School District 6J reductions in closed (Ford County) session. The public body, not a member of it, must be the target of a complaint for non-compliance. The OMA Act permits public bodies to hold closed meetings to discuss the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body. s of the closed session indicate that the discussion did not reference specific employees. The discussion therefore violated OMA.

15 Chicago Headline Club Illinois Interpretations by the Office of the Attorney General Page 15 file # /15/13 County Edgar County OMA Failure to provide proper Denied. OM-Union Section 24 of the Illinois Public Labor Relations Act exempts collective Board notice of a closed meeting. bargaining negotiations from OMA requirements. All records indicate that actual collective bargaining negotiation took place at the disputed meeting. The was not required to provide notice or to post the agenda of the meeting as otherwise required under OMA /06/13 School Tri-Point OMA Improper discussion of Sustained. OM-Union The OMA Act permits public bodies to hold closed meetings to discuss District Community Unit budget cuts and staff collective negotiating matters between the public body and its employees School District 6J reductions in closed or their representatives, or deliberations concerning salary schedules for (Ford County) session. one or more classes of employees. This exception is limited to discussions of existing or imminent collective bargaining. s of the closed session indicate that the discussion focused on the possibility of future collective bargaining rather than existing or imminent. The discussion therefore violated OMA.