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Thursday, June 25, 2009

GRANITE CITY NOT COMPLIANT WITH THE FREEDOM OF INFORMATION ACT

Jeremy L


It appears that after making a few requests and a little bit of research that the City of Granite City is in violation of the Illinois Freedom of Information Act. Not knowing what all kinds of information is available; I asked if there was a list of all the types or categories of records that are available. City Clerk Judy Whitaker's response is that everything is a matter of public record, what do you want to know? I again said I wanted a list of all the types of records available for inspection and or copying. I was most dumbfounded when she proceeded to tell me that she needed to know a specific category of what I was looking for. Funny that, how can I request a specific category if I don't know what all types of categories there are. Currently as the law states:

(5 ILCS 140/5) (from Ch. 116, par. 205)
Sec. 5. As to public records prepared or received after the effective date of this Act, each public body shall maintain and make available for inspection and copying a reasonably current list of all types or categories of records under its control. The list shall be reasonably detailed in order to aid persons in obtaining access to public records pursuant to this Act. Each public body shall furnish upon request a description of the manner in which public records stored by means of electronic data processing may be obtained in a form comprehensible to persons lacking knowledge of computer language or printout format.


City officials seem to not understand what the Freedom of Information Act entails as no such list exists. Not having such a list as stated by law lays a cloak of secrecy over much of what they have. If people don't know they have it, they can't see it. Furthermore when asked, Mrs Whitaker didn't even have a copy of the Freedom of Information Act.

It seems to be the same issue at the Granite City Police Department. When I spoke with Marti Tanthavong in the records department and asked for a list of all types of records that were a matter of public record I was told I could get Police Reports where I am the victim and Accident reports. Nothing else is a matter of public record except what I just listed to you. I asked for example what about emails or memo's sent within or out of the department. Marti stated that if she sent a memo to another worker it was not public record.

(c) "Public records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, recorded information and all other documentary materials, regardless of physical form or characteristics, having been prepared, or having been or being used, received, possessed or under the control of any public body.

There are a few exceptions as listed by law, but to deny a record, they must list the statute granting authority for denial. All denials for public records must be maintained and made available for inspection upon request.


A Complete Guide to the Illinois Freedom of Information Act (pdf reader required)

Text of the Statute can be found here

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