February 9, 2024

Introduction

In an era where transparency and accountability are paramount, the Freedom of Information Act (FOIA) serves as a crucial tool for journalists, researchers, and the general public in accessing public records. However, navigating FOIA requests can often be complex and challenging, especially when public bodies fail to comply with requests within the mandated timeframe. This article delves into a recent Public Access Opinion involving the Village of Dolton.

Background of the Case

In November 2023, Mr. Andrew Schroedter, an investigative producer for WGN-TV, submitted a FOIA request to the Village of Dolton seeking documents related to payments to Tiffany Henyard in 2023, the current lease for Mayor Henyard’s village vehicle, and monthly statements for village credit cards from June to December 2023. Following a lack of response from the Village, Schroedter forwarded his request to the Village Administrator and other relevant officials, emphasizing that the request was past due. Subsequently, Schroedter filed a Request for Review with the Public Access Counselor (PAC) alleging the Village’s failure to respond.

Public Access Counselor’s Intervention

The PAC’s involvement began in December 2023 when Schroedter’s Request for Review was submitted, alleging non-compliance by the Village. Despite multiple communications from the PAC to the Village inquiring about the status of the FOIA request, including emails and letters sent via U.S. Postal Mail, the Village failed to respond. It wasn’t until January 2024 that the Village emailed Schroedter, claiming to have found five pages of records responsive to his request but failed to attach the documents. The PAC found the Village’s response lacking, as it did not comply with FOIA’s stipulated response procedures.

Analysis and Findings

The PAC’s analysis highlighted the fundamental obligation of government bodies to operate transparently and efficiently in compliance with FOIA.

This case underscores the essential principles of government transparency and the statutory obligations imposed on public bodies under FOIA.

Central to the analysis is the fundamental premise that government operations must be conducted openly, ensuring public records are accessible efficiently and promptly, as mandated by FOIA. The law presumes that all records in the custody or possession of a public body are open to inspection or copying, barring exceptions outlined in specific sections of the Act. This presumption in favor of transparency forms the cornerstone of the Act’s intent to facilitate public access to governmental information.

The Public Access Counselor’s (PAC) scrutiny reveals a clear violation of FOIA by the Village of Dolton, marked by its failure to respond to Schroedter’s request within the five-business-day deadline. This inaction is a direct contravention of Section 3(d) of FOIA, which mandates timely compliance, denial, or appropriate extension of response time to FOIA requests. The Village’s subsequent failure to provide a written denial or justify any extension underlines a disregard for the procedural safeguards intended to protect the public’s right to information.

Moreover, the analysis highlights that any public body that fails to adhere to the response timelines established by FOIA forfeits the right to impose fees for the copies of the requested records or to declare the request as unduly burdensome. This provision aims to penalize non-compliance and incentivize public bodies to adhere strictly to FOIA’s timelines, thereby reinforcing the Act’s overarching goal of promoting transparency and accountability within government operations.

PAC’s Conclusion

Based on the evidence and applicable law, the PAC concluded that the Village of Dolton had indeed failed to comply with FOIA’s requirements in handling Schroedter’s request. The PAC directed the Village to take immediate action to comply by providing Schroedter with all records responsive to his request, subject only to permissible redactions.

Conclusion

The Village of Dolton’s failure to respond to a FOIA request highlights the challenges individuals may face in accessing public records. The PAC’s findings emphasize the necessity of compliance with FOIA requirements to ensure government transparency and accountability. Furthermore, the complexity of this case illustrates the fact that there can often be significant benefits of seeking legal assistance in navigating and resolving FOIA disputes, ensuring that individuals and organizations can effectively exercise their right to information.

The complete opinion from the Illinois Attorney General‘s Public Access Counselor can be found here: Public Access Opinion 24-002

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