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THE CITIZEN ADVOCACY CENTER'S GUIDE TO THE ILLINOIS FREEDOM OF INFORMATION ACT

 

 

 

In 1984, the Illinois General Assembly enacted the Illinois Freedom of Information Act ("the Act"). The Act states that "all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees . . ." Within specified limitations, the Act allows anyone to inspect and to obtain copies of all public records prepared, possessed, used by, or in the control of any public body. This access to governmental information is fundamental to our system of open government, and to the rights of citizens to be informed about what our governments are or are not doing on matters of public concern. Anyone (including individuals, groups, associations, corporations, firms, partnerships or organizations) may obtain access to government-held information.

• WHAT INFORMATION IS AVAILABLE?
• WHERE IS THIS INFORMATION?
• HOW TO FIND INFORMATION
• HOW TO MAKE A REQUEST
• SAMPLE REQUEST LETTER
• WHAT IT MAY COST
• THE AGENCY RESPONSE
• HOW TO APPEAL
• SAMPLE APPEAL LETTER
• EXEMPTED INFORMATION

 

 

 

WHAT INFORMATION IS AVAILABLE?

 

Some examples of the records available under the Act are: orders, rules, policy statements, planning policies and decisions, reports or studies, public contracts, the names, titles and salaries of public employees, and the voting records of all public bodies.

 

 

WHERE IS THIS INFORMATION

 

Public bodies include any legislative, executive, administrative or advisory bodies of the State; state universities and colleges; counties and municipalities; school districts and all other municipal corporations, boards, bureaus, committees, or commissions of the State; and any subsidiary bodies (such as committees and subcommittees) that are supported by or expend tax revenue. The judiciary is not subject to this law, but court records and proceedings generally are open to the public.

HOW TO FIND INFORMATION

 

Under the Act, every public body must make their existing records available to the public. The Act does not require these bodies to answer specific questions, create new records, or keep a central library or index of all government records. Consequently, if you do not know which public body has the records that you seek, the telephone may be the best place to start. An informal, polite telephone call to those public bodies with names or responsibilities related to your topic might help you to identify the appropriate body to which you should address your request. Public bodies must have a list of the types or categories of records in their possession. They must also have a description of how to request a record and a directory of the employees assigned to process disclosure requests for that body. If no one is available to answer your questions over the telephone, the directory should be on display in each administrative or regional office of the body. The list of records should be available to be copied, and can be requested through the mail.

HOW TO MAKE A REQUEST

 

o Put it in writing An informal telephone call or visit may help you to identify the type of records you want and the public body in possession of the records, but, to be official, your request for a public record must be made in writing. A written request will allow you to take advantage of the time limits and appeal mechanisms provided in the Act. You should date and keep a copy of your letter. Also, if you send your request by certified mail and request a return receipt, you will be able to prove the date on which your request was received-the date which triggers the time limits for the body to respond.

 

o Be specific Your letter must specify the records you want. If you request all records of a broad category, collecting the records might unduly burden the public body and this could justify delay or a refusal to release the records you want. If you want information on a certain topic, but you know there are some kinds of material you do not want (e.g. newspaper clippings, or records created before or after a certain date), you can ask that these be omitted. You should also state whether you prefer information in a certain format (e.g. paper copy or diskette). A specific request will avoid confusion, burden and high copying fees. o Request a fee waiver or reduction If your disclosure request qualifies (see next section), you may ask for a waiver or reduction of fees. The Act gives public bodies discretion to grant a fee waiver or reduction when disclosure is in the public interest.

SAMPLE REQUEST LETTER

 

Date

 

 

(If desired: Certified mail -- return receipt requested)

(name and title of official)

(address of appropriate office of the public body)

Dear (name),

Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., this is a request for a copy of the following record(s):

(Describe the subject or the documents containing the information that you want)

If any record or portion of a record responsive to this request is contained in a record or portion of a record deemed unresponsive to the request, I would like to inspect the entire document. Under the Freedom of Information Act, all non-exempt portions of any partially-exempt documents must be disclosed.

If any fee in excess of $___ will be incurred in fulfilling this request, please obtain my approval before the fee is incurred.

[Or, if applicable, request a fee reduction or waiver: I request a waiver of any fees your office would ordinarily impose in responding to a request. I do not seek these records for commercial purposes and I intend to disseminate the information because disclosure is in the public interest in that it __________.]

If any records or portions of records are withheld, please state the exemption on which you rely, the basis on which the exemption is invoked, the name of the individual responsible for the decision, and the address to which an appeal should be addressed. Thank you for your prompt consideration of my request. If you have any questions, or if I can be of any assistance, please contact me at __________.

Sincerely,

 

WHAT IT MAY COST

* Reasonable copying costs

The Act allows public bodies to charge reasonable fees to pay for copying costs or for the use of their copying equipment, but they may not charge for the time and effort of a search. The schedule of fees charged by a public body must be available at its administrative or regional office(s). If the fees charged are unreasonable, the courts will consider the public body to have denied you access to the records.

* Fee waiver or reduction

Public bodies may waive or reduce the fees if disclosure is in the public interest. You might receive a waiver or reduction if (a) you are requesting information on the health, safety and welfare or the legal rights of the general public, (b) you plan to disseminate this information, and (c) you will not receive a personal or commercial benefit from the disclosure of the documents. Ordinarily, you do not have to explain why you want access to a public record, but to qualify for a fee waiver or reduction, you should explain what you plan to do with the information.

THE AGENCY RESPONSE

A public body has seven working days to respond after it receives a written request for information under the Act. There are three types of response: delay, disclosure and denial.

* Delay

A public body may inform you in writing that it requires an additional 7 working days to respond to a request for any of the following reasons:

• the requested materials are stored at other locations;
• the request requires the collection of a substantial number of specified records;
• the request is couched in categorical terms and the response requires an extensive search;
• the requested records have not been located in the course of a routine search and additional efforts are being made to locate them;
• the requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under the Act or should be revealed only with appropriate deletions;
• the public body cannot comply with the request within the time limits without unduly burdening or interfering with the operation of the public body;
• before responding to the request, the public body must consult with other public bodies that have an interest in the records.

 

* Disclosure

The public body is required to disclose all records responsive to your request unless it can properly invoke an exemption provided in the Act. It is their burden to show the records are entitled to be exempt from disclosure.

* Denial

A denial must be made in writing, and must include the names and titles of everyone responsible for the denial. It must also give the reasons for the denial. If the request is denied under one or more of the Act's exemptions (described below), the letter must specify which exemptions apply to the information denied. The denial must also include notice of your right to appeal the denial.

HOW TO APPEAL

If a public body denies you access to information requested under the Act, you may appeal to the head of the public body. The head of the public body is "the president, mayor, chairman, presiding officer, director, superintendent, manager, supervisor, or individual otherwise holding primary executive and administrative authority for the public body, or such person's duly authorized designee." A letter to the head of the public body will start the process. Specify the records that were withheld and state why the denial was incorrect. Within 7 working days, the head of the body must review the requested record, determine whether denial is proper under the Act and notify you of the determination.

If the head of the public body also denies you access, you may go to court for access to the records. To appeal the decision of a State body, you must file a complaint in the circuit court for the county where the public body has its principal office, or in your home county. To appeal the decision of some other public body, you must file in the county of the principal office of the body. In court, the burden is on the public body to prove that the material it has withheld is exempt under the Act, and the court will review the decision without any deference to the public body's prior decisions. In addition to access to the requested records, the court may award reasonable fees for your attorney in cases where the withheld records are of significant public interest and access has been denied without a reasonable legal basis.

This brochure contains a general description of the Illinois Freedom of Information Act and suggestions for how to use it effectively. For specific language, you should consult the Act itself, 5 Illinois Compiled Statutes 140/1 - 140/11 (from Illinois Revised Statutes Ch. 116, par. 201 - par 211). This Act applies to records that public bodies prepared, used, or controlled after July 1, 1984. For access to earlier records, consult the State Records Acts, 5 ILCS 160/1-160/26 (from Ill. Rev. Stat. Ch. 116, par. 43.4 - par. 43.2.) or the Local Records Act, 50 ILCS 205/1-205/15 (from Ill. Rev. Stat. Ch. 116, par. 43.101-par. 43.115). For access to federal records, consult the federal Freedom of Information Act, 5 U.S.C. § 552.

SAMPLE APPEAL LETTER

Date

(If desired: Certified mail -- return receipt requested)

(Name and title of the head of public body)

(Address of public body)

Dear (name), This is an appeal under the Illinois Freedom of Information Act. I am appealing the action of (name of employee who denied the original request), dated ______, in response to my Freedom of Information request dated ______.

I enclose copies of my request and the response. My request was for information regarding (describe original request). I was denied access to (describe documents withheld) on the grounds that (give reasons cited by public body).

The denial of my request was unjustified under the Freedom of Information Act because (assert your reasons for appealing).As you know your office has seven working days to respond to this appeal. If you need to contact me, I can be reached at ________.

Sincerely,

 

EXEMPTED INFORMATION

The Freedom of Information Act exempts some kinds of information from disclosure. If a requested record contains some exempt and some non-exempt information, the Act requires that the public body delete the exempt material and disclose the rest. The exemptions include:

a) Information specifically prohibited from disclosure by federal or State law or rules and regulations adopted under federal or State law.

b) Information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information.

 

 

The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy. Information not required to be disclosed includes:

* files and personal information maintained with respect to clients, patients, residents, students or other individuals receiving social, medical, educational, vocational, financial, supervisory or custodial care or services directly or indirectly from federal agencies or public bodies;

* personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions;

* files and personal information maintained with respect to any applicant, registrant or licensee by any public body cooperating or engaged in professional or occupational registration, licensure or discipline;

* information required of any taxpayer in connection with the assessment or collection of any tax unless disclosure is required by State statute; and

* information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies; except, in some cases, the identity of witnesses to traffic accidents, traffic accident reports and rescue reports may be disclosed.

c) Records compiled by any public body for administrative enforcement proceedings and any law enforcement or correctional agency for law enforcement purposes or for internal matters of a public body, when disclosure would:

*interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency;

*interfere with pending administrative enforcement proceedings conducted by any public body;

*deprive a person of a fair trial or an impartial hearing;

*unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source;

*disclose unique or specialized investigative techniques other than those generally used and known, or disclose internal documents of correctional agencies related to detection, observation or investigation of crime or misconduct;

*constitute an invasion of personal privacy; endanger the life or physical safety of law enforcement personnel or any other person; or obstruct an ongoing criminal investigation.

d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be disclosed:

• chronologically maintained arrest information, such as traditional arrest logs or blotters;
• the name of a person in the custody of a law enforcement agency and the charges for which that person is being held;
• court records that are public;
• records that are otherwise available under State or local law; or
• records in which the requesting party is the individual identified, except when disclosure would endanger the life or physical safety of law enforcement personnel or any other person.

 

e) Records that relate to or affect the security of correctional and detention facilities.

f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated. A specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. This exemption extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents.

g) Trade secrets and commercial or financial information obtained from a person or business where the trade secrets or information are proprietary, privileged or confidential, or where disclosure of the trade secrets or information may cause competitive harm.

h) Proposals and bids for any contract, grant or agreement, which if disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until an award or final selection is made.

I) Valuable formulae, designs, drawings and research data, when disclosure could reasonably be expected to produce private gain or public loss.

j) Test questions, scoring keys or other examination data used to administer an academic examination or to determine the qualifications of an applicant for a license or employment.

k) Architects' plans and engineers' technical submissions for projects not constructed or developed with public funds, and for projects constructed or developed with public funds, to the extent that disclosure would compromise security.

l) Library circulation and order records identifying library users with specific materials.

m) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act.

n) Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding on the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits.

o) Information received by a primary or secondary school, college or university under its procedures for the evaluation of faculty members by their academic peers.

p) Administrative or technical information associated with automated data processing operations that, if disclosed, would jeopardize the security of the system or its data.

q) Information or materials relating to collective negotiations between public bodies and their employees or representatives, except final contracts or agreements.

r) Records pertaining to the financing and marketing transactions of the public body, and the records of ownership, registration, transfer and exchange of municipal debt obligations.

s) The records, documents and information relating to real estate purchase negotiations until the negotiations are complete or otherwise terminated. Records, documents and information relating to a parcel involved in a pending, or actually and reasonably contemplated eminent domain proceeding, shall be exempt except as allowed under litigation discovery rules. The records, documents and information relating to a real estate sale are exempt until the sale is consummated.

t) Proprietary information related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool.

u) Information concerning a university's adjudication of grievance or disciplinary cases, when disclosure would reveal the identity of the student or employee, and information concerning any public body's adjudication of student or employee grievance or disciplinary cases, except for the final outcome of the cases.

v) Course materials or research materials used by faculty members.

w) Information related solely to the internal personnel rules and practices of a public body.

x) Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by State law.

y) Information the disclosure of which is restricted under the Public Utilities Act.

z) Manuals or instruction to staff that relate to establishment or collection of liability for any State tax.

aa) Certain records received or prepared by the Experimental Organ Transplantation Procedures Board or its staff.

bb) Insurance or self-insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information.

cc) Information held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease.

dd) Information the disclosure of which is exempted under the Radon Mitigation Act.

ee) Firm performance evaluations under the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

©1994. Revised 1997. Revised 2000. Citizen Advocacy Center. All rights reserved. No part of this brochure may be reproduced in any form or by any means without the prior, written permission of the Citizen Advocacy Center.

The Citizen Advocacy Center, a nonpartisan, 501(c)(3), not-for-profit organization, is dedicated to building democracy for the 21st Century by strengthening the public's capacities, resources, and institutions for self-government. If you are interested in more information, becoming a volunteer, or making a tax-deductible contribution to the Center, please feel free to contact us at: P.O. Box 420 Elmhurst, IL 60126-0420 (630) 833-4080 Fax: (630) 833-4083