1. franczek.com Copyright © 2011, Franczek Radelet P.C. All Rights Reserved. Disclaimer: Attorney Advertising. This presentation is a publication of Franczek Radelet P.C. This presentation is intended for general informational purposes only and should not be construed as legal advice. 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. CrowleyJackie Wernz bpc@franczek.comjfw@franczek.com

2. franczek.com 2 Overview of Amendments

3. franczek.com 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. franczek.com 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. franczek.com 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. franczek.com 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. franczek.com 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. franczek.com 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. franczek.com 9 Sunshine School District SCENARIOS

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

11. franczek.com 11 Rush School District SCENARIO #2 Irritating IrisAnts in His Pants

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

13. franczek.com 13 Bliss School District SCENARIO #4 Hazing Club

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

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

16. franczek.com 16 Any Questions?