FOIA’s Cloudy Future has us Vexed

Association of American Editorial Cartoonists, Matt Wuerker/Politico

“Sunshine Week,” a national campaign dedicated to protecting the public’s right to get information about their government, is now being celebrated. But in Illinois, the outlook for such access is more cloudy than bright.

Last year, a new Illinois Freedom of Information Act (FOIA) went into effect, making it easier for people to receive more information about their government in a timely manner.

Now, however, some state lawmakers are trying to undercut the new FOIA law by introducing bills that range from charging money to get public documents to watering down a citizen’s ability to appeal an initial FOIA denial from a government agency.

More than ten bills were introduced this year aimed at reducing FOIA’s reach.

One of the most aggressive attempts to roll back the protections of FOIA is Senate Bill 1645, sponsored by State Sen. Edward Maloney (D-Chicago).

If passed, public entities would have the authority to delay responding, until a time they deem reasonable, to a FOIA request on the grounds that they find it to be “vexatious.”

What is vexatious? Our thesaurus says it is synonymous with annoying, irritating or bothersome. Not one of those are words lawmakers typically associate with constituents who are asserting their rights to access information about their government.

So, if this bill passes, how easy would it be for a FOIA request to be labeled as vexatious? Pretty easy.

Among other things, a request can be labeled vexatious if you have already made five or more FOIA requests in a year and if the public body thinks the request is unduly burdensome.

Then, once it’s labeled vexatious, the bill adds language to existing law that prevents you from appealing that label to any higher legal authority. So once a public body calls a request vexatious, you’re vexatious for good. And you get tracked in a log with all the other vexatious people.

One section of the bill exempts the press from being called vexatious, which means that members of the press have more of a right to public information than constituents.

This is a disturbing possibility.

Public bodies should not be given the authority to deny access to public information for constituents they deem annoying, particularly when there is no higher legal authority that reviews that determination or can overturn it.

SB 1645 is headed to the Senate floor for a vote by the full chamber. The BGA will be working hard to stop this vexing legislation from going any further.

WHAT NOW? You can help by letting your state senator know that you oppose this effort—enter your address here to find your state senator’s information. Put in a call and remind him or her that access to public information is vital, and that sunshine is the best disinfectant.

Statewide update—March 14, 2011

Daily Herald—State could limit FOIA requests, “Under the plan, if officials believe someone is requesting so much information that they’re tying up workers’ time and inhibiting government functions, they can label the request as ‘vexatious’ or ‘unduly burdensome’ and ignore the requirement that they must respond within five days.”

• The Southern—State promotes openness online, “This time last year, the Governor’s Office launched the Illinois Sunshine Portal, a one-stop website for commonly requested public records. The site, http://www.sunshine.illinois.gov, collects a lot of previously available information in one place.”

• State Journal Register—Efficiency commission accused of being inefficient, “Voters approved creation of the Citizens Efficiency Commission in November. It will be made up of representatives from all of the taxing districts in Sangamon County, and members will look for more efficient ways to deliver government services. Suggestions could include joint purchasing or even governmental mergers.”

• (Gatehouse News Service) Rockford Register Star—Illinois judges to get mandatory reviews, “The evaluations are designed to help judges become aware of potential performance problems and remedy them. The results won’t be made public.”

• SouthtownStar—Daley nephew case has unanswered questions, “it’s been two weeks now since the Chicago Police Department concluded Mayor Richard Daley’s nephew threw the punch that led to David Koschman’s death but closed its recently reopened investigation without seeking criminal charges.”

• SouthtownStar—Dixmoor village trustee arrested, “Michael A. Smith believes he was stopped outside his grandmother’s house at 146th and Cooper because he has been investigating what he says are the mismanagement of village funds, and other incidents, including the repossession of a fire truck.”

Statewide update—March 3, 2011

SouthtownStar—McQueary: Crestwood ridicules tainted water concerns, “…the newsletter cherry-picks parts of an Illinois Environmental Protection Agency report and claims ‘media frenzy, subsequent exploitive legal and political actions’ fueled a non-issue — that being the reality that Crestwood for nearly a decade blended Lake Michigan water with an old well that tested positive for a cancer-causing agent.”

• Peoria Journal Star—Ray LaHood says he played no part in son’s appointment, “Current Cabinet member and former congressman Ray LaHood played no role in his son Darin LaHood being appointed to a state Senate seat, officials said.”

• Daily Herald—Sunshine a major part of democracy, “Sunshine Week was created six years ago by the American Society of Newspaper Editors to shine a light on the importance of open government and freedom of information. There has never been a more important time for us to discuss this.”

• Trib Local (Niles)—Ex-mayor ends prison term, returns to Niles, “Nicholas Blase, who spent nearly a half-century as the mayor of Niles before resigning and pleading guilty in a insurance kickback scheme, is a free man today after completing his yearlong prison sentence.”