Is Island Lake wielding Freedom of Information Act as political weapon?

When Island Lake Trustee Laurie Rabattini wanted to review a copy of the village's budget recently, she was able to get a copy of the document - but only after filing a Freedom of Information Act request and paying $7.95 for the paperwork.

Trustee John Ponio, a political ally of Rabattini, has faced similar hurdles. He's been told to file formal requests for types of documents readily available to trustees in other suburbs.

"It's a problem," Rabattini said. "There should be cooperation and a partnership, not an internal political roadblock."

However, two other village trustees - both allies of Mayor Debbie Herrmann - told the Daily Herald they haven't had to jump through hoops to get documents.

"I don't know why they're doing the FOIAs," Trustee Don Verciglio said.

The situation has raised concerns for the Illinois attorney general's office.

A critical document like a village budget "should be freely distributed to trustees and the community," said Cara Smith, who fields complaints about possible Freedom of Information Act violations from the public and the media as the attorney general's public access counselor.

The law, which was retooled by the General Assembly last year, gives people the ability to view documents considered public records such as memos, e-mails, contracts and budgets. Government agencies can charge fees to reproduce the material and have five working days to respond to the request, but extensions are possible.

Elected officials generally aren't required to file FOIA requests for official documents. State law doesn't specifically address the practice, Smith said.

Typically, if a trustee wants to see a bill or a memo or a budget or another document, they ask an administrator or staffer for a copy, and it's usually delivered promptly.

But that's not always the case.

DuPage Water Commission board member Liz Chaplain sought help from the attorney general's office in 2008 after administrators wouldn't provide copies of sales receipts for office supplies.

The attorney general's office ordered the commission's staff to turn over the receipts, saying Chaplin was a public official who had the right to access "all documents and information necessary to the proper performance of her duties."

And in Palatine Township Elementary District 15, board member Tim Millar filed FOIA requests for the district's natural gas bills and other documents in 2007. He reportedly was denied financial information last year, too.

Some trustees have faced similar obstacles in Island Lake.

"I can't go into village hall and ask (for information)," Ponio said. "I think it's ridiculous."

Ponio said he's had to file formal requests for information about water connections, copies of building permits and other records. He's had to pay for one document, because it was more than 50 pages.

Trustee Don Saville, who's voted with Ponio and against the board majority on many issues, said he's been told to file FOIA requests for documents, too.

Rabattini said she's been required to submit requests for a financial report, bills and legal invoices, in addition to the budget. She only had to pay for a copy of the budget.

The mandatory requests, Rabattini said, unduly burden deputy village clerk Jen Gomez, the town's appointed Freedom of Information Act officer.

"And I don't mean to do that," Rabattini said.

Herrmann put the blame at the trustees' feet. In December, the board adopted a new Freedom of Information Act policy ahead of new rules that became effective this year.

The new policy eliminated a clause that said trustees were exempt from filing FOIA requests, Herrmann said.

Saville, Verciglio, Donna O'Malley and Connie Mascillino favored the proposal. Rabattini was absent. Ponio was present but did not vote, village records indicate.

But not every trustee has been held to the same standard.

Verciglio, who ran on Herrmann's political slate last year, said he's never been told to submit FOIA requests for information and didn't know why some trustees are told otherwise.

"Normal business stuff that they need for their jobs, they shouldn't have to FOIA it," he said. "They should be able to go right to the department head and get the information."

O'Malley, who also ran on the mayor's slate, said she's had to complete a FOIA request only once, when researching if a fellow trustee had purchased village vehicle stickers.

"I do not fill out a FOIA to do my job as a trustee, nor should any of the other trustees need to fill one out if they are following the procedure of the board," she said.

Mascillino, another Herrmann ally, said she's never asked for village documents but has been told a formal request would be required.

Cindi Canary, executive director of a watchdog group called the Illinois Campaign for Political Reform, called the situation in Island Lake "ludicrous."

"If you're in the elected management of the village, you should have access (to records)," Canary said.

It's wrong to force some trustees but not others to file FOIA requests, Canary said.

"That underscores the fact that this is pure politics," she said.

Saville voted for the FOIA changes in December but now believes trustees should be exempt. He is considering recommending the board amend the policy.

"We should be able to get the information we need to do our job," he said.