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Recent Court Decisions

Recent court and agency decisions involving board work

IASB's Office of General Counsel prepares summaries chosen from the Illinois Supreme and Appellate courts, federal court, agencies, the Illinois Public Access Counselor, and other tribunals issuing interesting decisions. Information in the summaries is limited to a brief synopsis and is not intended for purposes of legal advice. For the complete text of any case cited in this section, go to the Illinois state courts, Illinois Attorney General, or Federal courts finder links.

To search by the names of the plaintiff or defendant or other keyword, use the site search box located at the top of this website. Then filter results by Court Decision.

Questions regarding Recent Court and Agency Decisions should be directed to Maryam Brotine, ext. 1219, or by mbrotine@iasb.com.

Court decisions are listed in order of the date posted, with the most recent shown first.
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  • Freedom of Information Act - FOIA
    Failing to Provide Employee Names/Email Addresses in FOIA Request Insufficient to be “Unduly Burdensome"
    Case: Public Access Opinion 23-007
    Decision Date: Friday, May 26, 2023
    On February 16, 2023, Requestor submitted a Freedom of Information Act (FOIA) request to the City of Chicago Department of Planning and Development (Department) seeking “all emails, sent or received by [the Department], or circulated internally to the Department, in calendar year 2021, emails all or in part regarding the City-owned property at 6435-6445 N California Ave, commonly known as the former Northtown branch of the Chicago Public Library, and all emails containing any of the following keywords …”

    The Department responded that the Requestor must provide (1) the name or email address of the employee, (2) the timeframe for the email search, and (3) any specific keywords for the search. The Department noted that failing to provide all of the search parameters would require reviewing all emails to determine whether they are relevant to the request, which would be unduly burdensome.

    Section 3(g) of FOIA states that public bodies must comply with requests for all records within a category unless compliance would be unduly burdensome. If compliance is unduly burdensome, the public body must specify the reasons why compliance would be unduly burdensome and the extent to which compliance would burden the operations of the public body.

    On review, the Public Access Counselor (PAC) noted that Requestor had only failed to provide the names/email addresses of employees. Since a public body is typically in a better position than a member of the public to know the names and email addresses of public employees who would have records relating to particular subjects and FOIA only requires that a request reasonably identify a public record, the PAC held that simply failing to provide names/email addresses of specific employees is insufficient to be unduly burdensome. Rather than searching every account, public bodies must make judgment calls about the appropriate personnel to consult.

    This opinion is binding only to the parties involved and may be appealed pursuant to State law.

    Michelle Yang, IASB Law Clerk
     
  • Freedom of Information Act - FOIA
    Duty to Respond to FOIA Requests
    Case: Public Access Opinion 23-006
    Decision Date: Wednesday, May 3, 2023
    On December 13, 2022, a reporter submitted a Freedom of Information Act (FOIA) request to the Chicago Public Library (Library) seeking copies of e-mail correspondence concerning Supreme Court Justice Sonia Sotomayor’s appearance at an October 12, 2018, Library event. On December 14, 2023, the Library acknowledged receiving the FOIA request and extended its time to respond by five business days.

    On February 15, 2023, the reporter submitted a Request for Review to the Public Access Counselor (PAC) alleging that the Library had failed to respond to his FOIA request. The PAC forwarded a copy of the Request for Review to the Library and asked whether the Library had provided a substantive response to the FOIA request. The Library did not respond directly but sent the reporter an email on March 3, 2023, copying the PAC. The e-mail stated that the Library planned to expand its search for responsive records and would respond as soon as possible.

    On March 17, 2023, the reporter informed the PAC that the Library still had not substantively responded to his request. On March 24, 2023, the PAC sent a second letter and copies of previous correspondence to the Library’s Director of Government and Public Affairs. The Library did not respond to that letter.

    As of the date of the issuance of this binding opinion, the PAC still has not received information indicating that the Library has provided a substantive response to the reporter’s FOIA request.

    Section 3(d) of FOIA provides that “each public body shall, promptly, either comply with or deny a request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended under subsection (e) of this Section.”

    The PAC concluded that the Library violated section 3(d) of FOIA by failing to comply with, deny in whole or in part, or otherwise appropriately respond to the FOIA request submitted on December 13, 2022.

    The PAC directed the Library to provide the reporter with copies of all records responsive to his December 13, 2022, request, subject only to permissible redactions, if any, under Section 7 of FOIA. If the Library determines that any portion of the responsive records is exempt from disclosure under Section 7, the PAC directed the Library to issue a written denial that fully complies with the requirements of section 9(a) of FOIA.

    This opinion is binding only to the parties involved and may be appealed pursuant to State law.

    Mary H. Bandstra, IASB Law Clerk
     
  • Open Meetings Act - OMA
    Improper Closed Session Discussion of Various Topics Under the Exception for Setting the Price for Sale or Lease of Property
    Case: Public Access Opinion 23-005
    Decision Date: Tuesday, April 25, 2023

    On February 10, 2023, a petitioner submitted a Request for Review to the Public Access Counselor (PAC) alleging that the Board of Trustees for the Lyons Township High School District 204 (Board) violated the Open Meetings Act (OMA) on multiple occasions, including by exceeding the scope of the exception that it cited to enter closed session twice at its January 23, 2023, meeting.

    Section 2(a) of OMA requires that all meetings of public bodies be open to the public unless the subject of the meeting is covered by one of the limited exceptions enumerated in Section 2(c). Exceptions are to be strictly construed, extending only to subjects clearly within their scope. Section 2(c)(6) permits a public body to close a portion of a meeting to discuss “[t]he setting of a price for sale or lease of a property owned by the public body.”

    On January 23, 2023, the Board closed two portions of its meeting to the public to discuss what the Board’s response to the PAC characterized as the next steps in marketing and selling a parcel of property. The Board also discussed in closed session additional topics related to the potential sale of the property, but it did not discuss setting the price of the property.

    The PAC concluded that the Board violated Section 2(a) of OMA by discussing possible courses of action and scenarios that might occur following the Board’s potential rejection of bids, which do not fall within the scope of Section 2(c)(6) of OMA, or any other exception to the general requirement that public bodies conduct public business openly.

    The PAC directed the Board to disclose to petitioner and make publicly available the closed session verbatim recordings and closed session minutes of its January 23, 2023, meeting.

    This opinion is binding only to the parties involved and may be appealed pursuant to State law.

    Mary H. Bandstra, IASB Law Clerk

  • General Interest to School Officials
    ADA Suit for Compensatory Damages after IDEA Complaint Does Not First Require Exhaustion of IDEA Administrative Processes
    Case: Miguel Luna Perez v. Sturgis Public Schools, et al. 143 S. Ct. 859 (2023)
    Decision Date: Tuesday, March 21, 2023
    On March 21, 2023, the Supreme Court of the United States (Court) issued its unanimous decision in Perez v. Sturgis Public Schools, holding that 1) the administrative exhaustion requirement in the Individuals with Disabilities Education Act (IDEA) applies only to suits brought under another federal law that seek relief also available under IDEA, and 2) petitioner was not required to exhaust administrative procedures under IDEA before seeking relief in the form of compensatory damages under the Americans with Disabilities Act (ADA).

    Petitioner Miguel Luna Perez, who is deaf, attended schools in Michigan’s Sturgis Public School District (District) from ages 9 through 20. When the District announced that it would not permit Mr. Perez to graduate, he and his family filed an administrative complaint with the Michigan Department of Education alleging that the District failed to provide him a free and appropriate public education as required by the IDEA . They claimed that the District supplied Mr. Perez with unqualified interpreters and misrepresented his educational progress. The parties reached a settlement in which the District promised to provide the forward-looking relief Mr. Perez sought, including additional schooling.

    Mr. Perez then sued in federal district court under the ADA seeking backward-looking relief via compensatory damages. The District moved to dismiss. It claimed that 20 U. S. C. §1415(l) barred Mr. Perez from bringing his ADA claim because it requires a plaintiff “seeking relief that is also available under” IDEA to first exhaust IDEA’s administrative procedures. The district court agreed and dismissed the suit, and the Sixth Circuit affirmed.

    In its unanimous opinion, the Court noted that, first, the statute sets forth this general rule: “Nothing in [IDEA] shall be construed to restrict” the ability of individuals to seek “remedies” under the ADA or “other Federal laws protecting the rights of children with disabilities.” Second, the statute offers a qualification, prohibiting certain suits with this language: “[E]xcept that before the filing of a civil action under such [other federal] laws seeking relief that is also available under this subchapter, the procedures under subsections (f) and (g) shall be exhausted.” In turn, subsections (f) and (g) provide affected children and their parents with the right to a “due process hearing” before a local or state administrative official, followed by an “appeal” to the state education agency.

    Mr. Perez’s ADA complaint was seeking compensatory damages, a remedy IDEA cannot supply. Mr. Perez argued that the statute required him to exhaust the administrative process found in subsections (f) and (g) only to the extent he pursued a suit under another federal law for remedies IDEA also provides. The District argued that the statute requires a plaintiff to exhaust subsections (f) and (g) before he may pursue a suit under another federal law if that suit seeks relief for the same underlying harm IDEA exists to address.

    The Court noted that the language of the statute focuses on “remedies”, and that “everyone agrees” that the IDEA does not provide for compensatory damages. Therefore, Perez was not required to exhaust administrative procedures under IDEA before seeking compensatory damages under ADA. The Court reversed the judgment of the Sixth Circuit and remanded the case for further proceedings.

    Mary H. Bandstra, IASB Law Clerk

     
  • Open Meetings Act - OMA
    Agenda Must State General Type of Employee and Personnel Transaction When Taking Final Action on Severance Agreement
    Case: Public Access Opinion 23-004
    Decision Date: Monday, March 27, 2023
    On January 5, 2023, Requestor submitted a Request for Review to the Public Access Counselor (PAC) alleging that the Board of Education of Township High School District 214 (“Board”) had violated Open Meetings Act (OMA) Sec 2.02(c) during its September 15, 2022 meeting by taking final action to approve a severance agreement with an assistant superintendent without setting forth the general subject matter of that final action on the meeting agenda.

    The agenda for the September 15, 2022 meeting indicated that the Board would adjourn to closed session to discuss “the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body,” which is proper under Sec. 2(c)(1). It also indicated that the Board would reconvene in open session to take final action, which is required under Sec. 2(e). The meeting minutes posted online on October 25, 2022 state that the Board approved “Personnel Report Transaction II”. However, neither the agenda nor the minutes indicated that the Board was approving a severance agreement involving a payout of $183,274 to an assistant superintendent who had been with the district since 2013.

    First, the PAC found that Requestor’s Request for Review was timely. Sec 3.5(a) states that one may file a request for review within 60 days of the alleged OMA violation. However, Sec 3.5(a) also states that if one using reasonable diligence only discovers facts about the violation after the 60-day period but before two years after the violation, they may still file a request for review within 60 days of the discovery. In this case, the PAC noted that the agenda and meeting minutes were sufficiently vague that a person using reasonable diligence would not have known about the severance agreement. Requestor only learned about the severance agreement from newspaper articles published in December 2022. Since his request was made within 60 days of his discovery, it was timely under Sec 3.5(a).

    Second, the PAC found that the Board had violated Sec. 2.02(c) of OMA. Sec 2.02(c) requires that agendas must set forth the general subject matter of any resolution or ordinance that will be the subject of final action at a meeting. The PAC noted that the “general subject matter” must be sufficiently descriptive to provide advance notice to the public. In this case, the agenda did not mention either the general type of employee or general type of personnel transaction. The public could not have known that the Board intended to take final action on a $183,274 severance agreement, which was significant and plainly distinguishable from other routine personnel transactions.

    The PAC ordered the Board to re-vote the severance agreement at an open meeting with a sufficiently detailed agenda item. For future personnel transaction approvals, the Board is also required to note the general type of employee and general type of personnel transaction on the agenda.

    This opinion is binding only to the parties involved and may be appealed pursuant to State law.

    Michelle Yang, IASB Law Clerk