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Citizen Advocacy Center

Urgent Legislative Alert: Call your representatives in Springfield to oppose passage of HB3796

5/30/2014

 
I am writing today to alert you to a problematic bill, HB 3796, that was only introduced last Friday afternoon, passed the House on Memorial Day, and will pass the Senate TODAY to the Senate sponsors, who expect a unanimous vote.  I am providing detailed information below. It is urgent that you CALL YOUR SENATOR IN SPRINGFIELD TODAY to tell them you oppose HB3796 as this bill severely curbs the ability of the public to monitor government activity. Need to know who your Senator is? Click here.

HB 3796 adds provisions to the Freedom of Information Act to create a category of requests called "Voluminous Requests."  This is in addition to the other provisions in the FOIA that enable public bodies to negotiate FOIA requests, which are the recurrent requester provision and the unduly burdensome provision.
The voluminous request provisions:
  • May be utilized by the public body if more than 5 individual requests for more than 5 different categories of records, or a combination of requests asking for public records from 5 different categories in a 20-day period;
  • Extend the timeline by which the public body must correspond with the requester;
  • May result in the public body calling the (amended) voluminous request as "unduly burdensome" anyhow (NB: why not just use the unduly burdensome provision from the get-go?)
  • Contradict the FOIA provision that allows requesters to INSPECT original documents (an issue decided by an Illinois appellate court in DesPain vs. City of Collinsville), because the bill allows the public body to point to postings of records or information on its website as a sufficient response to the FOIA request--WITHOUT certifying that the online copy is a "true and accurate" copy of the original. 
Requesters routinely ask for documents from more than 5 categories in monitoring government activity.  For example, for a zoning hearing on a proposed permit, a requester might want documents from the:
  • Zoning Commission
  • Development, Planning & Zoning Committee 
  • Finance Department
  • Economic Development Commission
  • Public Affairs & Safety Committee
  • Tax Increment Finance Joint Review Board
  • correspondence between elected officials and staff on the matter at hand and
  • minutes of regular board meetings (that, contrary to the law, may not be posted online).

It is important to note that the FOIA is "Intent-Neutral"--the reason that the requester wants public records is not a consideration that the public body should make in complying with the request.  A document evidencing government business is presumed to be public-- or it may through clear and convincing evidence be withheld through an exception, or an exemption outside the FOIA statute may exist.  These are the only considerations that a public body may take in responding to a FOIA request. 

It should be noted that the unduly burdensome provision is a workable provision--it requires the public body to ask the requester to narrow the request to manageable proportions. 

This bill is partly in reaction to those FOIA requesters who avoided the label of "recurrent requester" by putting their FOIA requests in one letter or email to the public body--an unintended consequence of the recurrent requester provision.  If you remember, a recurrent requester submits 7 FOIA requests in 7 days, 15 FOIA requests in 30 days, or 50 FOIA requests in 365 days.  At the very least, the recurrent requester provision should be removed from the FOIA, if the voluminous request provisions pass and get signed into law. 

While non-profits, scientific, or academic organizations, and the media are exempt from the voluminous request provisions, this bill severely curbs the ability of the public to monitor government activity. 

Thank you,

Maryam Judar
Executive Director/Community Lawyer
Citizen Advocacy Center

What CAC interns are working on this summer

5/22/2014

 
Projects include but are not limited to:  

Legal Research
  • Citizen Participation Act Memo referencing updated Illinois Supreme Court and Appellate Court cases
  • DuPage County Ethics Ordinance: Are public bodies availing themselves of the DuPage County Ethics Commission?
  • Research consolidation of the township assessor's function to become a county function in Lake County citing successful consolidation efforts such as the ACT (Accountability, Consolidation, Transparency) Initiative in DuPage County.
  • Fair Housing Ethics Complaint regarding systemic and discriminatory practices and problems surrounding Section 8 housing.
  • What is the process of modifying the size of a city council (either to increase or decrease the number of board members)?
Government Surveys
  • Confirm that DuPage County elected officials filed the required Statement of Economic Interest.
  • Survey municipalities regarding ‘fire wireless’ maintenance costs to businesses.
  • (The cost of automatic alert to local fire department.)  
  • Comparison of library budgets to establish a rough baseline or “norms” across the state and then check for outliers and inconsistencies. (This is a continuation of a project started in the summer of 2013).
  • Minorities in government positions in Dupage County (data requested by the DuPage NAACP
Projects
  • Public Access Counselor (PAC) Determination Letter Project - In reviewing complaints of violations of FOIA and OMA, the Public Access Counselor issues written decisions, the majority of which are not published on the Illinois Attorney General website. Thanks to cooperation of the Public Access Counselor, CAC is cataloging these decisions and making them available to the public in conjunction with the Chicago Headline Club., with generous support from the McCormick Foundation.
  • Guides for Electoral Boards - Creating brochures for active citizens who face a referendum or electoral board challenge. These brochures will cover how to write and format a referendum question, common challenges to referendum questions and electoral board hearings and more. Once written, these standards can be used to make recommendations to legislators in Springfield regarding changes in the election code.
  • Updating Citizen Guides - CAC is currently seeking funding for this project.  CAC currently has close to 60 different Citizen Guides, one-quarter of which are posted on the CAC website. Our current goals are to (1) update content to reflect changes in the law since their creation (2) situate the topics in a contemporary context and (3) reformat/redesign for easier public consumption. 
Intakes: Legal Questions, Community Organizing and Government Monitoring Assistance Requested from Citizens
Some current places CAC is working:
  • Elmhurst
  • Lyndon
  • Park Ridge
  • Plainfield
  • Schiller Park
  • Villa Park
  • Whoever else contacts us in person, via email, or by phone!

Introducing CAC's 2014 summer interns

5/15/2014

 
Please join us in welcoming our impressive group of high school, college and legal interns.
Thanks to you we have plenty of work to keep them busy!

The intern program runs from Tuesday May 27th - Friday August 1, 2014
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Christopher Annis lives in Winfield and is a junior at Wheaton North High School. He is considering a college major in Political Science and Foreign Relations. Christopher plays violin in the school Chamber Orchestra, is co-captain of the Chess Team, and plays on the Varsity Scholastic Bowl Team, where he  specializes in history. He spent last summer working with a Fermi-lab astronomer on a map of the galaxy.  His interest in government comes from giving speeches at the local and state level to raise support for gifted program funding, and from constantly listening to NPR.

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Mike Chada, from Niles,  just completed his junior year at the University of Illinois at Urbana-Champaign with a major in Economics and a minor in History. He hopes to attend law school after graduating. His hobbies include basketball, weightlifting, and investing. One of Mike's proudest accomplishments in his college career is co-founding Chief Investing Group, a student run organization that brings  students, professors, and professionals with an interest in investing together to learn more about the markets.

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Cassie DeBolt is a rising 2L at University of Dayton School of Law and a graduate of Ball State University with a B.A. in Political Science. She is from Twin Lakes, Wisconsin. Cassie is currently involved in the Volunteer Law Student Program and CASA (Court Appointed Special Advocates for Children) program for Montgomery County.  She loves the Chicago Blackhawks, superhero movies, and planning her wedding for next summer.

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Alec Kramer is a junior at York Community High School in Elmhurst.  He is involved in a variety of clubs and organizations including Speech Team, Model UN,  and Young Politicians. He is also a member of the cross country team.  Alec is passionate about law and politics and plans to major in Political Science in college and attend law school. For the past three years he has run his own car detailing business.

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Amie Leonard is a rising 3L at The John Marshall Law School. She moved to Chicago from Sparta, New Jersey.  Amie is drawn to a career in public interest or human rights law, and this semester she is working at the Cook County Elder Justice Center and The John Marshall Veterans Legal Clinic. As the daughter of a veteran, Amie finds her work at The Veterans Clinic very rewarding.

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Abbey Moffitt is a rising 3L at the University of Iowa College of Law. She was born and raised in West Des Moines, Iowa and received her BA in Journalism/Mass Communications and Political Science with honors from the University of Iowa in 2012. She is also a Note and Comment Editor for the Journal of Transnational Law & Contemporary Problems. Abbey has previously worked for the Self-Employed Women's Association (SEWA) in Ahmedabad, Gujarat, India, and the University of Iowa Center for Human Rights.

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Krystian Seebert, from Lombard, just completed his sophomore year at Villanova University in Pennsylvania where he is majoring in Psychology, with minors in Chinese and Economics. He plans to attend law school and ultimately hopes to work as an immigration lawyer. In high school Krystian was involved in National Honor Society, baseball, and musical theater. At Villanova, he is involved in Knights of Columbus, the Asian Student Association, and intramural sports. Additionally, he has taken part in service oriented alternative spring breaks.


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Georgia Smithee is a rising 3L at Indiana University's Maurer School of Law in Bloomington who also completed her undergraduate studies at Indiana University. Georgia is a long-time Hoosier, but not a life-long Hoosier.  In 2003, after her dad retired from the Air Force, her family moved to a tiny town called Fairmount in central Indiana. The "military brat" experience left Georgia a culture/travel junkie.  She studied in India last semester and found that to be transformative on both a personal and professional level.  Georgia enjoys reading, eating, socializing, practicing yoga, and hanging out with her cat.

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Adam Walker is a rising 3L at The University of Michigan Law School. He was born in Oxford, Michigan, and earned a Bachelor of Science degree in Religion at Central Michigan University.  Adam spent two summers working with a prosecutor's office in Michigan but his long-term career goal is to work in-house for a non-profit. He is an avid sports fan, especially with respect to Detroit sports and teams, and spends his free time keeping up with them.

Public Access Counselor (PAC)  interprets "right to speak" provision in the Open Meetings Act

5/14/2014

 
Read the PAC Determination Letter

State action supports local food initiatives

5/13/2014

 
IL House Human Service Committee Chair Robyn Gabel (D-Evanston) has introduced a state policy proposal urging Gov. Quinn to support community-based strategies to help reduce hunger and poverty. The resolution builds on principles established through the IL Local Food Farms and Jobs Act of 2009 to promote grassroots democracy and Main Street economies.

For more details read 
Evanston's State Rep.Gabel seeks a resolution for coordinated food strategy published in the Evanston Review 5/13/14 OR this Daily Northwestern report on 5/20/14.

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