May 29, 2008
FOIA'd AGAIN
"Members of boards and commissions around town may be interested to learn of the Illinois Attorney General’s opinion concerning a DuPage Water Commissioner’s attempts to pry routine information out of that agency.
At the commission’s May 8 meeting, Elizabeth Chaplin questioned $4,600 worth of office supplies purchased in March and April and was told a response would be forthcoming. It wasn’t, and Chaplin continued to press the commission for answers for some days.
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On May 14, she was told she could review the records in the commission office during regular business hours. It was the same response she’d received to a March request for prior years’ receipts for office supplies, building and grounds maintenance and other expenses. Chaplin, who works full-time, chose not to pursue the matter and never received the information.
But she wasn’t willing to let her latest request go that easily. Chaplin contacted Terry Mutchler at the AG’s office to discuss the difficulties she was encountering.
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As soon as the commission staff found out that Mutchler had been notified, they agreed to allow Chaplin to view the records on a Saturday, but asked if she could do it between 8 a.m. and 9 a.m., Chaplin said.
On Mutchler’s advice, Chaplin asked for the information to be sent by e-mail or snail mail, but was rebuffed due to the amount of information being requested. At that point, Chaplin decided to let the AG continue the fight in her stead.
Last week, commission chairman Louis Rathje got a response — one that might have implications for other board members seeking information from staff members.
“Ms. Chaplin, as a commissioner of the DuPage Water Commission, is not required to submit a Freedom of Information Act request to obtain documents from the commission,” wrote Amanda Lundeen, assistant attorney general.
“Rather, Ms. Chaplin, as a public official, has a right to access all documents and information necessary to the proper performance of her duties as a water commissioner,” the letter continued. “A board member cannot be denied access to information relevant to the exercise of his or her duties, including information that would not generally be subject to public disclosure.”
Lundeen also rebuked the commission staff for refusing to furnish the requested records. A public body cannot “demand that an individual come to the office of the body to inspect the record,” she wrote.
Given the concern some public institutions have expressed about excessive FOIA requests by officials, Lundeen’s opinion seems to offer reassurance.
Turns out those formal legal requests are quite unnecessary."
DGReport.com
