Getting serious about openness
The process wasn't pretty and some important improvements remain to be dealt with, but the Freedom of Information legislation that made it through the legislature this week represents real reform that does much to cast sunshine on the processes of government.
Now, if lawmakers would just apply the rules to themselves ...
Perhaps the most important feature of the new law is its insistence that the business of government is presumed to be open and accessible to the public, laying the burden on government officials to justify any actions that would close records to public scrutiny. On that foundation, the law sets strict rules for providing access to government records and meaningful penalties for officials who disregard them. Consider:
• It reduces to no more than 10 days the length of time government officials could drag their feet before releasing requested information.
• It imposes potential fines of $2,500 to $5,000 for intentional violations.
• It requires public bodies to produce records electronically whenever possible, and when that is not possible, it demands the first 50 pages of printed material be delivered at no cost, with a cost of 15 cents per page after that.
• It creates a clear, narrow category of "private information" that is exempt from disclosure, such as Social Security numbers, and clearly defines what constitutes "invasion of personal privacy" so that governments cannot use a broad privacy excuse to deny information.
• It creates a public access counselor with real authority to settle disputes between public bodies and those requesting information.
• It requires governments to pay the legal fees of plaintiffs when a court deems their requests for information were illegally denied.
In short, the law shows Illinois is serious about insisting that information produced by and for governments is owned by the people who make up the democracy.
Its development was not without its tense moments. Much of the work, ironically, was done behind closed doors, and at one point, House leadership floated proposals that would have dramatically worsened the state's already-limp access laws, including the notion of withholding addresses of crime suspects and public employees, an idea wisely dropped.
Ultimately, Speaker Michael Madigan sponsored the improved legislation in the House, calling it a "bedrock" for ethics reform in Illinois. It is that, but with soft spots that need addressing.
For one thing, the General Assembly inexplicably remains exempted from FOIA provisions. Another exemption for notes and drafts offers a potential opening for abuse.
But these are battles that can be fought another day. For now, the legislation affirms that a democracy cannot properly function if its people cannot see clearly and specifically what their elected officials are doing. Let's hope the legislature can be as serious as it approaches remaining issues on the reform agenda.
<div style="float:left;margin:6px 9px 6px 0px;"> <img src="/graphics/corruptionlogo.jpg" width="300" height="160" border="0"></a></p> </div> <div class="infoBox"> <h1>More Coverage</h1> <div class="infoBoxContent"> <div class="infoArea"> <h2>Stories</h2> <ul class="links"> <li><a href="/story/?id=292269">How to contact your lawmakers</a></li> <li><a href="/story/?id=296366">Are we going to take this disrespect? <span class="date">[05/27/09]</span></a></li> <li><a href="/story/?id=295441">More secrecy and clout? No, stop it now <span class="date">[05/22/09]</span></a></li> <li><a href="/story/?id=293839">Good ideas, limits help democracy <span class="date">[05/15/09]</span></a></li> <li><a href="/story/?id=292278">Fed up with graft? You're obligated to weigh in <span class="date">[05/11/09]</span></a></li> <li><a href="/story/?id=290368">It's time to call for the change Illinois needs <span class="date">[05/01/09]</span></a></li> <li><a href="/story/?id=288715">A better way to watch our tax money <span class="date">[04/24/09]</span></a></li> <li><a href="/story/?id=287658">Rank projects before spending our tax money <span class="date">[04/20/09]</span></a></li> <li><a href="/story/?id=287077">Limiting contributions a good start <span class="date">[04/17/09]</span></a></li> </ul> </div> </div> </div>