Better Government Association

Changes in laws, attitude needed to improve public access

By the Pantagraph Editorial Board
October 8 2007

Illinoisans need better access to government information and meetings. But the biggest stumbling block will be lobbying from the same people who misinterpret - if not outright ignore - existing laws on freedom of information and open meetings.

Attorney General Lisa Madigan, who wants to strengthen the Freedom of Information and Open Meetings acts, is right in saying it will require a united front from the taxpayers and press to get needed changes.

The problem is seen in the number of inquiries received by Madigan's public access counselor - more than 3,000 since the office was created about three years ago. The vast majority of those requests for help come from individual citizens, not the media.

The problem also has been highlighted in tests during the past several years by the Associated Press, Illinois newspapers and the Better Government Association.

In these tests, individuals asked agencies for documents that are required to be available to the public. In far too many cases, access was denied.

The problem is also graphically represented in the "Worsty Awards" presented last month by the Illinois Press Association to the "worst" abuses of Illinois' public access laws.

-- The University of Illinois Board of Trustees, which allowed its chairman to end the Chief Illiniwek tradition without taking a public vote.

-- The Woodford County Zoning Board of Appeals, which called a "recess" during a meeting about a proposed wind farm near Carlock, then had a private discussion in the corner of the room where they were meeting.

-- The Caledonia Village Board of Trustees which raised the price of copies of public documents from 15 cents to a dollar a page in hopes it would "slow some of these FOIA requests down." The board reluctantly rescinded the increase four months later, under pressure because the Freedom of Information Act specifically states the charge "shall not exceed the actual cost of reproduction and certification."

Madigan's office is gathering examples of access abuses like this to put together a proposal for legislative reforms.

We wish her luck in streamlining the process, clarifying ambiguities and narrowing exceptions.

It will take more than changes in the law to improve public access to information. It will take a change in attitude from public officials who seek ways to circumvent citizens' right to know.