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Attorney general aiming for 'culture of openness'

Attorney General Lisa Madigan is pushing legislation aimed at improving the state's public-records disclosure law and making government more transparent.

The goal is to transform government's "culture of secrecy" to a "culture of openness," Madigan said Thursday.

Officials from the attorney general's office, the Illinois Press Association and several other open-government groups drafted the proposed rewrite of the Illinois Freedom of Information Act. Their work has taken form in the General Assembly as House Bill 1370.

Under the rewrite, governmental bodies that "willfully and intentionally" fail to comply with an FOIA request could be fined $100 to $1,000. Fines will ensure that units of government follow the law, Madigan said.

Other provisions would:

- Emphasize that access to public records enhances government transparency. If a public body believes a particular record is exempt from FOIA, it has the burden of proving the assertion through "clear and convincing evidence."

- Protect government employees from their bosses' retaliation if an employee wants to properly disclose public records but fears punishment from a superior.

- Authorize judges to order governmental bodies to pay attorneys' fees for anyone who goes to court to fight a public-records denial and ultimately wins the case.

"It's not pie-in-the-sky," Madigan said of the proposal. "We have what I believe to be the best possible environment in which to pass necessary open-government reforms."

House Majority Leader Barbara Flynn Currie, D-Chicago, is shepherding the bill through the House.

"We're prepared to be flexible. We think there are some important provisions there," she said.

Certain parts of the bill, especially the fines, likely will draw heavy criticism, Currie said.

Roger Huebner, general counsel for the Illinois Municipal League, said it wouldn't be fair to levy fines against governmental bodies.

But he believes the larger issue is that the legislation fails to simplify the Freedom of Information Act. Instead, the proposal complicates the act, increasing the likelihood that attorneys would have to get involved whenever a public body receives an FOIA request, Huebner said.

"The goals should be lofty and worthy, but the language (in the bill) should help the people," he said. "This just makes it far too challenging."

Also awaiting legislative action is Madigan's proposal to make the public-access counselor a permanent job position in state government. Madigan created the post in her office when she became attorney general, but a future officeholder could eliminate the position because it's not spelled out in the law.

House Bill 4165 also would give the public-access counselor authority to issue binding opinions to resolve disputes about the implementation of the Freedom of Information Act or the Open Meetings Act.

Adriana Colindres can be reached at (217) 782-6292.

At a glance

Key components of the proposed revision of the Freedom of Information Act:

- Imposes fines, ranging from $100 to $1,000, on public bodies if a judge determines they deliberately failed to comply with a request for public records.

- Cuts the amount of time public bodies have for responding to an FOIA request. The legislation allows for five working days, with a possible five-day extension. Existing law allows for seven working days, with a possible seven-day extension.

- Bars public bodies from charging a fee for the first 25 pages of copied records. Public bodies may charge a maximum of 15 cents for each additional page, unless they show that actual copying costs are higher.

- Specifies that public bodies should provide records in an electronic format when practical.

Source: Illinois attorney general's office