PAC Determination Letter Index
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Request for Review NumberDate Issued ActAttorneyPublic BodyTypePublic Body NameDisposition/OutcomeIssueFOIA/OMA Statute CitedPrinciplePrecedentOther Statutes
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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.
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77422/14/2012FOIATola SobitanPrisonIllinois Department of CorrectionsDeniedprivate information5 ILCS 140/7(1)(g)Reports that are exempt from disclosure under 3-5-1(b) of UCC meet the burden of proving exemption under FOIA.730 ILCS 5/3-5-1(b); 730 ILCS 5/3-5-2
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173496/29/2012OMAMatthew C. RoginaMunicipality
Roberts Park Fire Protection District Board of Trustees
Ordered 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
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173987/2/2012FOIA
Dushyanth Reddivari
PrisonIllinois 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)
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173927/2/2012FOIA
Dushyanth Reddivari
AgencyIllinois 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
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173927/2/2012FOIA
Dushyanth Reddivari
AgencyIllinois 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
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174597/2/2012FOIA
Dushyanth Reddivari
PrisonIllinois 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.
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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.
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171797/3/2012FOIA
Dushyanth Reddivari
PoliceAurora Police DepartmentDeniedconfidential sources5 ILCS 140/7(1)(b)Names and business phone numbers of individuals is exempt for disclosure
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171797/3/2012FOIA
Dushyanth Reddivari
PoliceAurora 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
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171797/3/2012FOIA
Dushyanth Reddivari
PoliceAurora Police DepartmentOrdered to furnishprivate information5 ILCS 140/7(1)(b)Age, race, and gender do not constitute "private information" and may not be redacted
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171797/3/2012FOIA
Dushyanth Reddivari
PoliceAurora 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
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194197/3/2012FOIA
Dushyanth Reddivari
State'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)
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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 FOIA
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)
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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 FOIA
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)
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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.
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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
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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
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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. 14704
Supreme Court Rule 415 (c)
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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. 12203
Supreme Court Rule 415 (c); Illinois Constitution Article II, section 1
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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.
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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
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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
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172777/11/2012FOIAMatthew C. RoginaPoliceChicago Police DepartmentDeniedprivate information5 ILCS 140/7(1)(f)Private information does not need to be disclosed under FOIA
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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
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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
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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, 2011
5 ILCS 140/2(c-5)
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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
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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
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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 FOIA
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); 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)
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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)
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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)
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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 disclosed
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)
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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 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)
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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
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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
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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)
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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)
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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
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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
42
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
Illinois 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).
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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.
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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
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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)
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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
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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
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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)
49
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.
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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.
51
2179211/30/2012FOIA
Reddivari, Dushyanth
Citizens Police Academy
Citizens Police Academy Alumni Association of Schaumburg
Dismissed for lack of jurisdiction.
FOIA request to a Citizens Police Academy Alumni Association.5 ILCS 140/1.2
FOIA 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)
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2179211/30/2012FOIA
Reddivari, Dushyanth
MunicipalitySchaumburg (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)
53
2259512/31/2012FOIASilverman. SteveMunicipalityChicago (City) Aviation Dept.Moot.Contractor's certified payroll records.5 ILCS 120/2(c)(11)FOIA covers records in the possession of the public body, and when contract did not require contractor to file certified payroll records with the public body, and public body did not possess such records, no relief under FOIA is authorized.
54
226421/2/2013FOIASilverman. SteveState Agency
Illinois Department of Financial and Professional Regulation
DeniedInvestigation of a complaint against a physician.5 ILCS 140/3(b)The Illinois Medical Practices Act specifically exempts from disclosure information gathered during the investigation of a complaint against a physician.BOPAC 10-003; PAC 6772 (2010)225 ILCS 60/36
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226491/3/2013FOIARogina, Matthew C.PoliceCarbondale (City) Police Dept.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.
56
227021/4/2013FOIASobitan, TolaPoliceChicago (City) Police Dept.Moot.No such crime scene photos from 1983 were found.5 ILCS 140/1.2Public body's determination that it has no records responsive to request is a permissible basis for denying such a request, and not one that relies directly upon a section 7 exemption.
57
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.
58
226681/7/2013FOIARogina, Matthew C.PoliceChicago (City) Police Dept.DeniedWitness statements of named persons.5 ILCS 140/7.1(c)The FOIA Act specifically exempts from disclosure the unsuppressed identities of persons (except witnesses to certain traffic or rescue events) who provide information to law enforcement and certain other agencies.
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227481/10/2013FOIASobitan, TolaPrisonIllinois Dept. of CorrectionsMoot.Request submitted to wrong public body.5 ILCS 120/2(c)(11)There is no issue needing review when request was submitted to the wrong public body.
60
227481/10/2013FOIASobitan, TolaPrisonIllinois Dept. of CorrectionsMoot.List of members of a different public body.5 ILCS 140/1FOIA does not require a public body to create records where none previously existed, only to turn over those documents within its control.
61
228411/15/2013FOIARogina, Matthew C.CoronerCook County Medical ExaminerDeniedAutopsy photographs.5 ILCS 140/7.1(b)Family members have a personal privacy interest with respect to post-mortem photographs.BOPAC 10-003; PAC 8890 (2010); PAC 9217 (2010)
62
227371/17/2013FOIA
Boggs, Christopher R.
PrisonIllinois Department of CorrectionsMoot.Logs of prisoner's incoming mail.5 ILCS 140/2(c)Prisoner's general assertion of incoming mail being withheld, without identifying specific dates, was answered when the public body supplied him with the logs of his incoming and outgoing mail that he had requested.
63
228081/18/2013FOIA
Boggs, Christopher R.
PoliceRock Island (City) Police Dept.DeniedName of owner of motor vehicle.5 ILCS 140/7.1(d)(iv)Driver identification information compiled by any law enforcement agency when required by the Traffic Stop Statistical Study (scheduled to expire on July 1, 2019) is exempt from disclosure.625 ILCS 5/11-212(f)
64
227671/18/2013FOIARogina, Matthew C.PoliceRockford (City) Police Dept.Agreed to furnish.Police report.5 ILCS 140/7.1(f)Responsive records were furnished after appeal to PAC.
65
229921/23/2013FOIARogina, Matthew C.State's AttorneyChristian County State's AttorneyDeniedGrand Jury transcripts.5 ILCS 140/7.1(a)The Illinois Criminal Code specifically exempts from disclosure grand jury transcripts.725ILCS5/112-6
66
230061/23/2013FOIARogina, Matthew C.State's AttorneyCook County State's AttorneyDeniedGrand Jury transcripts.5 ILCS 140/7.1(a)The Illinois Criminal Code specifically exempts from disclosure grand jury transcripts.725ILCS5/112-6
67
229601/25/2013FOIARogina, Matthew C.State's AttorneyLivingston County State's AttorneyDeniedGrand Jury transcripts.5 ILCS 140/7.1(a)The Illinois Criminal Code specifically exempts from disclosure grand jury transcripts.725ILCS5/112-6
68
224631/29/2013FOIA
Boggs, 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.
69
230411/29/2013FOIARogina, Matthew C.State's AttorneyWill County State's AttorneyDeniedGrand Jury transcripts.5 ILCS 140/7.1(a)The Illinois Criminal Code specifically exempts from disclosure grand jury transcripts.725ILCS5/112-6
70
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.
71
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.
72
183772/6/2013FOIARogina, Matthew C.Sewer
Metropolitan Water Reclamation District of GreaterChicago
Denied.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)
73
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
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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
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232642/28/2013FOIASilverman. SteveBankMB Financial Bank
Dismissed for lack of jurisdiction.
FOIA request to a bank.5 ILCS 140/1.2FOIA applies to only public bodies.
76
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
77
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)
78
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)
79
236623/11/2013FOIASilverman. SteveCourtIllinois Supreme Court
Dismissed for lack of jurisdiction.
Pleadings in a case.5 ILCS 140/2(a)FOIA does not list the judicial branch or its agents among the public bodies subject to FOIA. The General Assembly's intent was to exclude the judiciary from the disclosure requirements of FOIA. FOIA is not the vehicle to use to obtain copies of such records.394 Illinois App. 3d 602 (1st Dist. 2009); 271 Illinois App. 3d 548 (2d Dist. 1995)
80
191023/11/2013FOIA
Reddivari, Dushyanth
MunicipalityArlington 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.
81
191023/11/2013FOIA
Reddivari, Dushyanth
MunicipalityArlington 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)
82
235843/12/2013FOIARogina, Matthew C.CourtWill County
Dismissed for lack of jurisdiction.
Transcript and other materials in a court case.5 ILCS 140/1.2The Will County Judicial Circuit is an agency of the judicial branch. FOIA does not list the judicial branch or its agents among the public bodies subject to FOIA. The General Assembly's intent was to exclude the judiciary from the disclosure requirements of FOIA. FOIA is not the vehicle to use to obtain copies of such records.394 Illinois App. 3d 602 (1st Dist. 2009); 271 Illinois App. 3d 548 (2d Dist. 1995)
83
235143/12/2013FOIA
Boggs, Christopher R.
PrisonIllinois Departmentof CorrectionsDenied.Internal audits.5 ILCS 140/7.1(c)The FOIA Act specifically exempts materials prepared or compiled with respect to internal audits of public bodies.
84
236173/14/2013FOIALavine, LindsayCourtWhiteside County Court Services
Dismissed for lack of jurisdiction.
Probation reports, driving records, victim medical records, victim impact statements.5 ILCS 140/2.5The Court Services Dept. is part of the judicial branch; FOIA does not list the judicial branch or its agents among the public bodies subject to FOIA. The General Assembly's intent was to exclude the judiciary from the disclosure requirements of FOIA. FOIA is not the vehicle to use to obtain copies of such records.394 Illinois App. 3d 602 (1st Dist. 2009); 271 Illinois App. 3d 548 (2d Dist 1995)
85
229683/14/2013FOIAWest, Shari L.PoliceLockport (City) Police Dept.Denied.Police reports not leading to an arrest or filing of charges.5 ILCS 140/7.1(b)Reports concerning allegations of criminal conduct that do not lead to an arrest or filing of charges can be withheld in their entirety.607 F. Supp. 2d 15, 23 (D.D.C. 2009); Illinois Att'y Gen. PAC Pre-Auth. al9687, Ocober 18, 2010
86
237363/22/2013FOIASobitan, TolaPrisonIllinois Dept. of CorrectionsDeniedQuestions ignored.5 ILCS 140/1FOIA does not require a public body to answer questions in response to a request.184 Illinois App. 3d 28, 32 (4th Dist. 1989)
87
184123/25/2013FOIA
Reddivari, Dushyanth
PoliceDes 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)
88
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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.
89
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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)
90
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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.
91
230843/26/2013FOIASilverman. SteveSchoolMaine Township High School District 207Denied.Child abuse complaint disclosure to the news media.5 ILCS 140/3(d)The Abused and Neglected Child Reporting Act specifically exempts from disclosure all records concerning reports of child abuse, except to certain entities and individuals. The news media is not listed as an excepted entity.254 Illinois App. 3d 14, 22 (2nd Dist. 1993)325 ILCS 5/11; 325 ILCS 5/9
92
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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.
93
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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.
94
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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.
95
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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.
96
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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.
97
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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)
98
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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.
99
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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.
100
189833/26/2013FOIA
Reddivari, Dushyanth
PolicePalatine (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)
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