(Court order corrected 7/18/16.) Court entered preliminary injunctions in favor of Plaintiff Fraternal Order of Police, which enjoin Defendants from releasing certain information contained in records ("CRs") generated by police oversight agencies' investigations of citizen complaints of alleged police misconduct. Plaintiff failed to raise fair questions as to existence of rights claimed under Section 8.4 of parties' collective bargaining agreement and under Section 8 of Illinois Personnel Record Review Act, and thus has not shown any likelihood of success on the merits. CR files and related information are subject to disclosure under FOIA in absence of applicable exemption. Court was without legal basis to enjoin Defendants from releasing requested records.in aid of arbitrations. Record Review Act does not provide basis to withhold CR related information requested under FOIA.Amendment to Section 11 of Record Review Act exempts only "performance evaluations" from FOIA disclosure. (ROCHFORD and DELORT, concurring.)
Illinois Appellate Court
Civil Court
FOIA