The Illinois Freedom of Information Act (FOIA) defines a Public Body as “all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards,bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees thereof and a School Finance Authority created under Article 1E of the School Code.”
So, even if the City defines the Nauvoo Hotel Motel Tax Board as an advisory board, it is still under the FOIA.
Additionally, it defines Public Records as “all records, reports, forms writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body.”
So, even if the city did not create the documents in question, (including documents “received by” the City), they are under FOIA.
The Open Meetings Act (OMA) defines “public body” to include “all legislative, executive, administrative or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, and any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue, except the General Assembly and committees or commissions thereof.”
So, the Hotel Motel Board is also required to conduct its meetings in accordance with the OMA.
A court ultimately can impose a civil penalty of between $2,500 and $5,000 per FOIA violation.