PAC Determination Letter Index
 Share
The version of the browser you are using is no longer supported. Please upgrade to a supported browser.Dismiss

 
View only
 
 
Still loading...
ABCDEFGHIJKLMNOPQRSTUV
1
Request for Review NumberDate Issued ActAttorneyPublic BodyTypePublic Body NameDisposition/OutcomeIssueFOIA/OMA Statute CitedPrinciplePrecedentOther Statutes
2
102897/23/2012FOIATola SobitanMunicipalityGrafton TownshipOrdered to furnishbank statements5 ILCS 140/7.1(m)A Township's assertion that certain information, contained in withheld records, will need to be redacted to prevent fraud and protect the privacy of certain individuals is insufficient to satisfy the Township's burden of demonstrating that compliance with the request would be unduly burdensome or that the burden of compliance outweights the public interest in disclosure.Southern Illinoisan v. Illinois Dept. of Publich Health, 218 Illinois 2d 390, 415 (2006); National Ass'n of Criminal Defense Lawyers v. Chicago Police Dept., 399 Illinois App. 3d 1, 17 (1st Dist. 2010)
3
102897/23/2012FOIATola SobitanMunicipalityGrafton TownshipOrdered to furnishunduly burdensome request5 ILCS 140/7.1(n)A public body must provide a requester with an opportunity to narrow a request before denying that request as unduly burdensome.Southern Illinoisan v. Illinois Dept. of Publich Health, 218 Illinois 2d 390, 415 (2006); National Ass'n of Criminal Defense Lawyers v. Chicago Police Dept., 399 Illinois App. 3d 1, 17 (1st Dist. 2010)
4
115282/6/2013FOIASebek, Matthew M.PoliceMcHenry County SheriffDenied.Personal bank statements.5 ILCS 140/7.1(a)Personal financial information is classified by section 2(c-5) as private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.
5
115282/6/2013FOIASebek, Matthew M.PoliceMcHenry County SheriffDenied.Suicide letters.5 ILCS 140/7.1(b)The requested letters are deemed to be personal information. The FOIA Act specifically exempts from disclosure records containing unsuppressed personal information.
6
116442/8/2013FOIASebek, Matthew M.HealthIllinois Department of Public HealthDenied.Laboratory test results of blood samples from a lead-poisoning investigation.5 ILCS 140/3(g)Laboratory test results of blood samples in a lead-poisoning investigation are exempt from disclosure under the Lead Poisoning Prevention Act and the Code of Civil Procedure. Information used in the course of medical study for the purpose of reducing morbidity or mortality shall be privileged and strictly confidential.PAC 17224 (2012); PAC 15292 (2011)410 ILCS 45/7; 735 ILCS 5/8-2105
7
116442/8/2013FOIASebek, Matthew M.HealthIllinois Department of Public HealthOrdered to furnish.Lead poisoning investigation records other than laboratory test results of blood samples.5 ILCS 140/3(d)The plain language of section 7 of the Lead Poisoning Prevention Act limits the confidentiality provisions of section 8-2101 of the Code of Civil Procedure to "reports" of lead poisoning submitted to the Department by doctors, nurses, hospital administrators and public health officers. The records requested are not such “reports” and are not exempt from disclosure.PAC 17224 (2012); PAC 18019 (2012)410 ILCS 45/7; 735 ILCS 5/8-2101; 735 ILCS 5/8-2102
8
134417/30/2012FOIASteve SilvermanPrisonIllinois Department of CorrectionsOrdered to furnishwitness statements and investigative reports5 ILCS 140/7(1)(a)Public body must carry its burden of showing that FOIA exemption applies
9
134417/30/2012FOIASteve SilvermanPrisonIllinois Department of CorrectionsOrdered to furnishwitness statements and investigative reports5 ILCS 140/7(1)(a)Public body must carry its burden of showing that FOIA exemption applies
10
134417/30/2012FOIASteve SilvermanPrisonIllinois Department of CorrectionsOrdered to furnishwitness statements and investigative reports5 ILCS 140/7(1)(a)Public body must carry its burden of showing that FOIA exemption appliesIllinois Att'y Gen. PAC Req. Rev. Ltr. 11179, issued June 14, 2011; see also 2011 PAC 11912 (Illinois Att'y Gen. PAC Req. Rev. Ltr. 11912, issued March 8, 2012).
11
137417/5/2012FOIARebecca RiddickSchoolShiloh Village School District #85Ordered to furnishschool student records5 ILCS 140/7(1)(a)IEP records and Student Suspension Information that redact all individual identifying information are not exempt from disclosure under FOIASouthern Illinoisan v. Illinois Dept. of Public Health, 218 Illinois 2d 390, 415 (2006); Illinois Att'y Gen. PAC Req. Rev. Ltr. 9308; Illinois Att'y Gen. PAC Rev. Ltr. 16635; Ill Att'y Gen. PAC Req. Rev. Ltr. 17575; Bowie v. Evanstan Community Consolidated School District No. 65, 128 Illinois 2d 373 (1989); Human Rights Authority of the State of Illinois Guardianship and Advocacy Commission v. Miller, 124 Illinois App. 3d 701 (3rd Dist. 1984)105 ILCS 10/2(d); 105 ILCS 10/6(a)
12
137417/5/2012FOIARebecca RiddickSchoolShiloh Village School District #85Ordered to furnishschool student records5 ILCS 140/7(1)(a)Records relating to visits by the Superintendent to the Pathways School are not school student records under section 2(d) of ISSRA, and are therefore not exempt from disclosure under FOIASouthern Illinoisan v. Illinois Dept. of Public Health, 218 Illinois 2d 390, 415 (2006); Illinois Att'y Gen. PAC Req. Rev. Ltr. 9308; Illinois Att'y Gen. PAC Rev. Ltr. 16635; Ill Att'y Gen. PAC Req. Rev. Ltr. 17575; Bowie v. Evanstan Community Consolidated School District No. 65, 128 Illinois 2d 373 (1989); Human Rights Authority of the State of Illinois Guardianship and Advocacy Commission v. Miller, 124 Illinois App. 3d 701 (3rd Dist. 1984)105 ILCS 10/2(d); 105 ILCS 10/6(a)
13
137437/12/2012FOIARebecca RiddickSchoolCentral School District No. 104Ordered to furnishschool student records5 ILCS 140/7.5(r)IEP records and Student Suspension Information that redact all individual identifying information are not exempt from disclosure under FOIASouthern Illinoisan v. Illinois Dept. of Public Health, 218 Illinois 2d 390, 415 (2006); Illinois Att'y Gen. PAC Req. Rev. Ltr. 9308; Illinois Att'y Gen. PAC Rev. Ltr. 16635; Ill Att'y Gen. PAC Req. Rev. Ltr. 17575; Bowie v. Evanstan Community Consolidated School District No. 65, 128 Illinois 2d 373 (1989); Human Rights Authority of the State of Illinois Guardianship and Advocacy Commission v. Miller, 124 Illinois App. 3d 701 (3rd Dist. 1984); Chicago Tribune Co. v. Chicago Public Schools, 332 IllinoisApp. 3d 60 (1st Dist. 2002).105 ILCS 10/2(d); 105 ILCS 10/6(a); 5 ILCS 140/7(1)(b)(i) (West 1998)
14
137447/12/2012FOIARebecca RiddickSchoolPontiac- William Holliday School District 105Ordered to furnishschool student records5 ILCS 140/7(1)(a)Only portions of school student records that identify individual students are prohibited from disclsoure under Section 6(a) of ISSRA, and therefor exempt from FOIA; "masked" records must be disclosedSouthern Illinoisan v. Illinois Dept. of Public Health, 218 Illinois 2d 390, 415 (2006); Illinois Att'y Gen. PAC Req. Rev. Ltr. 9308; Illinois Att'y Gen. PAC Rev. Ltr. 16635; Ill Att'y Gen. PAC Req. Rev. Ltr. 17575; Bowie v. Evanstan Community Consolidated School District No. 65, 128 Illinois 2d 373 (1989); Human Rights Authority of the State of Illinois Guardianship and Advocacy Commission v. Miller, 124 Illinois App. 3d 701 (3rd Dist. 1984)105 ILCS 10/2(d); 105 ILCS 10/6(a)
15
137497/13/2012FOIARebecca RiddickSchoolBelleville Public Schools District No. 118Ordered to furnishschool student records5 ILCS 140/7(1)(a)Public body must disclose copies of suspension letters, but may redact students names and other factual details by which a student may be individually identifiedSouthern Illinoisan v. Illinois Dept. of Public Health, 218 Illinois 2d 390, 415 (2006); Illinois Att'y Gen. PAC Req. Rev. Ltr. 9308; Illinois Att'y Gen. PAC Rev. Ltr. 16635; Ill Att'y Gen. PAC Req. Rev. Ltr. 17575; Bowie v. Evanstan Community Consolidated School District No. 65, 128 Illinois 2d 373 (1989); Human Rights Authority of the State of Illinois Guardianship and Advocacy Commission v. Miller, 124 Illinois App. 3d 701 (3rd Dist. 1984)105 ILCS 10/2(d); 105 ILCS 10/6(a)
16
137547/12/2012FOIARebecca RiddickSchoolSignal Hill School District No. 181Ordered to furnishschool student records5 ILCS 140/7.5(r)Letters, notices, emails, faxs, memos, or any other documents which indicate that any student did not receive the appropriate amount of counseling prescribed in the student's offical IEP program are not exempted from disclosure under FOIA as long as all identifying information is redacted.Southern Illinoisan v. Illinois Dept. of Public Health, 218 Illinois 2d 390, 415 (2006); Illinois Att'y Gen. PAC Req. Rev. Ltr. 9308; Illinois Att'y Gen. PAC Rev. Ltr. 16635; Ill Att'y Gen. PAC Req. Rev. Ltr. 17575; Bowie v. Evanstan Community Consolidated School District No. 65, 128 Illinois 2d 373 (1989); Human Rights Authority of the State of Illinois Guardianship and Advocacy Commission v. Miller, 124 Illinois App. 3d 701 (3rd Dist. 1984)105 ILCS 10/2(d); 105 ILCS 10/6(a)
17
137557/12/2012FOIARebecca RiddickSchoolBelleville Township High School District No. 201Ordered to furnishschool student records5 ILCS 140/7.5(r)Public body must disclose copies of suspension letters, but may redact students names and other factuatl details by which a student may be individually identified.Southern Illinoisan v. Illinois Dept. of Public Health, 218 Illinois 2d 390, 415 (2006); Illinois Att'y Gen. PAC Req. Rev. Ltr. 9308; Illinois Att'y Gen. PAC Rev. Ltr. 16635; Ill Att'y Gen. PAC Req. Rev. Ltr. 17575; Bowie v. Evanstan Community Consolidated School District No. 65, 128 Illinois 2d 373 (1989); Human Rights Authority of the State of Illinois Guardianship and Advocacy Commission v. Miller, 124 Illinois App. 3d 701 (3rd Dist. 1984)105 ILCS 10/2(d); 105 ILCS 10/6(a)
18
140107/12/2012FOIARebecca RiddickPoliceChicago Police DepartmentDeniedwitness information5 ILCS 140/7.5(q)Information is exempt from disclosure under section 7(1)(d)(iv) if that information would undeniably disclose the identify of a confidential source
19
140107/12/2012FOIARebecca RiddickPoliceChicago Police DepartmentOrdered to furnisharrest information5 ILCS 140/7.1(q)A public body must make a proper showing that information would interfere with pending or actually and reasonably contemplated law enforcement proceedings in order to withhold arrest information from release.2011 PAC 12493; 2011 PAC 6939
20
140107/12/2012FOIARebecca RiddickPoliceChicago Police DepartmentOrdered to furnishprivate information5 ILCS 140/7.5(k)Section 7(1)(b) may not be asserted to withhold individuals' dates of birth and work telephone numbers because such information is not defined as "private information" under section 2(c-5) of FOIA.Illinois Att'y Gen. PAC Pre-Auth. a116377, issued August 26, 2011; Illinois Att'y Gen. PAC Pre-Auth. a113495, issued April 18, 20115 ILCS 140/2(c-5)
21
140107/12/2012FOIARebecca RiddickPoliceChicago Police DepartmentOrdered to furnisharrest information5 ILCS 140/7.5(r)A public body must make a proper showing that information would endanger the life or phsyical safety of law enforcement personnel or any other person in order to withhold arrest information from disclosure
22
148137/6/2012FOIARebecca RiddickState's AttorneyCook County State's Attorney's OfficeOrdered to furnishcriminal case records5 ILCS 140/7.5(r)Supreme Court Rule 415(c) does not require an attorney to maintain exclusive custody of records that were obtained outside of discovery and previously tendered to a defendant's attorney in discovery, or that were also available for discovery durign a cariminal case. A public body must produce these types of records, because they do not violate 415(c) and are therefore not exempted from disclosure under Section 7(1)(a).Illinois Att'y Gen. PAC Req. Rev. Ltr. 12203; Illinois Att'y Gen. PAC Req. Rev. Ltr. 9540; Ill Att'y Gen. PAC Req. Rev. Ltr. 14131; Ill Att'y Gen. PAC Req. Rev. Ltr. 14704Supreme Court Rule 415 (c)
23
148137/6/2012FOIARebecca RiddickState's AttorneyCook County State's Attorney's OfficeOrdered to furnishseparation of powers doctrine5 ILCS 140/7.5(r)Requiring the State's Attorney's Office to comply with a records request does not impose a mandatory directive upon any judicial entity, and does not violate the separation of powers doctrine of the Illinois Constitution.Illinois Att'y Gen. PAC Req. Rev. Ltr. 12203; Illinois Att'y Gen. PAC Req. Rev. Ltr. 11090; Illinois Att'y Gen. PAC Req. Rev. Ltr. 12203Supreme Court Rule 415 (c); Illinois Constitution Article II, section 1
24
148137/6/2012FOIARebecca RiddickState's AttorneyCook County State's Attorney's OfficeOrdered to furnishunduly burdensome request5 ILCS 140/7.5(r)Prior to denying a request for records under section 3(g) of FOIA, a public body must provide the reqester with an opportunity to narrow his request.
25
165283/27/2013FOIASilverman. SteveState AgencyIllinois Dept. on AgingOrdered to furnish.Financial assistance given to a named individual.5 ILCS 140/1.2The Illinois Constitution declares that 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. The amount of financial assistance relates to the use of public funds and is, therefore a public record.Illinois Const. 1970, Art. VIII, §1(c)
26
165283/27/2013FOIASilverman. SteveState AgencyIllinois Dept. on AgingOrdered to furnish.Financial assistance given to a named individual.5 ILCS 140/2(a)The rendering of financial assistance by the Public Body is public business, and any records documenting that assistance pertain to the transaction of public business. Although portions of records pertaining to the transaction of public business which contain sensitive information may be exempt under Section 7 of FOIA, such records are nonetheless public records.
27
165283/27/2013FOIASilverman. SteveState AgencyIllinois Department on AgingOrdered to furnish.Financial assistance given to a named individual.5 ILCS 140/2(c)Certain provisions in the Illinois Administrative Code cited by the Public Body do not apply to these circumstances.2 Illinois Adm. Code 725.50; 89 Illinois Adm. Code 220.100; 89 Illinois Adm. Code 270.275
28
165283/27/2013FOIASilverman. SteveState AgencyIllinois Department on AgingOrdered to furnish.Financial assistance given to a named individual.5 ILCS 140/3(d)Records documenting the amount of financial assistance to an individual are not reports of elder abuse, neglect, financial exploitation, or self-neglect, and do not identify any individual who made made such a report, and so they are not exempt from inspection and copying under the the Illinois Elder Abuse and Neglect Act.320 ILCS 20/4(c); 320 ILCS 20/8
29
165283/27/2013FOIASilverman. SteveState AgencyIllinois Department on AgingOrdered to furnish.Financial assistance given to a named individual.5 ILCS 140/3(g)The Public Body can redact information that would identify an older person who is protected by confidentiality provisions of the Older Americans Act while disclosing the amount financial assistance provided to the named individual.42 USC §3030c-1
30
165283/27/2013FOIASilverman. SteveState AgencyIllinois Department on AgingOrdered to furnish.Financial assistance given to a named individual.5 ILCS 140/3(g)Confidentiality provisions protecting an “older person” contained in the Older Americans Act are irrelevant unless the person is asserted to be an older person.42 USC §3030c-1
31
165283/27/2013FOIASilverman. SteveState AgencyIllinois Departmenton AgingOrdered to furnish.Financial assistance given to a named individual.5 ILCS 140/7.1(c)Records documenting the amount of financial assistance to an individual are not “unique identifiers” with the scope of the definition of Private Information in FOIA.5 ILCS 140/2(c-5)
32
171167/30/2012FOIASarah L. PrattPoliceSt. Clair County Sheriff's DepartmentDenied private information5 ILCS 140/7(1)(f)The release of an individual's name in combination with health and medical treatment information constitutes a clearly unwarranted invasion of personal privacy; public body had properly withheld this information
33
171167/30/2012FOIASarah L. PrattPoliceSt. Clair County Sheriff's DepartmentOrdered to furnishbasic information5 ILCS 140/7(1)(f)Individual names are not exempt from a FOIA request; names are not private information, but are instead basic identification.
34
171647/5/2012FOIATola SobitanPrisonIllinois Department of CorrectionsDenieddisclosure of responsive documents5 ILCS 140/7(1)(d)(iv)Records that documented an inmate's transfer requests falls within the "evaluation and assignment reports and recommendations" category of information required in a master file, which is exempt from disclosure as a responsive document under FOIA
35
171647/5/2012FOIATola SobitanPrisonIllinois Department of CorrectionsDenieddocuments do not exist5 ILCS 140/7(1)(d)(vi)Public body's determination that it has no documents responsive to a FOIA request is a permissible basis for denying such a request
36
171797/3/2012FOIADushyanth ReddivariPoliceAurora Police DepartmentDeniedconfidential sources5 ILCS 140/7(1)(b)Names and business phone numbers of individuals is exempt for disclosure
37
171797/3/2012FOIADushyanth ReddivariPoliceAurora Police DepartmentDeniedprivate information5 ILCS 140/7(1)(b)Private information like home addresses, home or personal telephone numbers, social security numbers, drivers license numbers, and license plate information can be redacted
38
171797/3/2012FOIADushyanth ReddivariPoliceAurora Police DepartmentDenieddates of birth5 ILCS 140/7(1)(b)Disclosing dates of birth would be an unwarranted invasion of personal privacy, and a subject's right to privacy outweighs any legitimate public interest in disclosure of his or her date of birth
39
171797/3/2012FOIADushyanth ReddivariPoliceAurora Police DepartmentOrdered to furnishprivate information5 ILCS 140/7(1)(b)Age, race, and gender do not constitute "private information" and may not be redacted
40
172777/11/2012FOIAMatthew C. RoginaPoliceChicago Police DepartmentDeniedongoing police investigation5 ILCS 140/7(1)(d)(vi)Information that would interfere with pending or contemplated law enforcement proceedings is exempt from disclosure; police have the burden of showing how the records would interfere with investigations, which can be done on a confidential basis
41
172777/11/2012FOIAMatthew C. RoginaPoliceChicago Police DepartmentDeniedongoing police investigation5 ILCS 140/7(1)(e)Information that would obstruct an ongoing investigation is exempt from disclosure; police have the burden of showing how the records would interfere with investigations, which can be done on a confidential basis
42
172777/11/2012FOIAMatthew C. RoginaPoliceChicago Police DepartmentDeniedprivate information5 ILCS 140/7(1)(f)Private information does not need to be disclosed under FOIA
43
172777/11/2012FOIAMatthew C. RoginaPoliceChicago Police DepartmentDeniedwitness information5 ILCS 140/7(1)(f)Information that would unavoidably disclose the identity of a confidential source, confidential information provided by the source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies are exempt from disclosure
44
173496/29/2012OMAMatthew C. RoginaMunicipalityRoberts Park Fire Protection District Board of TrusteesOrdered to furnishvoting on non-agenda items5 ILCS 140/7(1)(b)Board's assertion that items not on the agenda were "customary" and not required to be placed in advance was not persuasive; matters involving the expenditure of public funds and require board action need to be placed on an agenda before a meeting is held
45
173927/2/2012FOIADushyanth ReddivariAgencyIllinois Environmental Protection AgencyDenieddeliberative material5 ILCS 140/7(1)(d)(i)Agency predecisional or deliberative material (draft reports, review notes, comments, enforcement recommendations, and internal memos/emails with opinions expressed by officials in formulating an action) are exempt from disclosure
46
173927/2/2012FOIADushyanth ReddivariAgencyIllinois Environmental Protection AgencyOrdered to furnishfactual and numerical data5 ILCS 140/7(1)(c)Though agency predecisional and deliberative material is exempted from disclosure, factual and numerical data does not fall under FOIA protection unless there is clear and convincing evidence that it is inextricably connected to the deliberative material
47
173987/2/2012FOIADushyanth ReddivariPrisonIllinois Department of CorrectionsRecords do not existcreation of new records5 ILCS 140/7(1)(c)A public body is not required to answer questions or compile statistics; FOIA only applies to public records that have already been prepared (such as specific, existing records)
48
174597/2/2012FOIADushyanth ReddivariPrisonIllinois Department of CorrectionsOrdered to furnishunduly burdensome requests5 ILCS 140/7(1)(d)(iv)An individual who asks for copies of grievance records pursuant to a FOIA request, and whose request is not a repeated request from the same person for the same records previously provided, is not an unduly burdensome requester, even if the individual had received the subject records through other means.
49
174967/17/2012FOIATola SobitanAgencyIllinois Department of Human RightsDenieddeliberative material5 ILCS 140/7(1)(d)(iv)Pre-decisional, deliberative process materials used to draw conclusions regarding underlying investigations are exempt from disclosure
50
174967/17/2012FOIATola SobitanAgencyIllinois Department of Human RightsDeniedpublicly cited materials5 ILCS 140/7(1)(d)(iv)Information that has not been publicly cited or identified by an agency director is exempt from disclosure
51
176277/5/2012FOIASteve SilvermanMunicipalityVillage of SparlandWithdrawresponding to request5 ILCS 140/7(1)(d)(iv)A public body must respond to a FOIA request within 5 business days of receipt of the request, but since the individual who filed the request is no longer seeking to inspect or copy the records, no further action was required.
52
183772/6/2013FOIARogina, Matthew C.SewerMetropolitan Water Reclamation District of GreaterChicagoDenied.Compensation study of the Public Body's nonrepresented employees.5 ILCS 140/7.1(c)The FOIA Act exempts from disclosure preliminary drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated. This exemption is intended to encourage frank and open discussion among agency employees before a decision is made. Under case law, a finished study may be exempt if it is used as a preliminary document in the decision-making process. The requested study meets that description and is therefore exempt.344 Illinois App. 3d 242, 247 (1st Dist. 2003); WL 704181 (N.D.Ill 1991); 186 F.Supp.2d 1147, 1153 (D.Or. 2001)
53
184123/25/2013FOIAReddivari, DushyanthPoliceDes Plaines (City) Police Dept.Ordered to furnish.Police reports for two cases scheduled to be tried at the next court date.5 ILCS 140/7.1(c)Mere commencement of an investigation or prosecution alone does not preclude the disclosure of law enforcement records. Rather, clear and convincing evidence must be provided as to how disclosure of such records would interfere with the proceedings. The Public Body has failed to meet its burden.PAC 6939 (2011); PAC 13661 (2011)
54
187833/8/2013FOIASilverman. SteveMunicipalityMatteson (Village)Denied.Results of an unsuccessful job applicant's medical, psychological and polygraph exams.5 ILCS 140/7.1(d)(i)The FOIA Act exempts from disclosure test questions, scoring keys, and other examination data used to determine the qualifications of an application for a license or employment. The requested examination results fall within the meaning of "other examination data."141 Illinois App. 3d 394, 398-99 (1st Dist. 1986); 395 Illinois App. 3d 762, 768 (1st Dist. 2009)
55
187833/8/2013FOIASilverman. SteveMunicipalityMatteson (Village)Ordered to furnish.Results of an unsuccessful job applicant's background check.5 ILCS 140/7.1(d)(iv)The Personnel Record Review Act restricts access to test documents and is not relevant to a request for the results of a background investigation.395 Illinois App. 3d 762, 768 (1st Dist. 2009)820 ILCS 40/10(b)
56
188835/3/2013FOIAHartman, Matthew S.Fire DistrictCarroll Fire Protection DistrictDenied.Minutes of a closed meeting.5 ILCS 140/7.1(c)The FOIA Act exempts from disclosure the minutes of closed meetings until those minutes are made available to the public pursuant to section 2.06(d) of OMA. The requested minutes are still confidential and have not been made public by the Public Body. The minutes are therefore exempt from disclosure.5 ILCS 120/2.06(d)
57
188835/3/2013FOIAHartman, Matthew S.Fire DistrictCarroll Fire Protection DistrictDismissed as filed too late.Deadline for filing Request for Review.5 ILCS 140/7.1(a)A request for review must be filed within 60 days after the alleged violation.5 ILCS 120/3.5(a)
58
188835/3/2013FOIAHartman, Matthew S.Fire DistrictCarroll Fire Protection DistrictDismissed as filed too late.New allegations during the review process.5 ILCS 140/7.1(f)In his answer to the Public Body's response, requester may not raise allegations outside the scope of his Request for Review.
59
188835/3/2013FOIAHartman, Matthew S.Fire DistrictCarroll Fire Protection DistrictOrdered to furnish.Notes taken during a closed meeting.5 ILCS 120/1Public Body did not assert a section 7 exemption for withholding records.
60
188835/3/2013FOIAHartman, Matthew S.Fire DistrictCarroll Fire Protection DistrictOrdered to furnish.Executive summary of a closed meeting.5 ILCS 120/2Public Body did not assert a section 7 exemption for withholding records.
61
188835/3/2013FOIAHartman, Matthew S.Fire DistrictCarroll Fire Protection DistrictOrdered to furnish.Approved minutes.5 ILCS 140/2(c)Approved minutes of a meeting held during the range of time requested must be considered responsive.
62
188835/3/2013FOIAHartman, Matthew S.Fire DistrictCarroll Fire Protection DistrictOrdered to furnish.Notes taken during a closed meeting.5 ILCS 140/3(g)Because it lacked a quorum, meeting did not qualify as a closed meeting.5 ILCS 120/1.02
63
188835/3/2013FOIAHartman, Matthew S.Fire DistrictCarroll Fire Protection DistrictOrdered to furnish.Executive summary of a closed meeting.5 ILCS 140/7.1(a)Because it lacked a quorum, meeting did not qualify as a closed meeting.5 ILCS 120/1.02
64
188835/3/2013FOIAHartman, Matthew S.Fire DistrictCarroll Fire Protection DistrictOrdered to furnish.Executive summary of a closed meeting.5 ILCS 140/7.1(c)Because it lacked a quorum, meeting did not qualify as a closed meeting.
65
1888811/8/2012FOIASilverman. SteveState's AttorneyCook County State's AttorneyOrdered to furnish.Record exempt from discovery.5 ILCS 140/2(c)A record that may be exempt from discovery is not automatically exempt from a demand under FOIA.677 F.2d 931,936 (D.C. Cir 1982)
66
1888811/8/2012FOIASilverman. SteveState's AttorneyCook County State's AttorneyOrdered to furnish.Party's FOIA request to State's Attorney was not made by her attorney.5 ILCS 140/7.1(a)A FOIA request is a different matter and is not a communication prohibited by Supreme Court Rule 4.2 as being with a person represented by counsel , even if the request pertains to the matter in controversy.Illinois Sup. Ct. Rule 4.2
67
1888811/8/2012FOIASilverman. SteveState's AttorneyCook County State's AttorneyOrdered to furnish.Party's FOIA request to State's Attorney was not made by her attorney.5 ILCS 140/7.1(a)The-State's Attorney's Office cannot decline to comply with a FOIA request simply because the requester-is a party to a matter in which the State's Attorney is involved and is represented by counsel. The State's Attorney is obligated by law to respond, but the requester is not obligated to submit-her request through her attorney.Illinois Sup. Ct. Rule 4.2
68
189293/1/2013FOIARogina, Matthew C.MunicipalityBenton (City)Denied.Unredacted billing records from a law firm.5 ILCS 140/7.1(c)Certain entries in a law firm's billing records may contain information that reveals the substance of confidential attorney-client discussions. Such information, but not the dollar amount, may be redacted.294 Illinois App. 3d 193, 201 (1st Dist. 1997); BOPAC 12-005
69
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedSocial Security numbers.5 ILCS 140/7.1(a)Social Security numbers are classified by section 2(c-5) as private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.
70
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedDriver's license numbers.5 ILCS 140/7.1(a)Driver's license numbers are classified by section 2(c-5) as private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.
71
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedPersonal license plate numbers.5 ILCS 140/7.1(a)Personal license plate numbers are classified by section 2(c-5) as private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.
72
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedSignatures.5 ILCS 140/7.1(a)Signatures are unique identifiers, and therefore a form of private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.PAC 9838 (2010)
73
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedFBI numbers.5 ILCS 140/7.1(a)FBI numbers, which are assigned by the Federal Bureau of Investigation to an arrest fingerprint record, are unique identifiers, and therefore a form of private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.
74
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedState criminal history identification (SID) numbers.5 ILCS 140/7.1(a)State criminal history identification (SID) numbers are unique identifiers, and therefore a form of private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.
75
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedDate of birth.5 ILCS 140/7.1(b)Date of birth is deemed to be personal information. The FOIA Act specifically exempts from disclosure records containing unsuppressed personal information unless disclosure is consented to in writing by the individual subjects of the information.PAC 15760 (2011)
76
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedMedical history.5 ILCS 140/7.1(b)Medical history is deemed to be personal information. The FOIA Act specifically exempts from disclosure records containing unsuppressed personal information unless disclosure is consented to in writing by the individual subjects of the information.PAC 9974 (2010)
77
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedEmergency contact information5 ILCS 140/7.1(b)Emergency contact information is deemed to be personal information. The FOIA Act specifically exempts from disclosure records containing unsuppressed personal information unless disclosure is consented to in writing by the individual subjects of the information.PAC 15823 (2011)
78
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedFiller persons in photographic lineups.5 ILCS 140/7.1(b)The name and photograph of a filler person (someone other than an arrestee) in a photographic lineup is deemed to be personal information. The FOIA Act specifically exempts from disclosure records containing unsuppressed personal information unless disclosure is consented to in writing by the individual subjects of the information.PAC 10235 (2011)
79
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.DeniedNames of individuals who have no involvement in the underlying incident.5 ILCS 140/7.1(b)Names of individuals who have no involvement in the underlying incident are deemed to be personal information. The FOIA Act specifically exempts from disclosure records containing unsuppressed personal information unless disclosure is consented to in writing by the individual subjects of the information.PAC 14713 (2011)
80
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.Denied.Personal telephone numbers.5 ILCS 140/7.1(a)Personal telephone numbers are classified by section 2(c-5) as private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.
81
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.Denied.Home addresses.5 ILCS 140/7.1(a)Home addresses are classified by section 2(c-5) as private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.
82
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.Ordered to furnish.Vehicle Identification Number5 ILCS 140/2(a)A vehicle identification number (VIN) is not private information under the FOIA Act. A VIN identifies a vehicle, not the owner of the vehicle.
83
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.Ordered to furnish.Name, generally.5 ILCS 140/2(a)A name, per se, is not private information under the section 2(c-5). Although names are unquestionably "personal information" in the sense that they are specific to particular persons, they are neither confidential nor unique. To the contrary, names are "basic information.” Where the legislature intended to exempt a person's identity from disclosure, it has done so explicitly. The legislature did not explicitly include names within the statutory definition of “private information.”176 Illinois 2D 401, 411 (1997); PAC 13610 (2011)
84
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.Ordered to furnish.Failure to justify redacting information.5 ILCS 140/7.1(m)The Public Body failed to offer any basis for additional information redacted from the requested records. By neither identifying relevant exemptions nor providing a detailed and factual basis for the applicability of those exemptions to these redactions, the Public Body violated section 9(b) of applicability of those exemptions to these redactions, the Public Body violated section 9(b) of FOIA.
85
189833/26/2013FOIAReddivari, DushyanthPolicePalatine (Village) Police Dept.Ordered to refund.Fees for copies.5 ILCS 140/2(c)A public body that fails to respond to a request within the requisite periods in this Section but thereafter provides the requester with copies of the requested public record may not impose a fee for such copies.
86
191023/11/2013FOIAReddivari, DushyanthMunicipalityArlington Heights (Village)Denied.Redactions of suspect's social security number, home phone number, and home address in an incident report.5 ILCS 140/7.1(a)The social security number, personal telephone number, and home address are private information exempt from disclosure under FOIA.
87
191023/11/2013FOIAReddivari, DushyanthMunicipalityArlington Heights (Village)Denied.Redactions of an unarrested and uncharged suspect's name and other unique identifiers in an incident report.5 ILCS 140/7.1(b)Disclosure of the name and other identifying information for a suspect who has been neither arrested nor charged with any criminal conduct would constitute a clearly unwarranted invasion of personal privacy. The FOIA Act specifically exempts from disclosure unsuppressed personal information, unless such disclosure is consented to in writing by the individual subjects of the information. Otherwise, the suspect's name, age, birth date, gender, race, height, weight, hair and eye color are exempt from disclosure.PAC 14013 (2011)
88
192587/2/2012FOIASarah KaplanMunicipality Sauk VillageDeniedjudgment payment5 ILCS 140/7(1)(f)Village already provided records responding to a request for the amount of a judgment payment.
89
194197/3/2012FOIADushyanth ReddivariState's AttorneyWhiteside County State's Attorney's OfficeOrdered to furnishplea offer5 ILCS 140/7(2)A plea offer is neither pre-decisional in nature nor part of the State's Attorney's deliberative process and is therefore not exempt. Harwood v. McDonough, 344 Ill. App. 3d 242, 247 (1st Dist. 2003)
90
205794/9/2013FOIAReddivari, DushyanthPoliceChicago (City) Police Dept.Denied.Contact information.5 ILCS 140/7.1(a)Home addresses and a personal telephone numbers are classified by section 2(c-5) as private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.PAC 16917 (2012)
91
205794/9/2013FOIAReddivari, DushyanthPoliceChicago (City) Police Dept.Denied.Vital statistics.5 ILCS 140/7.1(b)Birth dates, race, and medical information are deemed to be personal information. The FOIA Act specifically exempts from disclosure records containing unsuppressed personal information.PAC 18274 (2012)
92
205794/9/2013FOIAReddivari, DushyanthPoliceChicago (City) Police Dept.Denied.Complainant's relationship to a known person.5 ILCS 140/7.1(c)The relationship of a complainant to a known person would unavoidably identify the complainant. The FOIA Act specifically exempts from disclosure records containing the unsuppressed identity of a person who files a complaint.
93
2123011/15/2012FOIASilverman. SteveMunicipalityCicero (Town)DeniedRedacted home address5 ILCS 140/2(a)A home address is classified by section 2(c-5) as private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.
94
2123011/15/2012FOIASilverman. SteveMunicipalityCicero (Town)DeniedHome address.5 ILCS 140/7.1(b)A home address is classified by section 2(c-5) as private information. The FOIA Act specifically exempts from disclosure records containing unsuppressed private information.
95
212391/31/2012FOIARogina, Matthew C.PrisonIllinois Departmentof CorrectionsOrdered to furnish.Grievance filed by requesting employee.5 ILCS 140/7.1(c)This adjudication exemption applies to only investigative records that involve a formal arbitration hearing, civil service hearing, or other adjudicatory hearing in process.
96
2135511/14/2012FOIASilverman. SteveMunicipalityRomeoville (Village)DeniedPreliminary drafts.5 ILCS 140/7.1(c)By discussing the final version of a proposal, the head of a Public Body does not waive the Public Body's right to withhold the preliminary drafts and other pre-decisional records.344 Illinois App. 3D 242, 248 d(1st Dist. 2003)
97
2179211/30/2012FOIAReddivari, DushyanthCitizens Police AcademyCitizens Police Academy Alumni Association of SchaumburgDismissed for lack of jurisdiction.FOIA request to a Citizens Police Academy Alumni Association.5 ILCS 140/1.2FOIA applies to only public bodies. Organization has a legal existence independent of the government resolution, being an independently-chartered 501(c)(3) entity, funded solely by membership dues and corporate donations. Although organization stores records in a file cabinet at the police department and provides discrete volunteer service, the police department does not have access to it. The organization is not a subsidiary body of the Public Body, nor a Public Body.256 Illinois App. 3D 887, 897 (1st Dist. 1993)
98
2179211/30/2012FOIAReddivari, DushyanthMunicipalitySchaumburg (Village)Dismissed for lack of jurisdiction.Requester's own Citizens Police Academy personnel record.5 ILCS 140/1.2Any such records are created, maintained, and under the control of a private entity that is not a subsidiary body of the Public Body. FOIA does not apply to such an entity.256 Illinois App. 3D 887, 897 (1st Dist. 1993)
99
224631/29/2013FOIABoggs, Christopher R.PrisonIllinois Dept. of CorrectionsMoot.No responsive record was found.5 ILCS 140/1.2The Public Body reports it does not create or maintain such records. FOIA does not require a public body to create records where none previously existed, only to turn over those documents within its control.
100
225691/4/2013FOIARogina, Matthew C.PoliceScott County SheriffMoot.Maintenance records of Breathalyzer equipment.5 ILCS 140/2(c-5)The Public Body reports it does not create or maintain such records. FOIA does not require a public body to create records where none previously existed, only to turn over those documents within its control.
Loading...
 
 
 
2013 + 2012