College of DuPage Foundation FOIA case looks weak after court decision, group says
The difference between being contracted to perform a governmental function and not being contracted to do so could spell trouble for the College of DuPage Foundation's hopes for a reversal of a Freedom of Information Act (FOIA) decision, the Edgar County Watchdogs (ECW) contend.
The Illinois Supreme Court recently ruled in favor of the Illinois High School Association in a Better Government Association (BGA) appeal case. The court dismissed the BGA’s FOIA request because "IHSA has not contracted to perform a governmental function on behalf of District 230." The records, therefore, are not public ones, the high court determined.
On the other hand, the College of DuPage Foundation had contracted with the college to perform a governmental function. Based on the high court's decision, doing so makes the foundation subject to public records reporting, the ECW said, also suggesting that the foundation will have a tough time in its case against the Chicago Tribune, which has asked for records through an FOIA request.