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2009-49RESOLUTION NO. 2009- 49 A RESOLUTION ADOPTING THE VILLAGE OF BUFFALO GROVE ILLINOIS FREEDOM OF INFORMATION ACT DIRECTORY WHEREAS, the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) requires that each public body must make available an informational directory regarding methods whereby the public may request public records, designating who have been named Freedom of Information Officers, and other information as suggested in Section 5 ILCS 140/4 of the Act, and WHEREAS, the Village of Buffalo Grove affirms that it is its policy to provide access to public records in the possession of the Village, while at the same time, protecting the legitimate privacy interests as well as maintaining administrative efficiency; and; WHEREAS, as required by Section 5 ILCS 140/4, the Village of Buffalo Grove has prepared a directory that sets forth policies and procedures that will be followed in meeting its obligations under the Illinois Freedom of Information Act, and: WHEREAS, -the directory will be maintained by the Office of Village Clerk and will be updated from time to time in furtherance of the Act, as it may be amended, and will be publicly available through designated Freedom of Information Officers, from the Office of Village Clerk and on the Village's website. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: 1. The Village of Buffalo Grove does hereby adopt, as a matter of policy and procedure, the "Village of Buffalo Grove Illinois Freedom of Information Act Directory Pursuant to the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.)" dated November 24 2009, and attached hereto as Exhibit "A ". 2. Upon adoption, copies of the Directory shall be distributed to all Village Freedom of Information Officers, the Office of Village Clerk and will be posted on the Village's website. 3. The Village Clerk shall be responsible to assure that the Directory is updated as appropriate so as to remain in conformation with the Illinois Freedom of Information Act as that Act may be amended from time to time. AYES: 5 — Braiman, Glover, Trilling, Stone, Sussman NAYES: 0 — None ABSENT: 1 — Berman PASSED: December 14, 2009 APPROVED: December 14, 2009 ATTEST: Village erk APPROVED: Village President EXHIBIT "A" VILLAGE OF BUFFALO GROVE, ILLINOIS 50 RAUPP BOULEVARD BUFFALO GROVE, ILLINOIS 60089 Village of Buffalo Grove Illinois Freedom of Information Act Directory Pursuant to the Illinois Freedom of Information Act (5 Illinois Compiled Statutes 140/1 et seq.) Through Public Act 96 -542 Effective January 1, 2010 Table of Contents PAGE 1. Statement of Purpose J 1 2. Statistical Information 2 3. Municipal Officials 3 4. Catalogue of Records 4 S. Catalogue of Departmental Records 7 6. Procedure for Request of Public Records 9 7. Public Access Counselor 14 Exhibits A. Organizational Chart of the Village of Buffalo Grove B. Committees, Commissions and Boards of the Village of Buffalo Grove C. Illinois Freedom of Information Act D Freedom of Information Request E. Extension Notification Letter F. Approval for Request for Public Records G. Unduly Burdensome Extension Notification Letter H. Letter of Denial I. Letter of Partial Denial J. Requests for Commercial Purposes K. Personal Privacy/Preliminary Policy Drafts Exemption 11/24/09 STATEMENT OF PURPOSE The Village of Buffalo Grove was incorporated as an Illinois municipal corporation on March 7, 1958, and achieved home rule status on March 1, 1980, pursuant to referendum. The purpose of the Village is to provide for the health, safety and welfare of its residents through the various departments of the Village that provide police and fire protection; sewer and water service; building, zoning, health and engineering inspection; general administration; municipal golf courses; and other traditional public services. A full text of the Illinois Freedom of Information Act ( "Act ") 5 ILCS 140/1 et seq. is included as Exhibit C to this Directory. FREEDOM OF INFORMATION OFFICERS The following are designated Freedom of Information Officers, as that position has been identified and defined in 5 ILCS 140/3.5. William H. Brimm Village Manager 50 Raupp Boulevard Buffalo Grove, Illinois 60089 847- 459 -2525 Fax 847 - 459 -7906 Ghida Neukirch Deputy Village Manager 50 Raupp Boulevard Buffalo Grove, Illinois 60089 847 - 459 -2518 Fax 847 - 459 -7906 Jane Olson Deputy Village Clerk 50 Raupp Boulevard Buffalo Grove, Illinois 60089 847 - 459 -2511 Fax 847 - 459 -0332 Arthur Malinowski Director of Human Resources 50 Raupp Boulevard Buffalo Grove, Illinois 60089 847 - 459 -2500 Fax 847 - 459 -0332 Steve Balinski Chief of Police 46 Raupp Boulevard Buffalo Grove, Illinois 60089 847 - 459 -2560 Fax 847 - 459 -0201 Terry Vavra Fire Chief 1051 Highland Grove Drive Buffalo Grove, Illinois 60089 847 -537 -1106 Fax 847 -537 -7370 Gregory P. Boysen Director of Public Works 51 Raupp Boulevard Buffalo Grove, Illinois 60089 847 - 459 -2547 Fax 847 -537 -5845 While the Act requires the designation of a Freedom of Information Officer or Officers, the Village can also provide for designees within each of its operating departments to assist in complying with the Act. 11/24/09 STATISTICAL INFORMATION 1. The Village's Budget for Fiscal Year 2010 was adopted on December 7, 2009 per Resolution No. 2009 -45. The anticipated revenue for Fiscal Year 2010, for all funds is estimated to equal $64,409,704 with approved expenses or expenditures equal to $62,353,665. 2. Five Administrative Offices or Departments are located in the Village Hall at 50 Raupp Boulevard: Office of the Village Manager (includes Planning, Communications and Information Technology) Finance & General Services Office of the Village Clerk (includes Legislative) Building & Zoning/Health Emergency Management Agency 3. Two Departments are located at the Public Service Center at 51 Raupp Boulevard: Engineering Services Public Works 4. Fire Stations are located at: 505 West Dundee Road 109 Deerfield Road 100 Half Day Road The Fire Service Administration Office is located at 1051 Highland Grove Drive. 5. The Police Department is located at 46 Raupp Boulevard. 6. The Buffalo Grove Golf Club is located at 48 Raupp Boulevard. The Arboretum Golf Course is located at 401 Half Day Road. 7. The Village has 234 full -time positions authorized along with approximately 60 part-time /seasonal employees. These employee authorizations were effective with the approval of the Fiscal Year 2010 Budget. 11/24/09 2 MUNICIPAL OFFICIALS Elected Village President Village Clerk Trustees Appointed Village Manager Village Attorney Deputy Village Clerk Village Treasurer 11/24/09 3 Elliott Hartstein Janet M. Sirabian Jeffrey Braiman DeAnn Glover Jeffrey Berman Steve Trilling Lisa Stone Beverly Sussman William Brimm William Raysa Jane Olson Joseph Tenerelli CATALOGUE OF RECORDS AGREEMENTS Executed agreements between the Village of Buffalo Grove and various governmental agencies, corporations companies and private individuals ANNEXATIONS Records compiled for property incorporated into Village limits APPLICATIONS Amusement License Animal License Business License Coin Operated Amusement Device License Food & Beverage Vending Machine License AUDITS BIDS Liquor License Liquor Special Server Permit Massage Establishment Peddler & Solicitors License Public Passenger Vehicle & Chauffeur Licenses Raffle License Refuse License Swimming Pool License Tobacco License Independent audits performed on Village financial statements and activities at the conclusion of the fiscal year. Bids and specifications for various Village projects BONDS General Obligation Bonds Revenue Bonds Special Service Area Bonds Tax Increment Allocation Bonds BUDGETS Annually approved budgets for all Village funds and departments. CONTRACTS Executed contracts between the Village and various governmental agencies, corporations, companies and private individuals. DEEDS For property which has been deeded to the Village. EASEMENTS Rights of Easement granted by persons to the Village for various municipal improvements along with Rights of Easement granted by the Village to individuals for various reasons. GOLF COURSE Records regarding Village owned Golf Courses INSURANCE Records of insurance claims and correspondence with the Intergovernmental Risk Management Agency (IRMA). Files also contain correspondence from group personal benefits providers. INVOICES Invoices sent by the Village for various services rendered as well as for goods, services and equipment purchased for Village operational needs. 11/24/09 4 LICENSES & All approved licenses and permits for which applications have been received. PERMITS MAPS Various mapping products such as street and zoning maps. MINUTES Minutes for all Commissions, Committees and Boards as well as the Village Board MOTOR FUEL TAX Documentation relating to Motor Fuel Tax projects ORDINANCES As passed by the Village Board PLATS All documents of this nature related to properties located within the Village. PETITIONS As received for consideration by various Departments, Committees, Commissions or Boards, including the Village Board. Also, petitions filed by residents. PROCLAMATIONS As issued by the Village President PUBLICATIONS Printed documents of;the Village for both internal as well as external use by the general public. Would include, but not be limited to, Comprehensive Plan, Zoning Ordinance, Development Ordinance and Sign Code. RECORDED Any and all documents required to be recorded in either or both Cook and/or DOCUMENTS Lake County RESOLUTIONS As passed by the Village Board UTILITIES Documents related to the Village's water and sewer utility as well as those related to regulated utilities such as electric, gas, phone and cable television. 11/24/09 5 The foregoing records normally are to be found in the Village Clerk's Office, unless otherwise directed. Contact: Ms. Janet M. Sirabian Village Clerk 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Telephone: 847 - 459 -2511 Fax: 847- 459 -0332 They are to be considered a representative example of records maintained by the Village and are not meant to be all inclusive or limited to what are noted. The Village of Buffalo Grove affirms to follow the compliance requirements of the Act. However, the Act (Section 140/3.3) is not intended to require that the Village interpret or advise requestors as to the meaning or significance of any public record. The Village of Buffalo Grove Municipal Code is available for public review. The Code contains all ordinances which have been codified. Non - codified ordinances are also available for review and an index of all adopted ordinances are listed within the Municipal Code. The Municipal Code can also be viewed on the Village's web site ,vww.vgb_org 11/24/09 6 CATALOGUE OF DEPARTMENTAL RECORDS Requests for departmental public records shall be directed as indicated within the Catalogue of Departmental Records. A representative example of departmental documents, and not intended to be all inclusive, are as follows: Contact: Carol Berman or Brian Sheehan Deputy Building Commissioners 50 Raupp Boulevard 847 - 459 -2530 Citations & Court Action taken regarding violations of ordinances Inspections & Permits (building, electrical, plumbing, mechanical; applications and inspections) ENGINEERING DEPARTMENT: Contact: Richard Kuenkler Village Engineer 51 Raupp Boulevard 847 -459 -2523 Engineering Drawings Maps and Geographic Information System mapping products Plan and Specifications for construction and for development in Village Plats Traffic Studies FIRE DEPARTMENT: Contact: Fire Chief Terry Vavra 1051 Highland Grove Drive 847 -537 -0995 Fire Prevention Fire and Rescue Responses Inspections Paramedic and Emergency Medical Service Responses POLICE DEPARTMENT: Contact: Police Chief Steven Balinski 46 Raupp Boulevard 847 - 459 -2560 Police Reports and Investigations PUBLIC WORKS DEPARTMENT: Contact: Gregory Boysen Director of Public Works 51 Raupp Boulevard 847 - 459 -2545 Water and Sewer Records Snow Removal Street Repair and Reports Vehicle Titles Vehicle Repair Property Maintenance Forestry and Land Maintenance Facilities Management 11/24/09 7 HEALTH DEPARTMENT: Contact: Brian Sheehan Health Officer 50 Raupp Boulevard 847 - 459 -2530 Citations & Court Action taken regarding violations of ordinances Inspections Permits (health; applications and inspections) GOLF OPERATIONS: Contact: Carmen Molinaro Director of Golf Operations 48 Raupp Boulevard 847 -537 -5819 INFORMATION TECHNOLOGY: Contact: Robert Giddens Director of Information Technologies 50 Raupp Boulevard 847 - 459 -2518 FINANCE AND GENERAL SERVICES: Contact: Scott Anderson Director of Finance & General Services 50 Raupp Boulevard 847 - 459 -2500 Arthur Malinowski Director of Human Resources 50 Raupp Boulevard 847- 459 -2500 OFFICE OF VILLAGE MANAGER: Contact: Ghida Neukirch Deputy Village Manager 50 Raupp Boulevard 847 - 459 -2518 PLANNING SERVICES: Contact: Robert Pfeil Village Planner 50 Raupp Boulevard 847 - 459 -2518 COMMUNICATIONS: Contact: Leisa Niemotka Assistant to the Village Manager 50 Raupp Boulevard 847 - 459 -2518 The foregoing records normally are to be found in the possession of the Departments noted. They are to be considered a representative example of records maintained and are not meant to be all inclusive or limited to what are noted. 11/24/09 8 Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Procedure for Request of Public Records Village of Buffalo Grove Regulations Concerning the Illinois Freedom of Information Act 5 ILCS 140/1 et sea. ARTICLE I Section 1.1 Summary and Purpose a) These regulations are established to implement the provisions of the Freedom of Information Act (5 ILLS 140/1 et seq). The purpose of these regulations is to support the policy of providing access to the public records in the possession of the Village while, at the same time, protecting legitimate privacy interests: and maintaining administrative efficiency. b) These rules create a procedure by which the public may request and obtain public records. Section 1.2 Definitions a) Terms not defined in this Procedure shall have the same meaning as in the Act (Section 140/2). b) "Act" means the Illinois Freedom of Information Act. (5 ILCS 140/1 et. seq.) c) "Freedom of Information Officer" shall be as defined in Section 140/3.5 of the Act. d) "Requestor" means a person who submits a request for public records in accordance with these regulations. ARTICLE II Section 2.1 Requests for Public Records Requests for inspection or to copy public records shall be made to the Office of Village Clerk although requests may also be submitted directly to the following locations: • Buffalo Grove Police Department 46 Raupp Boulevard • Buffalo Grove Fire Department 1051 Highland Grove Drive • Department of Building & Zoning 50 Raupp Boulevard • Department of Engineering/ 51 Raupp Boulevard Public Works Written requests can be submitted to the Village by personal delivery, mail, fax or other means available, including email. The Village may honor a verbal request to either inspect or copy a public record. The Village will provide a standard form, identified as Exhibit D to this Directory to assist in the request for public records although requests can be made in any other written manner as well. Requests for public records submitted to the Office of Village Clerk shall be directed to the Department or Division Director in those departments or divisions responsible for maintaining the public records requested. Requests made at Village locations other than the Office of Village Clerk shall be the responsibility of the Freedom of Information Officers, or their designees, at such locations. 11/24/09 Requests for public records will be handled during the following normal working hours: Monday- Friday 8:00 A.M. to 4:30 P.M. The Finance & General Services Department is open Mondays from 8:OOA.M. to 7:30 P.M. Section 2.2 Form and Content of Requests a) Requests in accordance with the Act and these regulations may be made in writing or as noted in Section 2.1 above. Such requests may be submitted on forms, provided by the Village as shown on Exhibit D. or in a similar format. b) The requestor shall provide the following information in a request for public records: 1. The requestor's full name, address and phone number. 2. A description of the public records sought, being as specific as possible. 3. Whether the request is for inspection of public records, copies of public records, or both. In addition, the requestor shall note if the public records that are being requested are for a commercial purpose or whether there is a request to waive any fees that may be due. ARTICLE III Section 3.1 Timeline for Village Response a) The Village shall respond to a request for public records within 5 business days after the receipt of such request; please note that Day 1 of the 5 day timeline is the first business day after the request is. received by the Village. Response would include either a compliance with the request, a written request for an extension, or a denial, and said denial shall be in writing. b) The Village may give notice of an extension of time to respond which does noi exceed an additional 5 business days, from the original due date, or a total of 10 business days from the request. Such an extension is allowable only if notice is provided within the original 5 business day time limit and only for the reasons provided in Section 140/3 (e) of the Act. Such notice of extension shall state the reasons why the extension is necessary and be in the format as shown on Exhibit E. C) A requestor and the Village may agree in writing to extend the time for compliance for a period to be determined by both parties. d) The response requirements for compliance or denial of a request for public records set out in this Section 3.1 shall not apply to requests for records made for commercial purposes. Such requests shall be subject to the provisions of Section 140/3.1 of the Act. Section 3.2 Types of Village Responses a) The Village shall respond to a request for public records in one of following ways: 1) Approve the request. 2) Approve in part and deny in part. 3) Deny the request. 4) Give notice of an extension. 5) Provide an opportunity for a conference. b) Upon approval of a request for public records, the Village may either provide the materials immediately, give notice that the materials shall be made available upon payment of appropriate fees, or give notice of the time and place for inspection of records. C) Categorical requests creating an undue burden upon the Village shall be denied only after extending to the requestor an opportunity to confer in an attempt to reduce the request to manageable proportions in accordance with Section 140/3 (g) of the Act. A letter for this procedure is at Exhibit G. 11/24/09 10 d) A denial of a request for public records shall be made in writing. It shall state the reasons for the denial in accordance with Section 140/3 (g), Section 140/7, or Section 140/7.5 of the Act and the names and titles of individuals responsible for the decision, and shall include a detailed factual basis as to why the exemption was claimed. The format letter for denial is at Exhibit H. e) The Village can remove or black out information from documents released if the information is exempt from disclosure under the Act. This process is called "redaction" and if used, the Village will release the remaining information, if it too is not exempt from disclosure. A redaction is considered a partial denial and therefore, the requestor will be notified of such partial denial. Depending upon the reason for the redaction, the letter noted in Exhibit I will be provided. f) Copies of all requests and denials will be retained by the Freedom of Information Officers. ARTICLE IV Section 4.1 Right to Review of a Denial a) As part of a denial of a request for public records, the Village will inform such requestor of their right to review by the Public Access Counselor and will be provided with the address and phone number for the Public Access Counselor (Section 140/9.5 of the Act). b) In addition, each notice of denial shall inform the requestor of their right to a judicial review as set forth in Section 140/11 of the Act. Section 4.2 Permission to Assert Two Specific Exemptions Under the Act If the Village believes that the records requested under the Act fall into one of two specific exemptions in the Act, and intends to assert those exemptions and withhold the records in whole or in part from disclosure, the Village must provide written notice to the Public Access Counselor ( "PAC "), within the Office of Attorney General, before asserting either exemption. A letter specific to requests for such exemptions is at Exhibit K. Specifically, if the Village intends to withhold information from disclosure because either (1) disclosure of the information would result in an unwarranted invasion of personal privacy (5 ILCS 140/7(1)(c)) ( "personal information ") or (2) the information falls into the exemption for preliminary policy drafts (5 ILCS 140/7(1)(f)), the Village must provide written notice to the PAC asserting either of the exemptions. Once the PAC receives the written notice from the Village, they have five (5) working days to determine if further inquiry is necessary. If it is determined that further inquiry is necessary to determine whether either of the exemptions may be used, the timeline for a Request for Review begins and the Village must provide any information requested by the PAC within seven (7) working days of receiving the PAC's request. During the time period that the PAC is reviewing whether the Village can assert either of these exemptions, the original response timeline requirements cease for the Village to respond to the request (5 ILCS 140/9.5(b)). ARTICLE V Section 5.1 Inspection of Records at Village Offices a) Generally, public records will be made available for inspection during normal working hours of the Village. b) Documents which the requestor wishes to have copied shall be segregated during the course of the inspection. Generally, all copying shall be done by Village employees. c) Unless otherwise arranged, the inspection of records shall take place at the office of the Department concerned. For purposes of convenience, either the Village or the requestor may request that inspection take place in another Department office location. d) An employee of the Village may be present throughout the inspection. A requestor may be prohibited from bringing bags, brief cases or other containers into the inspection room. 11/24/09 11 Section 5.2 Charges for Public Records a) Copies of public records shall be provided to the requestor only upon payment of any charges which are due and are subject to the authority as further set forth in Section 140/6 of the Act. b) Except where a fee is otherwise fixed by State statute, charges for copies of public records shall be assessed as follows: No fees shall be charged for the first fifty (50) pages of black and white, letter or legal sized copies, requested by the requestor. Copies in excess of fifty (50) in a black and white format, on letter or legal sized paper, shall be $.15 /page. If color copies are requested, and can be provided, or if copies are provided in a size other than letter or legal, the actual cost for reproducing the records will be due. The following company will photocopy and invoice any person or company who required many copies to be made: Records Copy Services 30 North LaSalle #1800 Chicago, IL 60602 Phone: (312)726 -6650 Certification fees are $1.00 per record. c) Charges may be waived, or provided at a reduced rate, in any case where the Village determines that the waiver serves the public interest. "Public interest" is set forth in Section 140/6 (c) of the Act. d) If a public record is provided to the requestor in an electronic format, the Village may charge the requestor for the actual cost of purchasing any recording medium, including but not limited to, disc, diskette, tape or other medium. ARTICLE VI Section 6.1 Requests for Commercial Purposes The Village will respond to a request for records that will be used for a commercial purpose within twenty -one (2 1) working days after receipt. The response shall (i) provide to the requestor an estimate of the time required to provide the records requested, along with an estimate of the fees to be charged, which the Village will require the requestor to pay in full before reproducing the requested documents, (ii) deny the request pursuant to one or more of the exemptions set forth in the Act, (iii) notify the requestor that the request is unduly burdensome and extend an opportunity to the requestor to attempt to reduce the request to manageable proportions, or (iv) provide the records requested. A letter specific to requests for commercial purposes is at Exhibit J. Unless the records are exempt from disclosure, the Village shall comply with the request within a reasonable period considering the size and complexity of the request. In addition, the Act allows for a priority to be given to record requests of a non - commercial nature. It shall be a violation of the Act for a person to knowingly request or obtain a public record or records for a commercial purpose without disclosing that such request has been for a commercial purpose, if requested to do so by the Village. Section 6.2 Definition of Commercial Purpose The Act defines a "Commercial Purpose" (5 ILCS 140/2 (c -10)) to mean the use of any part of a public record or records, or information derived from public records in any form for sale, resale, or solicitation or advertisement for sales or services. 11/24/09 12 For purposes of the definition, requests made by news media and non - profit, scientific, or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose of the request is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research and education. ARTICLE VII Section 7.1 Private Information & Personal Information The Act is not intended to cause an unwarranted invasion ofpersonal privacy. The Act allows for an exemption of personal information contained within public records which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of privacy "is defined to mean the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. (5 ILCS 140/7(1)(c)) Section 7.2 Private Information - Defmition Private information means unique identifiers, including social security numbers, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email: addresses. Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person'. ARTICLE VIII Section 8.1 Freedom of Information Officers The Village has designated Freedom of Information Officers as identified within this Directory. Except in instances when records are furnished immediately, Freedom of Information Officers, or their designees, shall receive requests submitted to the Village under the Act, ensure that the Village, as represented by the responsible department or division, respond to a request in a timely manner, and will issue responses, when necessary, as required by the Act. Freedom of Information Officers are also responsible to develop and maintain a list of documents or categories of records that the Village shall disclose upon request. 11/24/09 13 PUBLIC ACCESS COUNSELOR The Illinois Attorney General's Office provides for the position of Public Access Counselor ( "PAC ") whose mission is to assist individuals obtain public documents and to offer, as appropriate both advisory and binding opinions as part of ensuring public bodies comply with the Act. The PAC also has another responsibility under the Act, that being if the Village wants to withhold information from a requestor based upon one of two specific exemptions under the Act. They are (1) disclosure of personal information that would result in an unwarranted invasion of personal privacy; or (2) that the information requested falls under the exemption of preliminary policy drafts. In these cases, the Village must provide written notice to the PAC before asserting these exemptions. The Attorney General, through the PAC, can also provide the Village with an advisory opinion regarding compliance with the Act upon submittal of a written request. The request can only be submitted by the Village President or Village Attorney. The request must contain sufficient accurate facts in order for a determination to be made and if required to facilitate a review, the PAC may request additional information from the Village. While the Village has a right to request an advisory opinion, the Attorney General is not obligated to issue such an opinion and may decline to do so (5 ILCS 140/9.5(h)) If a requestor believes that the Village has wrongly denied their FOIA request, a Request for Review (Request) can be submitted to the PAC. The Request is a formal way of asking the PAC to look at the original request; as well as the Village's response, so as to determine. if a violation of the Act.has occurred. The Requestmust be in writing, signed by the requestor, and must include a summary of the facts supporting the allegation. In addition, the Request must contain a copy of the original FOIA request and any responses from the Village (5 ILCS 140/9.5(a)). The Request must be submitted to the PAC within 60 days after the denial of the FOIA request and can be submitted either by email or U.S. Mail. The address is: Public Access Bureau Office of the Attorney General 500 South 2nd Street Springfield, Illinois 62706 Via E -Mail: publicaccess(a', atg. state. il. us Based upon the review of the Request, the PAC can decide no further review is necessary, go through the process of issuing a binding opinion or attempt to resolve the dispute using more informal means. The PAC may choose informal mediation of a dispute where the PAC will work with the Village and the requestor to reach an agreement and resolve the dispute. The results of mediation will not include a binding opinion. When the PAC receives a written Request, it has seven (7) working days to either: (1) decide no further review, is necessary in that the alleged violation is believed unfounded or (2) send a copy of the Request to the Village and request more information that may involve records needed to complete their review. If a request for additional information is made, the Village has seven (7) working days to provide the requested information. Please note that the Village, when providing records, is permitted to provide a written answer to the allegations that may have been made and may provide affidavits in support of its position (5 ILCS 140/9.5 (e)). 11/24/09 14 5 ILCS 140/ Freedom of Information Act. Pagel of 45 Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information conceming the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law. GENERAL PROVISIONS (5 ILCS 140/) Freedom of Information Act. (5 ILCS 140/1) (from Ch. 116, par. 201) Sec. 1. Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois 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 consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest. The General Assembly hereby declares that it is the public policy of the State of Illinois that access by all persons to public records promotes the transparency and accountability of public bodies at all levels of government. It is a fundamental obligation of government to operate openly and provide public records as expediently and efficiently as possible in compliance with this Act. This Act is not intended to cause an unwarranted invasion of personal privacy, nor to allow the requests of a commercial enterprise to unduly burden public resources, or to disrupt the duly- undertaken work of any public body independent of the fulfillment of any of the fore - mentioned rights of the people to access to information. This Act is not intended to create an obligation on the part of any public body to maintain or prepare any public record which was not maintained or prepared by such public body at the time when this Act becomes effective, except as otherwise required by applicable local, State or federal law. Restraints on access to information, to the extent permitted by this Act, are limited exceptions to the principle that the people of this State have a right to full disclosure of information relating to the decisions, policies, procedures, rules, standards, and other aspects of government activity that affect the conduct of government and the lives of any or all of the people. The provisions of this Act shall be construed in accordance with this principle. This Act shall be construed to require disclosure of requested information as expediently and efficiently as possible and adherence to the deadlines established in this Act. The General Assembly recognizes that this Act imposes fiscal obligations on public bodies to provide adequate staff and equipment to comply with its requirements. The General hq:// www. ilga.gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5.4CS X401 Freedom of Information Act. Page 2 of 45 Assembly declares that providing records in compliance with the requirements of this Act is a primary duty of public bodies to the people of this State, and this Act should be construed to this end, fiscal. obligations notwithstanding. The General Assembly further recognizes that technology may advance at a rate that outpaces its ability to address those advances legislatively. To the extent that this Act may not expressly apply to those technological advances, this Act should nonetheless be interpreted to further the declared policy of this Act that public records shall be made available upon request except when denial of access furthers the public policy underlying a specific exemption. This Act shall be the exclusive State statute on freedom df information, except to the extent that other State statutes might create additional restrictions on disclosure of information or other laws in Illinois might create additional obligations for disclosure of information to the public. (Source: P.A. 96 -542, eff. 1-- 1 -10.) (5 ILCS 140/1.1) (from Ch. 116, par. 201.1) Sec. 1.1. This Act may be cited as the Freedom of Information Act. (Source: P.A. 86- 1475.) (5 ILCS 140/1.2) Sec. 1.2. Presumption. All records in the custody or possession of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidenco that it is exempt. (Source: P.A. 96 -542, eff. 1-- 1 -10.) (5 ILCS 140/2) (from Ch. 116, par. 202) (Text of Section from P.A. 96 -261) Sec. 2. Definitions. As used in this Act: (a) "Public body" means any legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees which are supported in whole or in part by tax revenue, or which expend tax revenue, and a School Finance Authority created under Article 1E of the School Code. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act. (b) "Person" means any individual, corporation, partnership, firm, organization or association, acting individually or as a group. (c) "Public records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, recorded information and all other documentary materials, regardless of physical form or characteristics, having been prepared, or having been or being used, received, possessed or under the control of any public ►:// www. ilga .gov/legislation/ilcs /ilcs3. asp? Ac' tID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140/ Freedom of Information Act. 7 Page 3 of 45 body. "Public records" includes, but is expressly not limited to: (i) administrative manuals, procedural rules, and instructions to staff, unless exempted by Section 7(p) of this Act; (ii) final opinions and orders made in the adjudication of cases, except an educational institution's adjudication of student or employee grievance or disciplinary cases; (iii) substantive rules; (iv) statements and interpretations of policy which have been adopted by a public body; (v) final planning policies, recommendations, and decisions; (vi) factual reports, inspection reports, and studies whether prepared by or for the public body; (vii) all information in any account, voucher, or contract dealing with the receipt or expenditure of public or other funds of public bodies; (viii) -the names, salaries, titles, and dates of employment of all employees and officers of public bodies; (ix) materials containing opinions concerning the rights of the state, the public, a subdivision of state or a local government, or of any private persons; (x) the name of every official and the final records of voting in all proceedings of public bodies; (xi) applications for any contract, permit, grant, or agreement except as exempted from disclosure by subsection (g) of Section 7 of this Act; (xii) each report, document, study, or publication prepared by independent consultants or other independent contractors for the public body; (xiii) all other information required by law to be made available for public inspection or copying; (xiv) information relating to any grant or contract made by or between a public body and another public body or private organization; (xv) waiver documents filed with the State Superintendent of Education or the president of the University of Illinois under Section 30 -12.5 of the School Code, concerning nominees for General Assembly scholarships under Sections 30 -9, 30 -10, and 30 -11 of the School Code; (xvi) complaints, results of complaints, and Department of Children and Family Services staff-findings of licensing violations at day care facilities, provided that personal and identifying information is not released; (xvii) records, reports, forms, writings, letters, memoranda, books, papers, and other documentary information, regardless of physical form or characteristics, having been prepared, or having been or being used, received, possessed, or under the control of the Illinois Sports Facilities Authority dealing with the receipt or expenditure of public funds or other funds of the Authority in connection with the reconstruction, renovation, remodeling, extension, or improvement of all or substantially all of an existing "facility" as that term is defined in the Illinois Sports Facilities Authority Act; and (xviii) reports prepared by institutions of higher education in the State of Illinois documenting their relationship with credit card issuers, otherwise disclosed to the Illinois Board of Higher Education. (d) "Copying" means the reproduction of any public record by means of any photographic, electronic, mechanical or other process, device or means. (e) "Head of the public body" means 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. (f) "News media" means a newspaper or other periodical http:// www. ilga .gov/legislation/ilcs /ilcs3. asp? ActID =85 &ChapAct =5 %26nbsp %3BILCS %... 11/2/2009 J I�Ub 14U/& j'reeaom of Wtormatlon Act. Page 4 of 45 . issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station,,a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing. (Source: P.A. 96 -261, eff. 1- •1 -10.) (Text of Section from P.A. 96 -542) Sec. 2. Definitions. As used in this Act: (a) "Public body" means all legislative, executive, administrative, or advisory bodies of. the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing including but riot limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act. (b) "Person" means any individual, corporation, partnership, firm, organization or association, acting individually or as a group. (c) "Public records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other dccumentary materials pertaining to the transaction of public :business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used bN'i, received by, in the possession of, or under the control of any public body. (c -5) "Private information" means unique identifiers, including a person's social security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addreBses. Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person. (c -10) "Commercial purpose" means the use of any part of a public record or records, or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services. For purposes of this definition, requests made by news media and non - profit, scientific, or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose of the request is W to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or public research or education. (d) "Copying" means the reproduction of any public record by means of any photographic, electronic, mechanical or other process, device or means now known or hereafter developed and / /www.ilga.gov/ legislation /ilcs /ilcs3.asp ?ActID =85 &ChapAct =5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140/ Freedom of Information Act. available to the public body. (e) "Head 6f the public body" means 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. (f) "News media" means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing. (Source: P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/2.5) Sec. 2.5. Records of funds. All records relating to the obligation, receipt, and use of public funds of the State, units of local government, and school districts are public records subject to inspection and copying by the public. (Source: P.A. 96 -542, eff. V- 1 -10.) (5 ILCS 140/2.10) Sec. 2.10. Payrolls. Certified payroll records submitted to a public body under Section 5(a) (2) of the Prevailing Wage Act are public records subject to inspection and copying in accordance with the provisions of this Act; except that contractors' employees' addresses, telephone numbers, and social security numbers must be redacted by the public body prior to disclosure. (Source: P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/2.15) Sec. 2.15.-Arrest reports and criminal history records. (a) Arrest reports. The following chronologically maintained arrest and criminal history information maintained by State or local criminal justice agencies shall be furnished as soon as practical, but in no event later than 72 hours after the arrest, notwithstanding the time limits otherwise provided for in Section 3 of this Act: (i) information that identifies the individual, including the name, age, address, and photograph, when and if available; (ii) information detailing any charges relating to the arrest; (iii) the time and location of the arrest; (iv) the name of the investigating or arresting law enforcement agency; (v) if the individual is incarcerated, the amount of any bail or bond; and (vi) if the individual is incarcerated, the time and date that the individual was received into, discharged from, or transferred from the arresting agency's custody. (b) Criminal history records. The following documents maintained by a public body pertaining to criminal history record information are public records subject to inspection and copying by the public pursuant to this Act: (i) court records that are public; (ii) records that are otherwise available under State or local law; and (iii) records in which the requesting party is the individual identified, except as provided under Section 7(1)(d)(vi). (c) Information described in items (iii) through (vi) of Page 5 of 45 http:// www. ilga .gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 R5 +CS 140/. Freedom of Infofmation Act. Page 6 of 45 - subsection (a) may be withheld if it is determined" that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement agency; (ii) endanger the life or physical safety of law enforcement or correctional personnel or any other person; or (iii) compromise the security of any correctional facility. (d) The provisions of this Section do not supersede the confidentiality provisions for arrest records of the Juvenile Court Act of 1987. (Source: P.A. 96 -542, eff. 1-- 1 -10.) (5 ILCS 140/2.20) 'Sec. 2.20. Settlement agreements. All settlement agreements entered into by or on behalf of a public body are public records subject to inspection and copying by the public, provided that information exempt from disclosure under Section 7 of this Act may be redacted. (Source: P.A. 96 -542, eff. 1-- 1 -10.) (5 ILCS 140/3) (from Ch. 116, par. 203) .Sec. 3. (a) Each public body shall make available to any person for inspection or copying all public records, except as otherwise provided in Section 7 of this Act. Notwithstanding any other law, a public body may not grant to any person or entity, whether by contrast, license, or otherwise, the exclusive right to access and disseminate any public record as defined in this Act. (b) Subject to the fee provisions of Section 6 of this Act, each public body shall promptly provide, to any person who submits a request, a copy of any public record required to be disclosed by subsection (a) of this Section and shall certify such copy if so requested. (c) Requests for inspection or copies shall be made in writing and directed to the public body. Written requests may be submitted to a public body via personal delivery, mail, telefax, or other means available to the public body. A public body may honor oral requests for inspection or copying. A public body may not require that a request be submitted on a standard form or require thE� requester to specify. the purpose for a request, except to determine whether the records are requested for a commercial purpose or whether to grant a request for a fee waiver. All requests for inspection and copying received by a public body shall immediately be forwarded to its Freedom of Information officer or designee. (d) Each public body shall, promptly, either comply with or deny a request for public records within 5 business days after its receipt of the request,'•unless the time for response is properly extended under subsection (e) of this Section. Denial shall be in writing as provided in Section 9 of this Act. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt shall be considered a denial of the request. A public body that fails to respond to a request within the requisite periods in this SE�ction but thereafter provides the requester with copies of thEt requested public records may not impose a fee for such copies. A public body that fails to respond to a request received may not treat the request as unduly burdensome under subsection (g). '/ www. ilga .gov/legislation/ilcs /ilcs3. asp? ActlD= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140/ Freedom of InformationAct. ¢ Page 7 of 45 (e). The time for response under this Section may be extended by the public body for not more than 5 business days from the original due date for any of the following reasons: (i) the requested records are stored in whole or in part at other locations than the office having charge of the requested records; (ii) the request requires the collection of a substantial number of specified records; (iii) the request is couched in categorical terms and requires an extensive search for the records responsive to it; (iv) the requested records have not been located in the course of routine search and additional efforts are being made to locate them; (v) the requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 of this Act or should be revealed only with appropriate deletions; (vi) the request for records cannot be complied with by the public body within the time limits prescribed by paragraph (c) of this Section without unduly burdening or interfering with the operations of the public body; (vii) there is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a subst &ntial interest in the determination or in the subject matter of the request. The person making a request and the public body may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requester and the public body agree to extend the period for compliance, a failure by the public body to comply with any previous deadlines shall not be treated as a denial of the request for the records. (f) When additional time is required for any of the above reasons, the public body shall, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming. Failure to respond within the time permitted for extension shall be considered a denial of the request. A public body that fails to respond to a request within the time permitted for extension but thereafter provides the requester with copies of the requested public records may not impose a fee for those copies. A public body that requests an extension and subsequently fails to respond to the request may not treat the request as unduly burdensome under subsection (g). (g) Requests calling for all records falling within a category shall be complied with unless compliance with the request would be unduly burdensome for the complying public body and there is no way to narrow the request and the burden on the public body outweighs the public interest in the information. Before invoking this exemption, the public body shall extend to the person making the request an opportunity to confer with it in an attempt to reduce the request to manageable proportions. If any body responds to a categorical request by stating that compliance would unduly burden its operation and the conditions described above are met, it shall do so in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance will so http:// www. ilga .gov/legislation/ilcs /ilcs3. asp? ActlD= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 JLC$140/ Freedom of Information Act. Page 8 of 45 burden the operations of the public body. Such a response shall be treated as a denial of the request for information. Repeated requests from. the same person for the same records that are unchanged or identical to records previously provided or properly denied• under this Act shall be deemed unduly burdensome under this provision. (h) Each public body may promulgate rules and regulations in conformity with the provisions of this Section pertaining to the availability of records and procedures to be followed, including: (i) the times and places where such records will be made available, and (ii) the persons from whom such records may be obtained. (i) The time periods for compliance or denial of a request to inspect or copy records set out in this Section shall not apply to requests for records made for a commercial purpose. Such requests shall be subject to the provisions of Section 3..l of this Act. (Source: P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/3.1) Sec. 3.1. Requests for commercial purposes. (a) A public body shall. respond to a request for records to be used for a commercial purpose within 21 working days after receipt. The response shall (i) provide to the requester an estimate of the time required by the public body to provide the records requested and an estimate of the fees to be charged, which the public body may require the person to pay in full before copying the requested documents, (ii) deny the request pursuant to one or more of the exemptions set out in this Act, (iii) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions, or (iv) provide the records requested. (b) Unless the records are exempt from disclosure, a public body shall comply with a request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non - commercial purposes. (c) It is a violation of this Act for a person to knowingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose, if requested to do so by the public body. (Source: P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/3.3) Sec. 3.3. This Act is not intended to compel public bodies to interpret or advise requesters as to the meaning or significance of the public records. (Source: P.A. 96 -5.42, eff. 1- 1 -10.) (5 ILCS 140/3.5) Sec. 3.5. Freedom of Information officers. (a) Each public body shall designate one or more officials or employees to act as its Freedom of Information officer or officers. Except in instances when records are furnished immediately, Freedom of Information officers, or their :// www. ilga .gov/legislation /ilcs /ilcs3. asp? Ac; t1D= 85 &ChapAct= 5 %26nbsp %3BII.CS %... 11/2/2009 5 ILCS 14J?/ Freedom of Information Act. Page 9 -of 45 designees, shall receive requests submitted to the public body under this Act, ensure that the public body responds to requests in a timely fashion, and issue responses under this Act. Freedom of Information officers shall develop a list of documents or categories of records that the public body shall immediately disclose upon request. Upon receiving a request for a public record, the Freedom of Information officer shall: (1) note the date the public body receives the written request; (2) compute the day on which the period for response will expire and make a notation of that date on the written request; (3) maintain an electronic or paper copy of a written request, including all documents submitted with the request until the request has been complied with or denied; and (4) create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of other communications. (b) All Freedom of Information officers shall, within 6 months after the effective date of this amendatory Act of the 96th General Assembly, successfully complete an electronic training curriculum to be developed by the Public Access Counselor and thereafter successfully complete an annual training program. Thereafter, whenever a new Freedom of Information officer is designated by a public body, that person shall successfully complete the electronic training curriculum within 30 days after assuming the position. Successful completion of the required training curriculum within the periods provided shall be a prerequisite to continue serving as a Freedom of Information officer. (Source: P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/4) (from Ch. 116, par. 204) Sec. 4. Each public body shall prominently display at each of its administrative or regional offices, make available for inspection and copying, and send through the mail if requested, each of the following: (a) A brief description of itself, which will include, but not be limited to, a short summary of its purpose, a block diagram giving its functional subdivisions, the total amount of its operating budget, the number and location of all of its separate offices, the approximate number of full and part -time employees, and the identification and membership of any board, commission, committee, or council which operates in an advisory capacity relative to the operation of the public body, or which exercises control over its policies or procedures, or to which the public body is required to report and be answerable for its operations; and (b) A brief description of the methods whereby the public may request information and public records, a directory designating the Freedom of Information officer or officers, the address where requests for public records should be directed, and any fees allowable under Section 6 of this Act. (c) A public body that maintains a website shall also post this information on its website. http:// www. ilga.gov/legislation/ilcs /ilcs3. asp? ActlD= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 54 14()/, Freedom of Information Act. (Source: P.A. 96 -542, eff. 1•- 1 -10.) t Page 10 off 45- (5 ILCS 140/5) (from Ch. 116, par. 205) Sec. 5. As to public records prepared or received after the effective date of this Act, each public body shall maintain and make available for inspection and copying a reasonably current list of EL11 types or categories of records under its control. The list shall be reasonably detailed in order to aid persons in obtaining access to public records pursuant to this Act. Each. public body shall furnish upon request a description of the manner in which public records stored by means of electronic data processing may be obtained ,in a form comprehensible to persons lacking knowledge of computer language or printou-= format. (Source: P.A. 83- 1013.) (5 ILCS 140/6) (from Ch. 116, par. 206) Sec. 6. Authority to charge fees. (a) When a person requests a copy of a record maintained in an electronic format, the public body shall furnish it in the electronic format specified by the requester, if feasible. If it is not feasible to furnish the public records in the specified electronic format, then the public body shall furnish it in the format in which it is maintained by the public body, or in paper format at the option of the requester. A public body nay charge the requester for the actual cost of purchasing the recording medium, whether disc, diskette, tape, or other medium. A public body may not charge the requester for the costs of any search for and review of the records or other personnel costs associated with reproducing the records. Except to the extent that the General Assembly expressly provides, statutory fees applicable to copies of public records when furnished in a paper format shall not be applicable to those records when furnished in an electronic format. (b) Except when a fee is otherwise fixed by statute, each public body may charge fees reasonably calculated to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the public body to copy records. No fees shall be charged for the first 50 pages of black and white, letter or legal sized copies requested by a requester. The fee for black and white, letter or legal sized copies shall not exceed 15 cents per page. If a public body provides copies in. color or in a size other than letter or legal, the public body may not charge more than its actual cost for reproducing the records. In calculating its actual cost for reproducing records or for the use of the equipment of the public body to reproduce records, a public body shall not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records. Such fees shall be imposed according to a standard scale of fee:, established and made public by the body imposing them. The cost for certifying a record shall not exceed $1. (c) Documents shall be furnished without charge or at a reduced charge, as determined by the public body, if the person requesting the documents states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest. Waiver or reduction of the i:// www. ilga .gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 . 5 ILCS..140/ Freedom of Information Act. Page 11 of 45 fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit. For purposes of this subsection, "commercial benefit" shall not apply to requests made by news media when the principal purpose of the request is to access and disseminate information regarding the health, safety, and welfare or the legal rights of the general public. In setting the amount of the waiver or reduction, the public body may take into consideration the amount of materials requested and the cost of copying them. (d) The imposition of a fee not consistent with subsections (6)(a) and (b) of this Act constitutes a denial of access to public records for the purposes of judicial review. (d) The fee for each abstract of a driver's record shall be as provided in Section 6 -118 of "The Illinois Vehicle Code ", approved September 29, 1969, as amended, whether furnished as a paper copy or as an electronic copy. (Source: P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/7) (from Ch. 116, par. 207) (Text of Section from P.A. 96 -261) Sec. 7. Exemptions. (1) The following shall be exempt from inspection and copying: (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 exempted under this subsection (b) shall include but is not limited to: (i) 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; (ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions; (iii) files and personal information maintained with respect to any applicant, registrant or licensee by any public body cooperating with or engaged in professional or occupational registration, licensure or discipline; (iv) information required of any taxpayer in connection with the assessment or collection of any tax unless disclosure is otherwise required by State statute; (v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or hq:// www .ilga.gov/legislation/Ucs /Ucs3. asp? ActID= 85 &ChapA.ct= 5 %26nbsp %3BILCS %... 11/2/2009 5 #-CS 140%' Freedom of Information Act. Page 12 of 45 penal agencies; provided, however, that identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided by agencies of local government, except in a case for which a criminal investigation is ongoing, without constituting a clearly unwarranted per se invasion of personal privacy under this subsection; (vi) the names, addresses, or other personal information of participants and registrants in park district, forest preserve district, and conservation district programs; and (vii) the Notarial Record or other medium containing the thum]:)print or fingerprint required by Section 3- 102(c)(6) of the Illinois Notary Public Act. (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, but only to the extent that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency; (ii) interfere with pending administrative enforcement proceedings conducted by any public body; (iii) deprive a Person of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source; (v) 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 incidents of crime or misconduct, (vi) constitute an invasion of personal privacy under subsection (b) of this Section; (vii) endanger t:he life or physical safety of law enforcement personnel or any other person; or (viii) obstruct an ongoing criminal investigation. (d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall he open for public inspection and copying: (i) chronologically maintained arrest information, such as traditional arrest logs or blotters; (ii) the name of a person in the custody of a law enforcement agency and the charges for which that person is being held; (iii) court records that are public; (iv) records that are otherwise available under State or local law; or (v) records in which the requesting party is the individual identified, except as provided under part (vii) of paragraph (c) of subsection (1) of this Section. "Criminal history record information" means data identifiable to an individual and consisting of '/ www. ilga .gov/legislation/ilcs /ilcs3. asp? ACtID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140/ Freedom of Information Act. Page 13 of 45 descriptions or notations of arrests, detentions, indictments, informations, pre -trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes. (e) Records that relate to or affect the security of correctional institutions and detention facilities. (f) Preliminary drafts, notes, recommendations, - memoranda and other records -in which opinions are expressed, or policies or actions are formulated, except that 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. The exemption provided in this paragraph (f) 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, including: (i) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. (ii) All trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm. Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure. (h) Proposals and bids for any contract, grant, or agreement, including information which if it were 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, computer geographic systems, designs, drawings and research data obtained or produced http:// www. ilga .gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 1401 Freedom of Information Act. 11 Page 14 of 45. by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the °request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public. (j) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment. (k) Architects` plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, but only to the extent that disclosure would compromise security, including but not limited to water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings. (1) 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 until the public body makes the minutes available to the public under Section 2.06 of 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 upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies. (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, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section. (q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement s'nall be subject to inspection and copying. (r) Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer, and exchange of municipal debt obligations, and of persons to whom payment with respect to these ►:// www. ilga.gov/legislation/Ucs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 • 5 ILCS 140/ Freedom of Information Act. Page 15 of 45 obligations is made. (s) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated. (t) Any and all proprietary information and records 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 student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body's adjudication of student or employee grievances 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 Section 5 -108 of the Public Utilities Act. (z) Manuals or instruction to staff that relate to establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law. (aa) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received. (bb) Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications. (cc) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act. (dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act. (ee) Firm performance evaluations under Section 55 of the • Architectural, Engineering, and Land Surveying http: / /w, �vw. Uga.gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2004 5 I�CS 140A Freedom of Information Act. Page 16 of 45- - - Qualifications Based SelE:ction Act. (ff) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi -State Transit Safety Act. (gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act. (hh) Information the disclosure of which is exempted under the State Official, and Employees Ethics Act. (ii) Beginning July 1, 1999, information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended tc be used to create electronic or digital signatures under the Electronic Commerce Security Act. (jj) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11- 21.5 -5 of the Illinois Municipal Code. (kk) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act. (11) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations. (mm) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility or by the Illinois Power Agency. (nn) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11 -212 of the Illinois Vehicle Code. (oo) Records and infcrmation provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review `team Act. (pp) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article. (qq) Defense budgets and petitions for certification �: / /www. ilga .gov /legislation/ilcs /ilcs3. asp? ActI D= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140/ Freedom of Information Act. Page 17 of 45 of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (qq) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing. (rr) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1 -75 of the Illinois Power Agency Act and Section 16 -111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission. (ss) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act. (tt) Information about students exempted from disclosure under Sections 10 -20.38 or 34 -18.29 of the School Code, and information about undergraduate students enrolled at an institution of higher education exempted from disclosure under Section 25 of the Illinois Credit Card Marketing Act of 2009. (2) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act. (Source: P.A. 95 -331, eff. 8- 21 -07; 95 -481, eff. 8- 28 -07; 95 -941, eff. 8- 29 -08; 95 -988, eff. 6 -1 -09; 96 -261, eff. 1 -1 -10; 96 -328, eff. 8- 11 -09.) (Text of Section from P.A. 96 -328) Sec. 7. Exemptions. (1) The following shall be exempt from inspection and copying: (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 exempted under this subsection (b) shall include but is not limited to: (i) 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; (ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions; (iii) files and personal information maintained with respect to any applicant, registrant or licensee http:// www. Uga.govllegislationlilcslilcs3. asp ?AcdD= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 1401 Freedom of Information Act. Page 18 of 45 by any public body cooperating with or engaged in professional or occupational registration, licensure or discipline; (iv) information required of any taxpayer in connection with the assessment or collection of any ta°x unless disclosure is otherwise required by State statute; ,(v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies; provided, however, that identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided by agencies of local government, except in a case for which a criminal investigation is ongoing, without constituting a clearly unwarranted per se invasion of personal privacy under this subsection; (vi) the names, addresses, or other personal information of participants and registrants in park district, forest preserve district, and conservation district programs; and (vii) the Notarial Record or other medium containing the thumbprint or fingerprint required by Section 3- 102(c)(6) of the Illinois Notary Public Act. (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, but only to the extent that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any .Law enforcement or correctional agency; (ii) interfere w:_th pending administrative enforcement proceedings conducted by any public body; (iii) deprive a person of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source: or confidential information furnished only by thE: confidential source; (v) 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 incidents of crime or misconduct; (vi) constitute an invasion of personal privacy under subsection (b) of this Section; (vii) endanger the life or physical safety of law enforcement personnel or any other person; or (viii) obstruct an ongoing criminal investigation. (d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be open for public inspection and copying: (i) chronologically maintained arrest information, such as traditional arrest logs or blotters; (ii) the name of a person in the custody of a law enforcement agency and the charges for which that '/ www. ilga.gov/legislationlUcs /ilcs3. asp? Aci: ID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140/ ]Freedom of Information Act. ` person is being held; (iii) court records (iv) records that ar State or local law; or (v) records in which individual identified, (vii) of paragraph (c Section. Page 19 of 45 that are public; e otherwise available under the requesting party is the except as provided under part of subsection (1) of this "Criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre -trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, -including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes. (e) Records that relate to or affect the security of correctional institutions and detention facilities. (f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that 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. The exemption provided in this paragraph (f) 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, including: (i) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. (ii) All trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may .cause competitive harm. Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure. hq:// www .ilga.gov/legislation/Ucs /Ucs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5, I�'CS 140 /, Freedom of Information Act. Page 20 of 45 s (h) Proposals and bids for any contract, grant, or agreement, including information which if it were 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, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public. (j) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license cr employment. (k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, but only to the extent that disclosure would compromise security, including but not limited to water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings. (1) 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 until the public body makes the minutes available to the public under Section 2.06 of 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 upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies. (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, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object: modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section. / www. Uga.gov/legislation/ilcs /ilcs3. asp? Act[ D= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 ,. 5 ILLS 140/ Freedom of Information Act. Page 21 of 45 (q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying. (r) Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer,. and exchange of municipal debt obligations, and of persons to whom payment with respect to these obligations is made. (s) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to areal estate sale shall be exempt until a sale is consummated. (t) Any and all proprietary information and records 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 student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body's adjudication of student or employee grievances 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 Section 5 -108 of the Public Utilities Act.. (z) Manuals or instruction to staff that relate to establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law. (aa) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received. (bb) Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications. hq:// www .ilga.gov/legislation/Ucs /Ucs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 E 140Y Freedom of Infdrmation Act. . Page 22 of 45 - (cc) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act. (dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act. (ee) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based SelE:ction Act. (ff) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi -State Transit Safety Act. (gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act. (hh) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act. (ii) Beginning July : -, 1999, information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act. (jj) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11- 21.5 -5 of the Illinois Municipal Code. (kk) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act. (11) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item way include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical_ operations. (mm) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility or by the Illinois Power Agency. (nn) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11 -212 of the Illinois r:// www. ilga .gov/legislation/ilcs /ilcs3. asp? Aci! D= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140/ Freedom of Information °Act. Page 23 of 45 "Vehicle Code. (oo) Records and information provided to a residential health care facility resident sexual assault 's and death review team or the Executive Council under the Abuse Prevention Review Team Act. (pp) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article. (qq) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided. under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (qq) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing. (rr) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1 -75 of the Illinois Power Agency Act and Section 16 -111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission. (ss) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act. (2) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act. (Source: P.A. 95 -331, eff. 8- 21 -07; 95 -481, eff. 8- 28 -07; 95 -941, eff. 8- 29 -08; 95 -988, eff. 6 -1 -09; 96 -328, eff. 8- 11 -09.) (Text of Section from P.A. 96 -542) Sec. 7. Exemptions. (1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying: (a) Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law. (b) Private information, unless disclosure is required by another provision of this Act, a State or federal law or a court order. (c) Personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to http:// www. ilga .gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 IJCS 14% Freedom of Information Act. Page 24 of 45 privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be cDnsidered an invasion of personal privacy. (d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request; (ii) interfere with active administrative enforcement proceedings conducted by the public body that is the recipient of the request; (iii) create a substantial likelihood that a person will be deprived of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic accidents, traffic accident reports, and rescue reports shall be provided by agencies of local government, except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of the request; (v) 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 incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of the request; (vi) endanger the life or physical safety of law _enforcement personnel or any other person; or (vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request. (e) Records that relate to or affect the security of . correctional institutions and detention facilities. (f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that 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. The exemption provided in this paragraph (f) 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 commercial or financial information are furnished under a claim that they are proprietary, privileged or confident-'-al, and that disclosure of the :// www .Uga.gov/legislation/iles /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 1401 Freedom of Information Act. Page 25 of 45 trade secrets or commercial or financial information would cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested. (i) All trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm. Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure. (h) Proposals and bids for any contract, grant, or agreement, including information which if it were 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, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public. (j) The following information pertaining to educational matters: (i) test questions, scoring keys and other examination data used to administer an academic examination; (ii) information received by a primary or secondary school, college, or university under its procedures for the evaluation of faculty members by their academic peers; (iii) information concerning a school or university's adjudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student; and (iv) course materials or research materials used by faculty members. (k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for http:// www. ilga.gov/legislation/ilcs /iks3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 140 Freedom of Information Act. t Page 26 of 45 projects constructed or developed with public funds, including but not limited to power generating and distribution stations and other transmission and distribution facilities;, water treatment facilities, airport facilities, spert stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security. (1) Minutes of meetings of public bodies closed to the public as provided in the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act. (m) 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 upon the request of an attorney advising the public body, and mate. ^ials prepared or compiled with respect to internal audits of public bodies. (n) Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed. (o) Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section. (p) Records relating to collective negotiating matters between public bodies and their employees or representatives, except. that any final contract or agreement shall be subject to inspection and copying. (q) Test questions, scoring keys, and other examination data used to determine the qualifications of an applicant for a license or employment. (r) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated. (s) Any and all proprietary information and records related to the operation of an intergovernmental risk management association :)r self - insurance pool or jointly . self - administered health and accident cooperative or pool. Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management r / /www. ilga .govilegislation /ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140/ Freedom of Information `Act. Page 27 of 45 information, records, data, advice or communications. (t) 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. (u) Information that would disclose or might lead to' the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the.Electronic Commerce Security Act. (v) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations. (x) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois Power Agency. (y) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1 -75 of the Illinois Power Agency Act and Section 16 -111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission. (2) A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act. (3) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act. (Source: P.A. 95 -331, eff. 8- 21 -07; 95 -481, eff. 8- 28 -07; 95 -941, eff. 8- 29 -08; 95 -988, eff. 6 -1 -09; 96 -328, eff. 8- 11 -09; 96 -542, eff. 1- 1 -10.) (Text of Section from P.A. 96 -558) Sec. 7. Exemptions. (1) The following shall be exempt from inspection and copying: (a) Information specifically prohibited from http: l/ www. ilga .gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 3 5 LCS 14b% Freedom of Information Act. Page 28 of 45- o 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 p_- ivacy. Information exempted under this subsection (b) shall include but is not limited to: (i) files and personal information maintained with respect to clients, patients, residents, students or other individuals receiving social, medical, educational, vocat_onal, financial, supervisory or custodial care or services directly or indirectly from federal agencies or public bodies; (ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions; (iii) files and personal information maintained with respect to any applicant, registrant or licensee by any public body cooperating with or engaged in professional or occupational registration, licensure or discipline; (iv) information required of any taxpayer in connection with the assessment or collection of any tax unless disclosure is otherwise required by State statute; (v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies; provided, however, that identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided by agencies of local government, except in a case for which a criminal investigation is ongoing, without constituting a clearly unwarranted per se invasion of personal privacy under this subsection; (vi) the names, addresses, or other personal information of participants and registrants in park district, forest preserve district, and conservation district programs; Ecnd (vii) the Notarial Record or other medium containing the thurrbprint or fingerprint required by Section 3- 102(c)(6) of the Illinois Notary Public Act. (b -5) Files, documents, and other data or databases maintained by one or raore law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects. (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, but only to the extent that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional :// www. ilga .gov/legislation/ilcs /ilcs3. asp? A(; tID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 1x40/ Freedom of Information Act. Page 29 of 45 agency; (ii) interfere with pending administrative enforcement proceedings conducted by any public body; s (iii) deprive a person of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source; (v) 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 incidents of crime or misconduct; (vi) constitute an invasion of personal privacy under subsection (b) of this Section; (vii) endanger the life or physical safety of law enforcement personnel or any other person; or (viii) obstruct an ongoing criminal investigation. (d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be open for public inspection and copying: (i) chronologically maintained arrest information, such as traditional arrest logs or blotters; (ii) the name of a person in the custody of a law enforcement agency and the charges for which that person is being held; (iii) court records that are public; (iv) records that are otherwise available under State or local law; or (v) records in which the requesting party is the individual identified, except as provided under part (vii) of paragraph (c) of subsection '(1) of this Section. "Criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre -trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes. (e) Records that relate to or affect the security of correctional institutions and detention facilities. (f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that 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. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly hq:// www .Uga.gov/legistation/Ucs /ilcs3. asp? ActlD= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 .5 1401 Freedom of Information Act. il Page 30 of 45 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, including: (i) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. (ii) All trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm. Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure. (h) Proposals and bids for any contract, grant, or agreement, including information which if it were 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, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public. (j) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment. (k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, but only to the extent that disclosure would compromise security, including but not limited to water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied / www. ilga .gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140 / Freedom of Information Act. . Page 31 of 45 buildings. (1) 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 until the public body makes the minutes available to the public under Section 2.06 of 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 upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies. (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, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section. (q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying. (r) Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer, and exchange of municipal debt obligations, and of persons to whom payment with respect to these obligations is made. (s) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated. (t) Any and all proprietary information and records 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 student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body's adjudication of http:// www. ilga.govllegislationlUcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 I4CS.140/ Freedom of Information Act. Page 32 of 45 student or employee grievances 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 Section 5 -108 of the Public Utilities Act. (z) Manuals or instruction to staff that relate to establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law. (aa) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received. (bb) Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications. (cc) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act. (dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act. (ee) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (ff) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi -State Transit Safety Act. (gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act. (hh) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act. (ii) Beginning July 1, 1999, information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act. (jj) Information contained in a local emergency energy plan submitted to a municipality in accordance with :// www. ilga.gov/legislation/ilcs /ilcs3. asp? ActlD= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 14.Of , Freedom of Information Act. Page 33 of 45 a local emergency energy plan ordinance that is adopted under Section 11- 21.5 -5 of the Illinois Municipal Code. (kk) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act. (11) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations. (mm) Maps and other records regarding the location or security of generation, transmission, distribution, ,storage, gathering, treatment, or switching facilities owned by a utility or by the Illinois Power Agency. (nn) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11 -212 of the Illinois Vehicle Code. (oo) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act. (pp) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article. (qq) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (qq) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing. (rr) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16 -111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission. (ss) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act. (2) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act. hV:// www .Uga.gov/legislation/Ucs /ilcs3. asp? AcdD= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 140/ Freedom of Information Act. m s Page 34 of 4� T (Source: P.A. 95 -331; eff. 8- 21 -07; 95 -481, eff. 8- 28 -07; 95 -941, eff. 8- 29 -08; 95 -988, eff. 6 -1 -09; 96 -328, eff. 8- 11 -09; 96 -558, eff. 1- 1 -10.) (Text °of Section from P.A. 96 -736) Sec. 7. Exemptions. (1) The following shall be exempt from inspection and copying: (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 exempted under this subsection (b) shall include but is not limited to: (i) 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; (ii) personnel files and personal information maintained with respect to employees, appointees or elected officials of any public body or applicants for those positions; (iii) files and personal information maintained with respect to any applicant, registrant or licensee by any public body cooperating with or engaged in professional or occupational registration, licensure or discipline; (iv) information required of any taxpayer in connection with the assessment or collection of any tax unless disclosure is otherwise required by State statute; (v) information revealing the identity of persons who file complaints with or provide information to administrative, investigative, law enforcement or penal agencies; provided, however, that identification of witnesses to traffic accidents, traffic accident reports, and rescue reports may be provided by agencies of local government, except in a case for which a criminal investigation is ongoing, without constituting a clearly unwarranted per se invasion of personal privacy under this subsection; (vi) the names, addresses, or other personal information of participants and registrants in park district, forest preserve district, and conservation district programs; and (vii) the Notarial Record or other medium containing the thumbprint or fingerprint required by Section 3- 102(c)(6) of the Illinois Notary Public Act. (c) Records compiled by any public body for administrative enforcement proceedings and any law enforcement or correctional agency for law enforcement // www. ilga.gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 14b/ Freedom of Information Act. Page 35 of 45 e purposes or for internal matters of a public body, but only to the extent that disclosure would:. (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency; (ii) interfere with pending administrative enforcement proceedings conducted by any public body; (iii) deprive a person of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source; (v) 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 incidents of crime or misconduct; (vi) constitute an invasion of personal privacy under subsection (b) of this Section; (vii) endanger the life or physical safety of law enforcement personnel or any other person; or (viii) obstruct an ongoing criminal investigation. (d) Criminal history record information maintained by State or local criminal justice agencies, except the following which shall be open for public inspection and copying: (i) chronologically maintained arrest information, such as traditional arrest logs or blotters; (ii) the name of a person in the custody of a law enforcement agency and the charges for which that person is being held; (iii) court records that are public; (iv) records that are otherwise available under State or local law; or (v) records in which the requesting party is the individual identified, except as provided under part (vii) of paragraph (c) of subsection (1) of this Section. "Criminal history record information" means data identifiable to an individual and consisting of descriptions or notations of arrests, detentions, indictments, informations, pre -trial proceedings, trials, or other formal events in the criminal justice system or descriptions or notations of criminal charges (including criminal violations of local municipal ordinances) and the nature of any disposition arising therefrom, including sentencing, court or correctional supervision, rehabilitation and release. The term does not apply to statistical records and reports in which individuals are not identified and from which their identities are not ascertainable, or to information that is for criminal investigative or intelligence purposes. (e) Records that relate to or affect the security of correctional institutions and detention facilities. (f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except hq: / /www. ilga .gov /legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 .6 . ILCS140 / Freedom of Information Act. Page 36 of 45 that a specific record or relevant portion of a I-ecord shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) 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, including: (i) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. (ii) All trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm. Nothing contained in this paragraph (g) shall be construed to prevent a person or business from consenting to disclosure. (h) Proposals and bids for any contract,.grant, or agreement, including information which if it were 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, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does, not extend to requests made by news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public. (j) Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for a license or employment. (k) Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for / www. ilga .gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 110/ Freedom of Information Act. Page 37 of 45 projects constructed or developed with public funds, but only to the extent that disclosure would compromise security, including but not limited to water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings. (1) 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 until the public body makes the minutes available to the public under Section 2.06 of 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 upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies. (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, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials exempt under this Section. (q) Documents or materials relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying. (r) Drafts, notes, recommendations and memoranda pertaining to the financing and marketing transactions of the public body. The records of ownership, registration, transfer, and exchange of municipal debt obligations, and of persons to whom payment with respect to these obligations is made. (s) The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated. (t) Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self- administered health and accident cooperative or pool. http:// vmw. ilga.govllegislationlUes /ilcs3. asp ?ActID =85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 140/ Freedom of Information Act. ° Page 38 of 45- (u) Information concerning a university's adjudication of student or employee grievance or disciplinary cases, to the extent that disclosure would reveal the identity of the student or employee and information concerning any public body's adjudication of student or employee grievances 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 Section 5 -108 of the Public Utilities Act. (z) Manuals or instruction to staff that relate to establishment or collection of liability for any State tax or that relate to investigations by a public body to determine violation of any criminal law. (aa) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received. (bb) Insurance or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice or communications. (cc) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act. (dd) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act. (ee) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (ff) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi -State Transit Safety Act. (gg) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act. (hh) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act. (ii) Beginning July 1, 1999, information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or / www. ilga .gov/legislation /ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140/. Freedom of Information Act. Page 39 of 45 private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act. (jj) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11- 21.5 -5 of the Illinois Municipal Code. (kk) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act. (11) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations. (mm) Maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility or by the Illinois Power Agency. (nn) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11 -212 of the Illinois Vehicle Code. (oo) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act. (pp) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article. (qq) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (qq) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing. (rr) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1 -75 of the Illinois Power Agency Act and Section 16 -111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission. (ss) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and hq:// www .Uga.gov/legislation/Ucs /ilcs3. asp? AcdD= 85 &ChapAct =5 %26nbsp %3BILCS %... 11/2/2009 5 140/ Freedom of Information Act. 1- Page 40 of 45 Hazardous Substances Registry Act. a (tt) Information the disclosure of which is exempted under the Viatical Settlements Act of 2009. (2) This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act. (Source: P.A. 95 -331, eff. 8- 21 -07; 95 -481, eff. 8- 28 -07; 95 -941, eff. 8- 29 -08; 95 -988, eff. 6 -1 -09; 96 -328, eff. 8- 11 -09; 96 -736, eff. 7- 1 -10.) (5 ILCS 140/7.1) Sec. 7.1. (Repealed). (Source: P.A. 95 -331, eff. 8- 21 -07. Repealed by P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/7.5) Sec. 7.5. Statutory Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying: (a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. (b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act. (c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received. (d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act. (e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act. (f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act. (h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act. (i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11- 21.5 -5 of the Illinois Municipal Code. (j) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act. (k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under '/ www. ilga .gov/legislation/ilcs /ilcs3. asp? ACtlD= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 r • 5°ILCS 146,E Freedom of Information Act. Page 41 of 45 Section 11 -212 of the Illinois Vehicle Code. (1) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act. (m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article. (n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing. (o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act. (p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi -State Transit Safety Act. (q) Information prohibited from being disclosed by the Personnel Records Review Act. (r) Information prohibited from being disclosed by the Illinois School Student Records Act. (s) Information the disclosure of which is restricted under Section 5 -108 of the Public Utilities Act. (Source: P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/8) Sec. 8. (Repealed). (Source: P.A. 85 -1357. Repealed by P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/9) (from Ch. 116, par. 209) Sec. 9. (a) Each public body denying a request for public records shall notify the requester in writing of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial. Each notice of denial by a public body shall also inform such person of the right to review by the Public Access Counselor and provide the address and phone number for the Public Access Counselor. Each notice of denial shall inform such person of his right to judicial review under Section 11 of this Act. (b) When a request for public records is denied on the grounds that the records are exempt under Section 7 of this Act, the notice of denial shall specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to supporting legal authority. Copies of all notices of denial shall be retained by each public body in a single central office file that is open to the public and indexed according to the type of exemption asserted and, to the extent feasible, hq:// www .ilga.gov/legislation/Ucs /Ucs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 140/ ` Freedom of Information Act. - Page 42 of 45 according to the-types of records requested. (c) Any person making a request for public records shall be deemed to have exhausted his or her administrative remedies with respect to that request if the public body-fails to act within the time periods provided in Section 3 of this Act. (Source: P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/9.5) Sec. 9.5. Public Access Counselor; opinions. (a) A person whose request to inspect or copy a public record is denied by a public body, except the General Assembly and committees, commissions, and agencies thereof, may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the date of the final denial. The request for review must be in writing, signed by the requester, and include (i) a copy of the request for access to records and (ii) any responses from the public body. (b) A public body that receives a request for records, and asserts that the records are exempt under subsection (1)(c) or (1) (f) of Section 7 of this Act, shall, within the time periods provided for responding to a request, provide written notice to the requester and the Public Access Counselor of its intent to deny the request in whole or in part. The notice shall include: (i) a copy of the request for access to records; (ii) the proposed response from the public body; and (iii) a detailed summary of the public body's basis for asserting the exemption. Upon receipt of a notice of intent to deny from a public body, the Public Access Counselor shall determine whether further inquiry is warranted. Within 5 working days after receipt of the notice of intent to deny, the Public Access Counselor shall notify the public body and the requester whether further inquiry is warranted. If the Public Access Counselor determines that further inquiry is warranted, the procedures set out in this Section regarding the review of denials, including the production of documents, shall also be applicable to the inquiry and resolution of a notice of intent to deny from a public body. Times for response or compliance by the public body under Section 3 of this °Act shall be tolled until the Public Access Counselor concludes his or her inquiry. (c) Upon receipt of a request for review, the Public Access Counselor shall determine whether further action is warranted. If the Public Access Counselor determines that the alleged violation is unfounded, he or she shall so advise the requester and the public body and no further action shall be undertaken. In all other cases, the Public Access Counselor shall forward a copy of the request for review to the public body within 7 working days after receipt and shall specify the records or other documents that the public body shall furnish to facilitate the review. Within 7 working days after receipt of the request for review, the public body shall provide copies of records requested and shall otherwise fully cooperate with the Public Access Counselor. If a public body fails to furnish specified records pursuant to this Section, or if otherwise necessary, the Attorney General may issue a subpoena to any person or public body having knowledge of or records pertaining to a request for review of a denial of access to records under the Act. To the extent that records or // www. ilga .gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 140/ Freedom of Information Act. _ Page 43 of 45 documents produced by a public body contain information that is claimed to be exempt from disclosure under Section 7 of this Act, the Public Access Counselor shall not further q disclose that information. (d) Within 7 working days after it receives a copy of a request for review and request for production of records from the Public Access Counselor, the public body may, but is not required to, answer the allegations of the request for review. The answer may take the form of a letter, brief, or memorandum. The Public Access Counselor shall forward a copy of the answer to the person submitting the request for review, with any alleged confidential information to which the request ,pertains redacted from the copy. The requester may, but is not required to, respond in writing to the answer within 7 working days and shall provide a copy of the response to the public body. (e) In addition to the request for review, and the answer and the response thereto, if any, a requester or a public body may furnish affidavits or records concerning any matter germane to the review. (f) Unless the Public Access Counselor extends the time by no more than 21 business days by sending written notice to the requester and the public body that includes a statement of the reasons for the extension in the notice, or decides to address the matter without the issuance of a binding opinion, the Attorney General shall examine the issues and the records, shall make findings of fact and conclusions of law, and shall issue to the requester and the public body an opinion in response to the request for review within 60 days after its receipt. The opinion shall be binding upon both the requester and the public body, subject to administrative review under Section 11.5. In responding to any request under this Section 9.5, the Attorney General may exercise his or her discretion and choose to resolve a request for review by mediation or by a means other than the issuance of a binding opinion. The decision not to issue a binding opinion shall not be reviewable. Upon receipt of a binding opinion concluding that a violation of this Act has occurred, the public body shall_ either take necessary action immediately to comply with the directive of the opinion or shall initiate administrative review under Section 11.5. If the opinion concludes that no violation of the Act has occurred, the requester may initiate administrative review under Section 11.5. A public body that discloses records in accordance with an opinion of the Attorney General is immune from all liabilities by reason thereof and shall not be liable for penalties under this Act. (g) If the requester files suit under Section 11 with respect to the same denial that is the subject of a pending request for review, the requester shall notify the Public Access Counselor, and the Public Access Counselor shall take no further action with respect to the request for 'review and shall so notify the public body. (h) The Attorney General may also issue advisory opinions to public bodies regarding compliance with this Act. A review may be initiated upon receipt of a written request from the head of the public body or its attorney, which shall contain sufficient accurate facts from which a determination can be made. The Public Access Counselor may request additional http: / /www.ilga.gov/ legislation /ilcs /ilcs3.asp ?ActID =85 &ChapAct= 5 %26nbsp %3BII,CS %... 11/2/2009 ULUS 14U/ Freedom of information Act. Page 44 of 45 information from the public body in order to assist an the review. A public body that relies in good faith on an advisory opinion of the Attorney General in responding to a request is not liable for penalties under this Act, so long as the facts upon which the opinion is based have been fully and fairly disclosed to the Public Access Counselor. (Source: P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/10) Sec. 10. (Repealed). (Source: P.A. 83 -1013. Repealed by P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/11) (from Ch. 116, par. 211) Sec. 11. (a) Any person denied access to inspect or copy any public record by a public body may file suit for injunctive or declaratory relief. (b) Where the denial is from a public body of the State, suit may be filed in the circuit court for the county where the public body has its principal office or where the person denied access resides. (c) Where the denial is from a municipality or other public body, except as provided in subsection (b) of this Section, suit may be filed in the circuit court for the county where the public body is located. (d) The circuit court shall have the jurisdiction to enjoin the public body from withholding public records and to order the production of any public records improperly withheld from the person seeking access. If the public body can show that exceptional circumstances exist, and that the body is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to complete its review of the records. (e) On motion of the plaintiff, prior to or after in camera inspection, the court shall order the public body to provide an index of the records to which access has been denied. The index shall include the following: (i) A description of the nature or contents of each document withheld, or each deletion from a released document, provided, however, that the public body shall not be required to disclose the information which it asserts is exempt; and (ii) A statement of the exemption or exemptions claimed for each such deletion or withheld document. (f) In any action considered by the court, the court shall consider the matter de novo, and shall conduct such in camera examination of the requested records as it finds appropriate to determine if such records 'or any part thereof may be withheld under any provision of this Act. The burden shall be on the public body to establish that its refusal to permit public inspection or copying is in accordance with the provisions of this Act. Any public body that asserts that a record is exempt from disclosure has the burden of proving that it is exempt by clear and convincing evidence. (g) In the event of noncompliance with an order of the court to disclose, the court may enforce its order against any public official or employee so ordered or primarily responsible for such noncompliance through the court's contempt powers. (h) Except as to causes the court considers to be of :// www. ilga .gov/legislation/ilcs /ilcs3. asp? ActID= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 5 ILCS 14tH Freedom of Information Act. Page 45 of 45 greater importance, proceedings arising under this Section shall take precedence on the docket over all other causes and be assigned for hearing and trial at the earliest practicable date and expedited in every way. (i) If a person seeking the right to inspect or receive a copy of a public record prevails in a proceeding under this Section, the court shall award such person reasonable attorneys' fees and costs. In determining what amount of attorney's fees is reasonable, the court shall consider the degree to which the relief obtained relates to the relief sought. The changes contained in this subsection apply to an action filed on or after the effective date of this amendatory Act of the 96th General Assembly. (j) If the court determines that a public body willfully and intentionally failed to comply with this Act, or otherwise acted in bad faith, the court shall also impose upon the public body a civil penalty of not less that $2,500 nor more than $5,000 for each occurrence. In assessing the civil penalty, the court shall consider in aggravation or mitigation the budget of the public body and whether the public body has previously been assessed penalties for violations of this Act. The changes contained in this subsection apply to an action filed on or after the effective date of this amendatory Act of the 96th General Assembly. (Source: P.A. 96 -542, eff. 1- 1 -10.) (5 ILCS 140/11.5) Sec. 11.5. Administrative review. A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for purposes of administrative review under the Administrative Review Law (735 ILCS 5 /Art. III). An action for administrative review of a binding opinion of the Attorney General shall be commenced in Cook or Sangamon County. An advisory opinion issued to a public body shall not be considered a final decision of the Attorney General for purposes of this Section. (Source: P.A. 96 -542, eff. 1- 1 -10.) hq:// www .Uga.gov/legislation/Ucs /ilcs3. asp? ActlD= 85 &ChapAct= 5 %26nbsp %3BILCS %... 11/2/2009 t 6 � a � � N o � � � o CA o Ell a m Exhibit B Committees, Commissions and Boards of the Village of Buffalo Grove The following committees, commissions and boards have been authorized as of January 1, 2010: Appointed: Arts Commission Board of Fire & Police Commissioners Board of Health Buffalo Grove Days Committee Commission for Residents with Disabilities Community Blood Donor Commission Electrical Commission Emergency Management Commission Ethics Commission Firefighter's Pension Fund Board Foreign Fire Insurance Tax Board Plan Commission Police Pension Fund Board Zoning Board of Appeals Elected: Village President and Board of Trustees Members of appointed Village committees, commissions and boards are appointed by the Village President by and with the advice and consent of the Board of Trustees. Appointments shall be for a one -, two- or three -year term to run from May 1" to the appropriate April 30 . An appointment hereunder shall not exceed the full term to which the Village President has been elected. The members of all Village committees, commissions and boards are available at the Village Clerk's office. 01/12/10 Exhibit D Village of Buffalo Grove Freedom of Information Request Requestor's name: Address: Phone: Description of requested records (be specific as possible): Reason for request (optional): Please indicate if you wish to inspect the above captioned records or desire a copy of them: Inspection Copy Both Is the request for commercial purposes? Yes or No If fees are due, do you request a waiver? Yes or No/Reason for Waiver: Do you wish to have copies certified? Yes or No Signature of Requestor Please note that fees may be due for the copying. Please refer to Village Freedom of Information Act Procedure (FOR OFFICE USE ONLY) Date received: Number of Copies Made: Time received: Amount Received: Date response due: Name & Department of person receiving request: Denial of Request: Date Letter Sent: Sent to: Building & Zoning Planning Fire Department Finance Health Department Police Public Works OVM FOIA Officer/Designee: Date: How Complied With: Signature of Department Head: Date completed or denied: RETURN ORIGNAL REQUEST TO VILLAGE CLERK'S OFFICE 01/12/10 Exhibit E EXTENSION NOTIFICATION LETTER date TO: Re: Illinois Freedom of Information Act Request Dear: On , 20 , you made a written request to the Village of Buffalo Grove, Illinois pursuant to the above mentioned Act. Under the Act, the Village may extend the time to respond to a Request by up to five (5) business days (5 ILCS 140 /3(e)). This letter is to advise you that there has been a delay in fulfilling your request for the following reason(s): O The requested records are stored in whole or in part at other locations than the office having charge of the requested records. O The request requires the collection of a substantial number of specified records. () The request is couched in categorical terms and requires an extensive search for the records responsive to it. () The requested records have not been located in the course of routine search and additional efforts are being made to locate them. O The requested records require examination and evaluation by personnel having necessary competence and discretion to determine if they are exempt from disclosure under Section 140/3 (g), Section 140/7 or Section 140/7.5 of the Act or should be revealed only with appropriate redactions. O The request for records cannot be compiled with by the public body within the time limits prescribed by Paragraph 140/3(d) of the Act. () The request for records cannot be complied with in that it is believe to be unduly burdensome or interfering with the operations of the public body without consideration of an attempt to reduce the request in a way that is manageable- Section 140/7 (g) of the Act. () There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of the public body having a substantial interest in the determination or in the subject matter of the request. O The information requested may result in an unwarranted invasion of personal privacy (5 II.,CS 140/7(1)(c)) or the information may fall into the exemption for preliminary policy drafts (5 ILCS 140/7(1)(f)). The Village has requested an opinion from the PAC asserting either of the exemptions and awaits the opinion from the PAC. The records that you have requested will be made available to you or denied to you by , 20 Sincerely, Village of Buffalo Grove (By) 01/12/10 Exhibit F APPROVAL OF REQUEST FOR PUBLIC RECORDS date TO: Re: Illinois Freedom of Information Act Request Dear: Description of Requested Records: Your request dated 20 for the above captioned records has been approved. () The documents you requested are enclosed. O The documents will be made available upon payment of copying costs in the amount of $ . Please remit by check or money order, payable to the Village of Buffalo Grove for this amount. () You may inspect the records at: On: .20 01/12/10 Sincerely, Village of Buffalo Grove (By) Exhibit G SECTION 140/3 (g) OF ILLINOIS FREEDOM OF INFORMATION ACT UNDULY BURDENSOME EXTENSION NOTIFICATION LETTER (date) TO: Re: Illinois Freedom of Information Act Request Dear: On , 20 , you made a written request to the Village of Buffalo Grove, Illinois, pursuant to the above mentioned Act. Your request is for all records falling within a category. Pursuant to Section 140/3 (g) of said Act, the Village hereby extends to you an opportunity to confer with it in an attempt to reduce your request to manageable proportions. Please contact at 847- , so an appointment can be made for a conference. Sincerely, Village of Buffalo Grove (By) 01/12/10 Exhibit H LETTER OF DENIAL (date) TO: Re: Illinois Freedom of Information Act Request Dear: On , 20_, you made a written request to the Village of Buffalo Grove, Illinois, pursuant to the above mentioned Act. This letter is to advise you of the Village's decision to deny your request. The reason(s) for said denial, which includes the specific statutory exemption(s), are as follows: Mr/Ms. of the Village is the person responsible for this denial. (name) (title /position) You are hereby notified of your right have this decision reviewed by the Office of Public Access Counselor located at the Office of Attorney General for the State of Illinois. That Office is located at: Public Access Counselor Office of the Attorney General 500 South 2nd Street Springfield, Illinois 62706 Fax: 217- 782 -1396 The phone number is 217 -558 -0486. The use of email is also allowed for at: publicaccess@atg.state.il.us. In addition, you have a right for judicial review of this denial as set forth in Section 140/11 of the Illinois Freedom of Information Act by filing a lawsuit in the State circuit court. If you choose to file a Request with the Public Access Counselor, you must do so in writing, within 60 calendar days after the above date of this denial (5 ILCS 140/9.5 (a)). The request for review must include a copy of the original and any amended requests for access to public records along with any responses received from the Village, including this denial letter. Sincerely, Village of Buffalo Grove 01/12/10 Exhibit I LETTER OF PARTIAL DENIAL (date) TO: Re: Illinois Freedom of Information Act Request Dear: The enclosed record(s) are in response to your I 20_ written request to the Village of Buffalo Grove, Illinois, pursuant to the above mentioned Act. Portions of the enclosed record(s) have been partially denied and/or redacted pursuant to the following exemptions set forth in the Freedom of Information Act: Mr/Ms. of the Village is the person responsible for this partial denial and /or redaction. (name) (title /position) In keeping with the copying fees allowed by the Act (5 ILCS 140/6(b)), the cost of copies is $ Please send a check or money order, payable to the Village of Buffalo Grove for this amount. You are hereby notified of your right have this decision reviewed by the Office of Public Access Counselor located at the Office of Attorney General for the State of Illinois. That Office is located at: Public Access Counselor Office of the Attorney General 500 South 2nd Street Springfield, Illinois 62706 Fax: 217- 782 -1396 The phone number is 217 -558 -0486. The use of email is also allowed for at: publicaccessgatg. state. il.us. In addition, you have a right for judicial review of this denial by filing a lawsuit in the State circuit court as set forth in Section 140/11 of the Act. Such request for review must be filed in writing, within 60 calendar days of the above date of this denial. The request for review must include a copy of the original and any amended requests for access to public records along with any responses received from the Village, including this partial denial. Sincerely, Village of Buffalo Grove DO 01/12/10 Exhibit J REQUESTS FOR CONCH ERCIAL PURPOSES (date) TO: Re: Illinois Freedom of Information Act Request Dear: On ' 20 , you made a written request to the Village of Buffalo Grove, Illinois pursuant to the above mentioned Act, specifically for records to be used for commercial purposes. As required per 5 ILCS 140/3.1 of the Act, please note the following: Based upon the nature of the request, we estimate that the records requested will be available on and further, estimate that the fees that will be due, which must be paid in full before the Village will begin copying the requested documents, will be . Any additional fees due will be invoiced. Any fees paid in excess of the actual costs incurred will be refunded. Please note that if the Village believes that the request should be denied, based upon the exemptions provided for within the Act, a separate letter will be sent to your attention. Also, if the request is believed to be "unduly burdensome ", again as provided for within the Act, that too will be communicated via separate letter. Please note that it is a violation of the Illinois Freedom of Information Act for any person to knowingly obtain a public record for a commercial purpose without having disclosed that such a request is for a commercial purpose, if that fact has been requested by the Village. Sincerely, Village of Buffalo Grove I: 01/12/10