New resource empowers watchdogs
When Mark Stern believed Wheaton Warrenville Unit District 200 was wrong to deny his request for a copy of the superintendent's contract, he had two choices: forget about it or sue.
He sued and won with a unanimous Illinois Supreme Court decision that will make it easier for any watchdog to obtain a similar document.
But many people probably would have forgotten about it. Lawsuits are expensive and time-consuming. And going up against a deep-pocketed school district hardly seems like a fair fight. The school district spent more than $62,000 fighting it. Stern's lawyers, working pro-bono, spent roughly 300 hours on the case.
Illinois residents have an outstanding new resource to challenge denied Freedom of Information requests and violations of the Illinois Open Meetings Law.
The Chicago-Kent College of Law opened its Center for Open Government last week, offering free counseling and legal representation to overcome roadblocks people face when trying to obtain information.
Using the resource should be fairly simple, Director Terry Norton said. If you suspect an open meeting violation or your FOIA request has been rejected, call the center at (312) 906-5045.
Norton, former director of the Better Government Association and special attorney for the U.S. Justice Department, will work with law students to conduct investigations, research laws, review documents and advise clients.
"Many times, the fact that there's a lawyer on the other side will be enough to gain compliance," Norton said.
Other times, it might take a lawsuit. Students will be there to help with that, too.
The center arrives as we await the Jan. 1 effective date of beefed-up Freedom of Information laws, which provide a citizen advocate and punishment for violating governments. We have praised Attorney General Lisa Madigan, state lawmakers and Gov. Patrick Quinn for passing this reform, which gives a vital law the teeth it needs to be useful.
"Hopefully, through the use of these new tools, we can begin to hold governments in Illinois more accountable," Norton said.
Used together, these resources have the power to transform Illinois from its state of corruption to a state of transparency and accountability. But it requires participation from an active and engaged citizenry.
According to Madigan, 70 percent of Freedom of Information requests from 2005 to 2008 came from members of the general public, 18 percent came from government officials and 12 percent came from the media. That means many of you have been trying to do your part.
With two new tools, government watchdogs can be more effective. Governments should be less inclined to deny requests knowing the high cost of legal action isn't necessarily a deterrent.
It's up to all of us to use them.