Department of Transportation wants to move Freedom of Information requests to legal counsel's office, sparking criticism

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SPRINGFIELD - As state lawmakers debate a plan to pump billions of dollars into road and bridge construction projects, the Gov. Rod Blagojevich administration is taking steps that critics say could limit public access to how that money is being spent.

The Illinois Department of Transportation has asked for legislative approval to move requests for information from its office of public affairs to its chief lawyer.

A DOT spokesman described the move as "basically a housekeeping measure" because the office that used to handle Freedom of Information Act requests was eliminated by Blagojevich when he took office in 2003.

In other words, the legal department "has had the responsibility for this for several years," said spokesman Mike Claffey.

But some lawmakers are suggesting the move is an attempt to make it harder for the public to review state documents, which, barring a few exceptions, are supposed to be accessible through the Illinois Freedom of Information Act.

"This administration has a track record of preventing access to public information rather than fostering it. In that light, it would be very difficult to conceive of them taking any action that would expand their ability to do that," said state Rep. John Fritchey, D-Chicago.

Fritchey said the decision is even more troubling at a time when lawmakers are considering a multibillion dollar statewide construction plan.

State Sen. Christine Radogno, R-Lemont, also raised questions about the decision.

"It just says to me, that by moving these requests into the legal office, that they want to find as many ways to avoid complying with the spirit of the law," Radogno said.

Claffey said the agency "takes its obligations very seriously to provide information to the public, and the agency wants to make sure it does so in accordance with the FOIA law. This is a complex area of the law, and thus, in many instances, legal expertise is needed."

Public records from the agency have been used to determine such things as the number of flights Gov. Rod Blagojevich has taken between Chicago and Springfield. Records also have been used to track spending on high-profile road and bridge projects.

Fritchey is a member of the Joint Commission on Administrative Rules, which could debate the proposal following a 45-day public comment period.

"I assure you that this will get the look that it deserves and, hopefully, the vote that it deserves," Fritchey said.

Kurt Erickson can be reached at kurt.erickson@lee.net or 789-0865.

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