In a recent decision, Girot v. Board of Trustees of the Braidwood Police Pension Fund, an Illinois Appellate Court overturned a pension board determination that a former police chief was not entitled to a not-on-duty disability pension.  In February 2019, the Braidwood Police Pension Board had concluded that the chief was no less disabled when he took the job with the police department than when he finished his service, and as a result he…

Today’s case involves the U.S. Constitution and cats, two topics that don’t usually go together. Gaetzjens v. City of Loves Park (7th Circuit Court of Appeals) Sally Gaetjens owned a home in Loves Park, Illinois where she bred cats. In 2014, she went to the doctor for high blood pressure and was told to go to the hospital. When neither her doctor or her neighbor could locate Gaetjens, the Loves Park police were called and…

Thanks again to a reader who forwarded a copy of a recent Public Access Counselor (PAC) binding opinion in a FOIA appeal. The Attorney General’s website page where public bodies could previously find information about FOIA and OMA, including access to the PAC’s electronic training program and PAC binding opinions is still down.  In PAC Op. 21-005, a requester filed a request for review with the PAC after a municipal police department provided a…

In 2018, the Chicago Sun-Times submitted a FOIA request to Cook County Health and Hospital System (CCHHS). The first part of the request sought policies, memos, and other records regarding CCHHS’s compliance with the Criminal Identification Act (Act). The second part sought the times/dates of admissions for gunshot wound patients seeking treatment at CCHHS, and the corresponding times/dates these admissions were reported to law enforcement. Although CCHHS disclosed responsive policies, CCHHS withheld the requested time/date…

Ancel Glink’s Quorum Forum Podcast just released Episode 54: Litigation and Legislation.  In this episode, we discuss common questions local officials have about lawsuits they might encounter while serving the public. We also review legislation from the Illinois General Assembly’s 2021 spring session. Send your questions about litigation and legislation to podcast@ancelglink.com Municipal Minute is authored by Julie Tappendorf, a partner at the Ancel Glink law firm in Chicago, to provide timely legal updates on…

Chicago Public Media submitted several FOIA requests to the Cook County Office of the President (OCCP) seeking records relating to a political action committee chaired by a commissioner of the Cook County Board of Commissioners. In response, OCCP produced certain records, and withheld other information based on FOIA exemption 7(1)(f), the deliberative process exemption, and 7(1)(m), the attorney-client communication exemption. Chicago Public Media sued alleging that OCCP improperly withheld certain non-exempt records. After reviewing the…

In 2017, the Chicago Sun-Times submitted a FOIA request to the Chicago Transit Authority and the Chicago Police Department seeking surveillance footage of an assailant charged with attempted murder for pushing a CTA customer onto the tracks at a subway station. Both public bodies denied the FOIA request, arguing that the security video was exempt under FOIA section 7(1)(v), which  exempts the following from disclosure: security measures *** that are designed to identify, prevent, or…