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Media, AG face off against AFSCME over information law

SPRINGFIELD -- In one corner stands the media and attorney general Lisa Madigan. In the other stands one of the most powerful unions in the state.

The Illinois Press Association says its top priority for the Illinois General Assembly's upcoming veto session is preventing an override of Gov. Pat Quinn's veto of House Bill 5154, which would bar disclosure of government employee performance evaluations in response to Freedom of Information Act requests.

On the other hand, American Federation of State, County and Municipal Employees Council 31 says it will push hard for an override so that performance evaluations of state employees won't be released to anyone who happens to ask.

Roberta Lynch, deputy director of Council 31, says the union considered votes on HB 5154 in evaluating lawmakers after last session.

"Legislators know that," Lynch said. "We do keep track of their votes and let our members know how they vote."

Lynch says she thinks the union has a good shot of overriding the veto, considering that the bill passed both the House and Senate by wide margins.

"We just feel that employees should have the right to privacy when it comes to their performance on the job," Lynch said. "Frankly, we don't see that there's a compelling public interest (in making evaluations public)."

But Cara Smith, public access counselor for Madigan's office, said the attorney general opposes the bill. Madigan's office also opposed amendments made by Quinn, who exempted performance evaluations for law enforcement officials.

"We have opposed across-the-board any attempts to weaken the FOIA law as passed (last year)," Smith said. "I think the sky-is-falling beliefs have not panned out, have not materialized. We would oppose any attempt to pass any version of this bill."

Lawmakers last January passed a bill that exempted evaluations for teachers, school superintendents and principals from disclosure. But Josh Sharp, director of government relations for the Illinois Press Association, dismissed equity questions.

"I say, two wrongs don't make a right," Sharp said.

Sharp says preventing an override is the IPA's top priority for the veto session. Noting that the margin was narrower in the House than the Senate when the bill was passed, he predicted that the main fight will be in the House, where Madigan's father is the speaker.

While he called it an uphill fight, Sharp said he believes there's a good chance the IPA and its allies will prevail.

Bruce Rushton can be reached at 788-1542.