Illinois Senate Republicans are calling on Attorney General Kwame Raoul to investigate concerns that the state’s Freedom of Information Act (FOIA) may be systematically misused in some cases to generate litigation and settlement demands for financial gain.
In a letter signed by the Senate Republican Caucus, lawmakers emphasized that their concerns are not directed at legitimate public records requests or the public’s right to access government information. Instead, they are asking the Attorney General to determine whether an alleged pattern of FOIA requests, litigation, and settlement demands constitutes misuse of the law and whether any of the conduct could rise to the level of fraudulent activity.
The caucus letter cites information collected by the Illinois Municipal League. According to the letter, 689 municipalities responded to an IML survey as of August 28, representing 53.2 percent of Illinois municipalities. Of those respondents, 41.2 percent reported FOIA requests increasing by more than 50 percent during the previous five years, while another 25.4 percent reported increases between 25 and 50 percent.
Lawmakers say they have heard from local units of government about repetitive or formulaic FOIA requests that are later followed by threatened court action. The letter says some of the entities involved are small fire districts, drainage districts, and townships with limited budgets and without full-time staff to handle requests and litigation.
FOIA is an important transparency law that gives Illinoisans access to government records and that legitimate use of the law must remain protected.
The concerns being raised by local governments are serious enough to warrant an investigation and that taxpayers deserve to know whether FOIA is being deliberately exploited to create litigation and settlement opportunities.
The Senate Republican letter to the Attorney General can be viewed here.
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