Chicago – In recognition of Sunshine Week, Attorney General Kwame Raoul released the Public Access Counselor Annual Report with details of a sampling of over 6,000 new matters received in 2025, as well as other matters the Public Access Counselor (PAC) addressed last year.
The PAC works to increase transparency in Illinois government by resolving disputes regarding public bodies’ compliance with the state’s Freedom of Information Act (FOIA) and Open Meetings Act (OMA). The 2025 report also describes how the PAC trained thousands of individuals on Illinois’ transparency laws in webinars, seminars and conferences throughout the state.
“During Sunshine Week, I’m proud to highlight the dedication of my office’s Public Access Bureau in ensuring government agencies in Illinois are transparent and accessible to the residents they serve,” Raoul said. “The statistics in this year’s report highlight increased interest from the public in obtaining information about the workings of their government. To ensure public bodies understand their obligations under Illinois’ transparency laws, I encourage all appointed and elected officials and FOIA officers to attend one of the many critical and thorough trainings led by the Public Access Bureau throughout the year.”
Since the PAC’s creation under state law in 2010, members of the public and the media have submitted more than 66,000 matters to the PAC for review. Last year, the PAC received 6,080 formal requests for assistance pursuant to FOIA and OMA – an average of more than 500 new matters per month.
The PAC’s determinations have created new and important legal guidance in Illinois to explain the public’s right to obtain public records and to ensure meetings are open to the public, thereby fostering increased transparency in government. They have successfully clarified the law, especially on issues that have not been addressed by courts.
In addition to analyzing and resolving disputes through binding and non-binding opinions, the PAC conducts trainings, both remote and in person, that inform government officials about their duties under FOIA and OMA. Last year, the PAC bureau hosted 16 webinars attended by more than 3,600 individuals.
In 2025, the PAC issued 16 binding opinions, which are enforceable in court and create legal guidance concerning Illinois’ government transparency laws. Among the notable matters that resulted in binding opinions last year were the following:
- 25-004, issued May 19, 2025: The village of Burr Ridge Police Department denied a reporter’s FOIA request seeking copies of all video recordings that documented a police officer’s arrest for driving under the influence. The department withheld a recording pursuant to section 7(1)(n) of FOIA, which applies to records related to adjudications of employee grievances and disciplinary cases. The department asserted that the recording was exempt because it was used as evidence during the adjudication of a disciplinary case that resulted in the suspension of the police officer. Because the recording was created well before any disciplinary proceedings took place and existed independently of the adjudication of the disciplinary case, the Attorney General concluded that the recording was not exempt pursuant to section 7(1)(n). The opinion emphasized that construing the scope of the exemption to encompass underlying evidence that was the basis for discipline would allow public bodies to withhold from the public a wide range of preexisting records pertaining to misconduct by public employees and officials. The department disclosed the recording to the reporter.
- 25-007, issued June 24, 2025: After voters passed a referendum approving the construction of a municipal swimming pool, the city of Peru (city) formed a Pool Committee (committee) to gather information and make recommendations concerning the potential designs, features, costs and locations for the pool. The committee held private meetings and did not otherwise comply with the requirements of OMA. The city contended that it was not required to do so because the committee was merely an informal advisory committee. This opinion considers the question of whether the committee is a subsidiary body of the city council. Members of the committee were appointed by the mayor and included two members of the city council and a city administrator. Other city employees helped to facilitate meetings and the committee’s efforts to develop a public swimming pool, which is a governmental function pursuant to the Municipal Code. In light of the government nature of the committee’s activities and the degree of government control exercised by the city, the opinion concluded that the committee was a subsidiary body of the city council, subject to the requirements of OMA, and directed it to comply with the act in the future.
The PAC also helps resolve transparency issues between government bodies and members of the public through the use of non-binding determinations and informal negotiations. Here are some examples of such resolutions:
- 2025 PAC 89417: The village of Hanover Park partially denied a FOIA request from a journalist seeking copies of specified emails. The journalist argued to the PAC that certain emails should have been disclosed, and others were improperly redacted. After a PAC attorney conferred with the journalist and the village’s FOIA officer, the village agreed to release the emails with fewer redactions.
- 2025 PAC 85877:A union representative requester alleged that the East Alton School District No. 13 Board of Education improperly discussed upcoming board elections and potential union endorsements during a closed session meeting. The PAC forwarded the request for review to the board and requested a copy of the closed session recording with the board’s response to the allegation. The board denied that it discussed the election and union endorsements during closed session, and the PAC’s review of the recording confirmed that assertion. The PAC attorney handling the matter then spoke with the union representative, who confirmed that the board’s response and the PAC’s confirmation resolved the request for review.
Any group or entity interested in attending or hosting a training conducted by a representative of the Attorney General’s office can email special.events@ilag.gov for more information. More information about Illinois’ sunshine laws, as well as a copy of the report that includes frequently asked questions can be found on Raoul’s website. For assistance from the Public Access Bureau, contact the hotline at 1-877-299-FOIA (3642), or email public.access@ilag.gov.
