The real reason the public gets shut out on Freedom of Information Act requests

Regarding the story, “People count on the Freedom of Information Act” but keep getting shut out, (Oct. 11): We are fortunate that Illinois is one of the few states that has granted binding enforcement power over its sunshine laws to an administrative agency, the public access counselor. For one, the story cites research that demonstrates that more than one-quarter of the requests for review resulted in resolution short of a formal ruling, simply because the requester invoked the PAC (and the public body responded).

But more importantly, the PAC’s binding opinions and determination letters provide crucial legal insight into Illinois sunshine laws and help to guide both public officials and public records requesters more than we can know: Armed with binding opinions and determination letters, requesters persuade local governmental authorities to release public records.

While it is true that the PAC uses its binding power sparingly, this is hardly cause for surprise. The office must throw its legal weight behind its binding opinions and be prepared to defend them in court should public bodies challenge them. Diverting resources to defending lawsuits would result in more backlog and fewer resolutions. The PAC must be a credible resource: Only one of its binding decisions was overturned, an important fact that establishes the office’s trustworthiness.

The PAC’s backlog is symptomatic of larger problems. Government officials and employees either minimize or are disdainful of the public’s right to know. Governmental bodies fail to proactively make available records that are routinely requested. Governments flout Illinois’ sunshine laws due to lack of education or willful ignorance. Our sunshine laws provide too many exemptions to the presumption of transparency and openness.

How do we change this culture? Voters need to prioritize voting for candidates who sincerely believe in transparency and openness. Local government must implement hiring processes that set expectations by emphasizing the public nature of government work. Educators should emphasize principles of transparency in civics lessons in our public schools. Everyone should vigilantly monitor the General Assembly’s attempts to legislate more barriers to transparency and speak out against it. One thing is for certain: The culture will not change by shutting down the PAC’s office or moving it where it will suffer from even less funding than it currently receives. Maryam Judar, executive director, Citizen Advocacy Center