Western Springs Breaks State Records Law: Agency

WESTERN SPRINGS, IL – Western Springs violated the state's open records law by withholding certain records related to the village's transfer of land to the Illinois Tollway, the attorney general found this month.

Also, the village took the rare step of refusing to release to the attorney general its lawyer's correspondence.

Under state law, a public body must divulge documents in question when a records dispute reaches the attorney general's office, which must keep them secret during its process.

In an email Monday, the village's spokeswoman, Selmin Cicek said no one at Village Hall had received the attorney general's letter.

"(W)e cannot comment on any next steps until it is reviewed with legal counsel," Cicek said.

In December 2023, Western Springs resident David Fulghum challenged the denial with the attorney general.

In the March 7 letter, the attorney general found the village improperly withheld emails between the village and the Tollway.

The village cited an exception under the Freedom of Information Act that allows it to keep secret preliminary drafts and notes.

But Teresa Lim, a lawyer in the attorney general's office, said the messages weren't preliminary because the agencies were different parties with independent interests.

Lim noted the law "unambiguously" requires that a public body cooperate and provide all records at issue to the attorney general's office, which conducts a confidential review.

"The mandate ... could not be more clearly stated," she said.

No exception is made for an agency to assert that records are protected by attorney-client privilege, she said.

"The Village's refusal to provide a copy of the contested emails and for confidential review undermines the Public Access Counselor's ability to conduct the type of comprehensive review that the General Assembly deemed to be crucial," Lim said.

Western Springs, however, furnished the attorney general with a log of the correspondence. One email should have been unveiled, Lim said. It was a message from the village's attorney to the Tollway.

"(T)here is no indication that the attorney has an attorney-client relationship with the Tollway," Lim said.

The attorney general requested the village release the documents at issue. Now, the village must decide what to do. Usually, public bodies comply with the attorney general's requests.

In an email to Patch, Fulghum, who lives in a neighborhood next to Interstate 294, said he is concerned about flooding in his area of town.

"It is about flooding and not compensating all property owners fairly and raising taxes and fees on Western Springs homeowners while they 'give away' a valuable asset to the Tollway," Fulghum said. "This is far from over."