Editor's note: Last week lawmakers passed Madigan's open records law bill. The following Q&A was done last week before her reforms were approved.
Since the ousting of ex-Gov. Rod Blagojevich, Illinois Attorney General Lisa Madigan has been leading the charge for major ethics reforms in Illinois. Lawmakers are debating Madigan’s proposals, among them a bill that would revamp the state’s notoriously weak Freedom of Information Act.
Q You have proposed some sweeping changes to the Illinois Freedom of Information Act. However, some may be tweaked or discarded by the time Congress gets done with the bill. Is there any singular reform in your proposals that trumps others?
A Our current law lacks any enforcement authority and therefore in most cases, noncompliance was rampant. The bills do two key things: streamline and strengthen the current FOIA law and build a significant enforcement mechanism within state government. Violations would be punishable as a Class C misdemeanor and civil penalties could range from $1,000 to $2,500 per violation. In addition, the bills create a public access counselor, a transparency advocate, within the Attorney General’s office. This advocate would be authorized to render binding opinions on open government disputes.
Q If the public access counselor position becomes permanent, and the office’s decisions binding, will there be an appeal process and what might it entail?
A A public body or the requester may appeal the decision of the public access counselor to circuit court. In order for the public access counselor’s opinion to be overturned, the court will have to find it to be “against the manifest weight of the evidence.”
Q Our newspaper coverage focuses on local government entities in the western Chicago suburbs — school boards, park districts, village councils. How do you think your FOIA reforms will affect local government specifically?
A I think local governments will significantly benefit from these re-writes. First, they will have an expert they can turn to for guidance as they comply with FOIA and Open Meetings Act issues in their jurisdiction. Second, we have streamlined and strengthened the laws which will make them more useful and clear to both government and to the citizens they serve. These laws will be a very useful tool as we create true transparency at all levels of government in Illinois.
