Watchdog group: Illinois' open government laws weak

A study released Wednesday by a local watchdog group concludes Illinois' open government laws are the weakest among five Midwest states.

Officials with the Citizen Advocacy Center say they hope their findings will help fuel efforts by the Illinois attorney general's office and others to improve the state's two sunshine laws: the Freedom of Information Act and the Open Meetings Act.

"What we wanted to do is take our expertise in this area and not just highlight the deficiencies in the laws," said Terry Pastika, executive director of the Elmhurst-based center, "but be proactive and provide what we believe to be sound reforms that could substantially improve the current statutes."

Conducting the study on behalf of the Midwest Democracy Network, the center spent two years reviewing more than 1,000 cases, attorney general opinions and professional publications to determine the strengths and weakness of open government laws in Michigan, Ohio, Illinois, Wisconsin and Minnesota.

In comparison to the other states surveyed, Illinois stands alone "in allowing public agencies to reject informational requests with impunity," center officials said. They blame that on the state having no penalties for violating the Freedom of Information Act.

Illinois law also lets governmental entities use one of 24 reasons to conduct closed-door meetings - far exceeding the number of reasons allowed in the other states surveyed.

While there are criminal penalties for violating the Open Meetings Act, Pastika said state's attorney's offices rarely prosecute such cases.

"One of our First Amendment freedoms is the right to speak out against government agencies," she said. "But essentially, what the Illinois FOIA and OMA laws do is make it very difficult for people to obtain government information or observe government meetings to be able to effectively petition their government."

Lawmakers in Illinois have taken notice.

Illinois Attorney General Lisa Madigan is working to strengthen the state's Freedom of Information Act and Open Meetings Act. One proposal would give the attorney general's office the power to issue opinions in FOIA disputes that would be legally binding on a government agency. Another suggestion would make it possible for someone to face criminal penalty for breaking the act.

"These (changes) will help make sure that the government belongs to the people and the information within the government is available," said Robyn Ziegler, a spokeswoman with the attorney general's office.

When it comes to reforming the Open Meetings Act, Pastika said the list of reasons for closed-door sessions should be reduced. The center also is recommending verbatim recordings of closed door discussions be released to the public after a certain period of time.

To view the center's full study online, visit citizenadvocacycenter.org or midwestdemocracynetwork.org.