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Case Law Update: Freedom of Information Act in Terms of Municipal Contract

Stern v. Wheaton-Warrenville Community Unit School District, No. 2-07-0424 (8/12/08) ruled that the trial court erred when it granted summary judgment to school district dismissing plaintiff’s complaint seeking to enjoin defendant, school district, from refusing to disclose superintendent’s contract pursuant to his FOIA request. Even though contract may be contained in superintendent’s personnel file, there is material question of fact with regards to whether contract is exempt; and trial court must conduct in camera investigation. Further, there is material issue of fact with regards to whether school district has waived exemption by supplying contract to members of the media requesting it. The request to view the contract was reversed and remanded for the trial court.