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
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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
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5 ILCS 140/ Freedom of Information Act.
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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
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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
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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
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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).
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(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
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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
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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.
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(Source: P.A. 96 -542, eff. 1•- 1 -10.)
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(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
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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
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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
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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
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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.
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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.
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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
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"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
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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
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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
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140 Freedom of Information Act.
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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
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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
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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
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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
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1401 Freedom of Information Act.
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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
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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
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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
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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.
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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
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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
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ILCS140 / Freedom of Information Act.
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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
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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.
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(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
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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
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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
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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,
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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
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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
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ULUS 14U/ Freedom of information Act.
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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
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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.)
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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