Illinois Municipal League
Today is September 08, 2010
  

96th General Assembly News > FOIA / OMA >

Governor Uses Veto Pen to Limit FOIA Exemption for Performance Reviews

By Brian Day, Staff Attorney, IML

As passed by the General Assembly, House Bill 5154 amended the Personnel Record Review Act to prohibit the disclosure of performance evaluations under the Freedom of Information Act. On July 26, 2010, Governor Quinn issued an amendatory veto for the bill. The amendatory veto changes the bill to exempt only state and local law enforcement personnel disclosure.

The Illinois Municipal League supported the passage of House Bill 5154. Performance reviews can be highly sensitive and are rife with personal and private information that could be harmful to individuals if disclosed. Most states in the country recognize the need for discretion in the use of personnel files and limit their disclosure.

The Governor's amendatory veto is a disappointment because it deprives public servants of the privacy enjoyed by every other employee in Illinois. It reduces the use of performance evaluations as a tool for the efficient management of communities. Communities need the ability to communicate honestly and openly with their employees concerning job performance. This need outweighs the need for the public to review every routine employment matter.

Earlier this year, Governor Quinn signed a similar bill to exempt the performance evaluations of teachers and school administrators.

The next action on this bill will be in the November Veto Session. Governor Quinn's amendatory veto does not take effect unless it is approved by a majority of the members of the General Assembly. The veto may be overridden by a three-fifths vote from each chamber. Please contact your Representatives and Senators and ask that they override Governor Quinn's amendatory veto of House Bill 5154.

Click here to read the Governor's veto message.

Click here to read an article in the State Journal-Register on this issue.