State’s Attorney Ignored AG’s Inquiry; Violated FOIA –

Madison Co., IL. (ECWd) –

The Illinois Attorney General’s Public Access Counselor has issued a determination that the Madison County State’s Attorney did not demonstrate it conducted an adequate search for public records requested under the Freedom of Information Act.

• The AG asked the Board and the State’s Attorney for a response at least 4 times, and was ignored
• In the absence of the requested explanations, this office is unable to determine that the State’s Attorney’s Office or Board performed searches that were reasonably calculated to have located records responsive to the first three portions of Ms. Dorman’s requests.
• Accordingly, this office has no basis from which it could conclude that either public body performed adequate searches.
• This office requests that the State’s Attorney’s Office and Board perform supplemental searches of any recordkeeping systems that would be expected to maintain records of the responsive notices, descriptions of the relevant allegations, or the evidence reviewed in connection with the board resolution
• The AG did not exercise its statutory authority to issue a subpoena to the Board and State’s Attorney

Moral of this story, and others like it, to Illinois local governments: Ignore all Attorney General Public Access Counselor requests for information, because they will not force your hand and you can either delay document production or keep all of it secret (until you get sued by the requester).