Spirit of openness is key to new law

Dear local government official:

Gov. Patrick Quinn has recognized and endorsed the value of openness in a society built on the foundation of self-government. Now, it's your turn.

On Monday, Quinn signed into law a sweeping new approach to freedom of information in Illinois that addresses a host of flaws in the previous system. A key failure of that system involved a set of unreasonable deadlines that could enable officials who wanted to keep information to themselves to effectively delay requests almost indefinitely - or at least until the information was rendered virtually useless or the petitioner ran out of patience. In such circumstances, some of you frequently responded to complaints with a curt "We're just following the letter of the law."

Well, the letter of the law is different now - or will be when the new legislation takes effect Jan. 1 - so even those among you who don't want to share information will have to, or face substantial consequences, even a fine of as much as $5,000.

But as valuable as this new letter of the law is, it's the spirit of the legislation that truly demands your attention. One provision of the FOI overhaul succinctly summarizes things, declaring that "all records in the custody or possession of a public body are presumed to be open to investigation or copying."

All public records are presumed to be open and accessible. Of course, if you think there's a clear and compelling reason why the voters of a democracy should not have certain information, you can still make your case, but now you, the government, have the burden of proof, not we, the governed.

We know that some of you still have reservations. The Illinois Municipal League, in particular, has expressed concerns as deep as fearing some agencies, even police and fire departments, could somehow face layoffs to pay for the legal battles the new law could lead to.

We have one simple response: Come now. Let's be realistic.

The previous legislation was certainly more open to interpretation - and hence, litigation - than the new law, and we know of no village or school district being bankrupted by FOIA lawsuits. Indeed, local agencies that previously didn't want to release information often all but dared requesters to take them to court.

In any case, it doesn't have to be this way. We, the governed, and you, the government, are not at odds. We are partners.

Openness now may well bear the force of law, but if we all focus on the underlying foundation of the law - the notion that people cannot govern themselves effectively without information - not only will that force never need be applied but the processes of government will also work better for everyone.