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Hitting a Moving Target: Understanding the Evolution of the Illinois FOIA

Hitting a Moving Target: Understanding the Evolution of the Illinois FOIA. Illinois Association of School Business Officials 60 th Annual Conference May 19, 2011 Brian P. Crowley Jackie Wernz bpc@franczek.com jfw@franczek.com. Overview of Amendments. Overview of Amendments.

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Hitting a Moving Target: Understanding the Evolution of the Illinois FOIA

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  1. Hitting a Moving Target:Understanding the Evolution of the Illinois FOIA Illinois Association of School Business Officials 60th Annual Conference May 19, 2011 Brian P. Crowley Jackie Wernz bpc@franczek.com jfw@franczek.com

  2. Overview of Amendments

  3. Overview of Amendments • Generally, 5 business days to respond • Timeline for responding begins on the business day after receipt of the request • Timeline begins after receipt by any public body employee • A requester may appeal the denial of a FOIA request to the Public Access Counselor or to the circuit court

  4. Overview of Amendments • Must seek preapproval from the Public Access Counselor before denying a FOIA request based on • the “personal information” exemption • the “predecisional material” exemption

  5. PAC Says: This is “Personal Information” • Dates of birth • Marital status • Cell phone numbers • W2 forms • Written request to return to work after pregnancy • Names, resumes, applications of candidates for position (e.g., superintendent, U of I president) if those candidates were not hired • Letter of reprimand received by district superintendent

  6. PAC Says: This is not “Personal Information” • Employee separation agreements • Requests by employees for leaves of absence • Teacher attendance record • Gender and ethnicity of Illinois superintendents

  7. PAC Says: This is “Predecisional Material” • Responses to community “climate” surveys that include recommendations and opinions • Documents relating to an employee’s resignation (e.g., e-mails between Board members) • Notes of board member from meeting regarding parental complaints • Documents used in bidding/RFP process (scoring sheets, evaluator notes, price proposals/offers, etc.) • Reports on hiring new superintendent • Draft contract, settlement agreement, and policy/procedure

  8. Don’t forget…. • Information prohibited from disclosure under state or federal law (student records, some personnel information) • Proposals and bids for contracts before award or final selection • Information regarding test questions and other examination material • Information regarding adjudication of student and employee disciplinary cases (except, for employees, final discipline)

  9. Sunshine School District SCENARIOS

  10. Sunshine School District SCENARIO #1 Principal Pollyanna Principal Pollyanna Principal Pollyanna Principal Pollyanna Randy Reporter Randy Reporter

  11. Rush School District SCENARIO #2 Irritating Iris Ants in His Pants

  12. School District 123 SCENARIO #3 New Member Nancy Nemesis

  13. Bliss School District SCENARIO #4 Hazing Club

  14. Bliss School District SCENARIO #4 Nosey Nathan Dana Disorganized

  15. School District 123 SCENARIO #4 (cont’d) Litigious Lilly

  16. Any Questions?

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