East Central Reporter

The Oak Brook Park District is requiring one of its elected commissioners to sign a nondisclosure agreement before granting access to unredacted attorney invoices. The district has also threatened legal action if the commissioner does not comply.

According to information reviewed, public officials in Illinois are entitled to access the records of their public bodies without being compelled to sign such agreements. The only exception is outlined in Section 2.06(e) of the Open Meetings Act, which addresses closed session recordings and specifies how they may be accessed and stored, but does not limit whether an official can access them.

The statement from Edgar County Watchdogs notes: "Public Officials have access to the public records of the public body and cannot be forced to sign any nondisclosure agreement. The only statute in Illinois that restricts a public official’s access to any records is contained in the Open Meetings Act, Section 2.06(e) and it deals with closed session recordings and 'how' they are accessed and stored, not 'if' they can be accessed."

Legal experts suggest that when legislation restricts certain records, it implies that other types of records should remain accessible unless specifically restricted by law.

Edgar County Watchdogs further states: "We could find no law permitting a park district to condition the access of records to the signing of a nondisclosure agreement."

Commissioners serve as elected representatives responsible for overseeing park district operations, including voting on payment for legal services. According to Edgar County Watchdogs: "Park District Commissioners are elected by the public and should have access to the records of the park district. They are required to vote on payment of the attorney invoices and must be given access to those unredacted invoices to ensure they are proper, without being forced to sign a nondisclosure agreement and without threat of legal action."