Open Illinois.org

How does your local government respond to FOIA (Freedom of Information Act) appeals? When denied a FOIA request, would you like to improve your local government’s process for considering appeals? Liberty Leaders in Champaign proposed the following resolution to the County of Champaign. You can use this language as a model for your own transparency laws or resolutions at the village, township, city, and county levels, and with school, library and park district boards.

A RESOLUTION TO ALLOW CITIZENS TO APPEAL FOIA DENIALS TO THE FULL COUNTY BOARD

WHEREAS, the Illinois Freedom of Information Act states that “it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees.”; (5 ILCS 140/1) and

WHEREAS, it also states that anyone denied access to public records may appeal to the chair of the public body or his designee. If the appeal is denied, the requesting person may then file suit in the circuit court. (5 ILCS 140/10) and

WHEREAS, the citizens of Champaign County desire their government to be as open as possible, without requiring citizens to go to court,

NOW, THEREFORE, BE IT RESOLVED that anyone denied access to county records may also appeal to the full County Board for consideration at their next regularly scheduled meeting.

BE IT FURTHER RESOLVED that a two-thirds majority is required to sustain the denial, which rule may not be suspended.

This resolution shall become effective at the first County Board meeting following adoption of this resolution.