HomeMy WebLinkAboutRESOLUTION - 63-09 - 12/8/2009 - FREEDOM OF INFORMATION ACT RESOLUTION NO. 63-09
A RESOLUTION AMENDING RESOLUTION NO. 80-84 AND RESOLUTION NO. 53-86
AND APPROVING AND AUTHORIZING REVISED RULES AND REGULATIONS UNDER
THE FREEDOM OF INFORMATION ACT
WHEREAS, it is the policy of the Village of Elk Grove Village that all persons are entitled
to full and complete information regarding the affairs of the Village of Elk Grove Village and the
official acts and policies of Village officials and public employees, consistent with applicable
provisions of law; and
WHEREAS, the Village of Elk Grove Village recognizes that access to information is
necessary and desirable to enable citizens to fulfill their obligations in discussing public issues
fully and freely and making informed judgments; and
WHEREAS, Public Act 96-0542 which amends the Freedom of Information Act becomes
effective on January 1, 2010;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village
of Elk Grove Village, Cook and DuPage Counties, Illinois as follows:
Section 1: That the purpose of this Resolution is to fully comply with the provisions of
the Illinois Freedom of Information Act, Public Act 96-0542.
Section 2: The definitions contained in said Illinois Freedom of Information Act are
hereby adopted for the purpose of this Resolution.
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Section 3: There is hereby established revised "Rules and Regulations" in accordance
with the Freedom of Information Act, a copy of which are attached hereto and by this reference
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incorporated herein.
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Section 4: That the Village Clerk is hereby designated as the Freedom of Information
Officer of the Village under and pursuant to Section 3.5 of the Freedom of Information Act and
the revised Freedom of Information Rules and Regulations.
Section 5: That this Resolution shall be in full force and effect from and after its passage
and approval pursuant to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 8th day of December 2009.
APPROVED this 8th day of December 2009.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
FOIAres2009
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Village of Elk Grove Village
Rules & Regulations in Accordance with the Freedom of Information Act
REVISED JANUARY 1, 2010
Introduction
The Illinois Freedom of Information Act, as supplemented and amended since its effective date
of July 1, 1984, requires all public bodies in the state to make non-exempt public records
available for inspection and copying. The Village of Elk Grove Village strives to comply with this
law and endorses the concept that all persons are entitled to full, accurate and complete
information regarding the affairs of the Village and the official acts and policies adopted by
Village officials and public employees. In determining the parameters of public access to
information, the Village of Elk Grove Village also understands its obligations to protect
legitimate privacy interests and maintain the efficiency of its administrative operations.
In accordance with Public Act 96-0542 amending the Freedom of Information Act, which
becomes effective on January 1, 2010, the Village of Elk Grove Village has compiled-the
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following Freedom of Information Rules & Regulations. !
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Section 1 Procedures for the Request of Inspection or Copying of Records
Requests for the inspection and copying of non-exempt public records pursuant to FOIA
may be made in person at the Village Clerk's Office, Charles J. Zettek Municipal Building, 901
Wellington Avenue, Mondays through Fridays, between the hours of 8:30 a.m. and 5:00 p.m.,
except on holidays.
The Village of Elk Grove Village shall also accept FOIA requests received via facsimile,
electronic mail and through the United States mail. The Village is only responsible for
responding to requests that it actually receives and is not responsible for transmission or
delivery errors for FOIA requests that are submitted through these alternative means. Any
requests received by the Village after normal business hours shall be considered received on
the following business day.
All requests.for public records must be made in writing, preferably upon a Village of Elk
Grove Freedom of Information Request Form. If a requesting party is unable to obtain one of
these forms, the Village will accept any legible written request, provided that such written_
request is clearly and concisely stated and contains the name, address and telephone number
of the requestor.
To ensure that each FOIA request is acted upon in a complete and timely fashion, the
requestor should ensure that the public record being sought is clearly identified in his/her
request. Requestors should provide as much known information about the requested record as
possible (e.g. type of record, approximate date of record, department where record may be
located, etc.). The request should indicate whether the records are to be inspected, copied,
and/or certified. The Village of Elk Grove Village is not obligated to respond to requests that
are overly broad or that would place an undue burden upon its operations; nor is the Village
obligated to interpret or advise requestors as to the meaning or significance of public records
that may be provided.
If the request is being made for a commercial purpose, the requestor must disclose that
fact to the Village at the time the request is made. It is a violation of the Act to knowingly
obtain a public record for a commercial purpose without such disclosure.
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Section 2 Fee Schedule
Pursuant to 51LCS 140/6, the Village of Elk Grove Village is given the authority to charge
reasonable fees for the duplication and/or certification of public records produced in
compliance with FOIA requests. The Freedom of Information Officer is given the authority to
grant a waiver or reduction of fees for copying records if the requestor's stated purpose is to
obtain information regarding the health, safety and welfare of the general public and is not for
the principal purpose of personal or commercial benefit. In determining the amount of any i
such waiver or fee reduction, the Village will also consider the number of records requested
and the actual costs of copying.
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For each request form filed, Requestors shall be furnished with the first fifty (50) pages
of standard, black and white copies at no charge. Fees will not be waived for the first fifty (50)
pages of colored copies or copies exceeding 11" x 14" in area, unless a waiver or fee reduction
is granted by the Freedom of Information Officer as a means of furthering the public interest.
Unless otherwise waived, copying fees must be paid in advance of the records being
made available to the requestor. Fees are as follows:
8.5" x 11" documents $0.15/page
8.5" x 14" documents $0.15/page
11" x 14" documents $0.15/page
Audio Tape: $5.00/unit
Compact Disk: $5.00/unit
DVD $5.00/unit
Microfilm: $1.00/page
Certification: $1.00/document
Accident Reports $5.00/report
Fees to copy blueprints, oversized documents, pamphlets, manuals and any other
records shall be $5.00 per page or the actual costs incurred by the Village by an outside service
whichever is greater. Information regarding these fees will be provided to the requestor before
copying. Additional fees for traffic accident records may apply, as allowable by law.
Section 3 Village Response to Requests for Inspection or Copying of Records
In accordance with the law, the Village of Elk Grove Village will respond to all non-
commercial requests upon five (5) working days of.receipt. Responses will be provided to any
commercial requests upon twenty-one (21) working days of receipt. A working day is 8:30 a.m.
to 5:00 p.m. Monday thru Friday excluding the following holidays: New Years Day, Presidents
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the day after Thanksgiving,
Christmas Eve, Christmas Day and New Years Eve. In processing requests for information made
under the Act, the Village shall give priority first to any non-commercial requests pending
before it. The Village will respond in one of the following methods:
A. Approval of Request
If the requested records are available and determined to be non-exempt, the Village
will advise the requestor of the documents which are available and the cost to copy the
records. For commercial requests,the Village response will include an estimate of the
time required to locate and compile the records requested, as well as the estimated
fees to be assessed to the requestor.
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if the requestor has asked to inspect the documents, the Village will provide the
requestor with notice of a time and location in which the records will be made available
for inspection. Any inspection of public records will be conducted during normal
business hours at the Charles J. Zettek Municipal Building, unless another location is
otherwise agreed upon by the Village and the requesting party. The Village may require
that an officer or employee of the Village be present during any inspection of public
records. A requestor may also be prohibited from bringing bags, brief cases, or other
containers into the room in which the inspection takes place. Documents made
available for inspection will be held for fourteen (14) working days from the date of the
Village's response and, thereafter, will be re-filed.
Fees for copies of records, unless waived, must be paid in advance. All copying of
documents shall be done by an employee or designated representative of the Village of
Elk Grove. Upon request, the Village will mail copies of public records to the requestor
assuming all necessary fees have been paid.
B. Notice of Extension
The Freedom of Information Act allows the Village to provide notice of an extension of
time for response to a request. This time period shall not exceed an additional five (5)
working days, or a total of ten (10) working days from the receipt of the original request.
Any notice of extension will cite the reason why the extension is necessary. The Village
Clerk shall then send written notice of extension to the requestor, stating the reasons
for the extension and the date by which the records will be available.
C. Denial of Request
Any denial of any part of a request shall be made in writing and shall state the reason(s)
for the denial in accordance with Section 3(g), or if the record is determined to be
exempt, pursuant to Section 7 of the Freedom of Information Act.
Section 3(g) of the Act allows the Village to deny a request for a category of records if
compliance with the request would place an undue burden upon the Village and there is
no way to narrow the scope of the request, and/or the burden on the Village outweighs
the public interest in the information. Before denying a request on the basis of this
exemption, the Village will contact the requestor to offer him/her an opportunity to
confer with the Village in an attempt to reduce the scope of the request to a
manageable proportion. Any denial pursuant to Section 3(g) shall specify the reason(s)
why it would be unduly burdensome to the Village and the extent to which compliance
with the request would burden the operation of the Village. Repeated requests for the
same public records by the same person shall be deemed unduly burdensome and shall
be denied accordingly.
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Section 7 of the Act enumerates a series of records that are considered exempt from
public disclosure and, therefore, need not be produced by the Village. A copy of Section
7 is attached hereto and made a part of these Rules and Regulations.
All denials shall include the name and title of the individual or individuals responsible for
the denial of the request, and shall include a detailed factual basis for the application of
any exemption claimed. Any denial must also include a notice of the requestor's
statutory right to petition the office of the Public Access Counselor in the office of the
Illinois Attorney General for review of the denial, as well as the right to judicial review
under Section 11 of the Act. In accordance with the provisions of the Act, copies of all
denials shall be retained by the Freedom of Information Officer and will be indexed
according to the type of exemption asserted and, to the extent feasible, according to
the type of records requested.
If the Village determines that a FOIA request should be denied by claiming an exemption
under subsection (1) (c) or (1) (f) of Section 7 of the Act, the Freedom of Information
Officer shall provide written notice to both the requestor and the Public Access
Counselor of the Village's intent to deny the request in whole or in part. This notice
shall include a copy of the original FOIA request; the proposed response from the
Village, and a detailed summary of the Village's basis for asserting the exemption. Upon
receipt of the notice of intent to deny, the Public Access Counselor shall determine
whether or not further inquiry is warranted. Within five (5) working days after receipt
of the notice of intent to deny, the Public Access Counselor shall notify the Village and
the requestor whether further inquiry is warranted.
Section 4 Administrative &Judicial Review Procedures
Any requestor whose request for information has been denied by the Village may
exercise his/her statutory right to petition the Public Access Counselor in the office of the
Illinois Attorney General for review of said denial. A request for review must be filed with the
Public Access Counselor not later than sixty (60) days after the date of the final denial. Any
such request for review must be in writing, signed by the requestor, and include copies of the
original FOIA request and all responses received from the Village.
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 of the Act is unfounded, he/she shall so advise the requestor and the village"and no
further action will be taken with respect to the complaint. In all other cases, the Public Access
Counselor shall forward a copy of the request for review to the Village within seven (7) working
days after receipt and shall specify the records or other documents that the Village shall furnish
to facilitate the review. Within seven (7) working days after receipt of the request for review,
the Freedom of Information Officer must provide copies of the records requested and shall
otherwise fully cooperate with the Public Access Counselor. To the extent that records
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produced by the Village for the purposes of review contain information that is claimed to be
exempt, the Public Access Counselor shall not further disclose that information.
Within seven (7) working days after it receives the request for review and request for
production of records from the Public Access Counselor, the Village may provide an answer to
the allegations of the request for review in the form of a letter, brief or memorandum. The
Public Access Counselor shall forward a copy of any such written answer to the person
submitting the request for review and the requestor may respond in writing to such answer
within seven (7) working days. If the requestor chooses to file a written response to the
Village's answering of the allegations, he/she must also provide a copy of that response to the
Village.
The Public Access Counselor shall examine the issues and records submitted in
conjunction with any request for review and shall, within sixty (60) days, issue to the requestor
and to the Village an opinion in response to the request for review. The opinion shall be
binding upon both the requestor and the Village, subject to administrative review under Section
11.5. The Public Access Counselor may opt to extend the 60-day time period by up to twenty
one (21) additional working days, provided that he/she sends written notice of such extension
to both the requestor and the Village. The Attorney General may exercise his/her discretion
and choose to resolve a request for review by mediation or by a means other than the issuance
of a binding opinion.
Upon receipt of a binding opinion concluding that a violation of the Act has occurred,
the Freedom of Information Officer 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 occurred, the requestor may initiate administrative
review under Section 11.5. Any person denied access to inspect or copy any public record shall
also have the right to file suit for injunctive or declaratory relief in the Circuit Court of Cook
County.
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Section 5 Village of Elk Grove FOIA Administrative Procedures
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The Village Clerk will be the designated Freedom of Information Officer. The Village
Manager may designate a Deputy Freedom of Information Officer for individual Departments.
The Village Clerk and Deputies shall have the responsibility for implementing these policies and
procedures and processing all requests for information in accordance with the terms of the Act.
The Village Clerk and each individual designated as Deputy shall successfully complete an
annual training curriculum through the State of Illinois, as provided in the Act. '
All FOIA requests shall be date stamped upon receipt, assigned a number and shall
indicate the date by which the request must be approved or denied (five working days from the
date of receipt, excluding the day of request).
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The designated Deputy responsible for providing the information on behalf of his/her
department shall promptly either comply with or deny the request. The Deputy shall notify the
Village Clerk of his/her action on the request no later than five (5) working days after its receipt.
The Village Clerk shall then respond in writing to the requestor accordingly. If denying the
request, the Deputy responsible for the denial will notify the Village Clerk in writing, citing the
statutory exemption used as the basis for the denial and the specific reasons for the denial,
including a detailed factual basis.
If any public record exempt from disclosure contains material which is not exempt,the
Department shall redact the exempt information and make the remaining information available
for inspection and copying.
If the designated Deputy determines that there is not adequate time to gather the
requested information, the time limit may be extended by an additional five (5) working days.
Extensions should be reserved only for extenuating circumstances. Appropriate reasons for
extensions include:
1. The requested record is in a place other than the office at which the record is being
requested.
2. The request requires the collection of a substantial number of specified records.
3. The request is couched in categorical terms and requires an extensive search for the
records responsive to it.
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4. The requested records have not been located in the course of routine search and
additional efforts are being made to locate them.
5. The requested records require examination and evaluation by personnel having the
necessary competence and discretion to determine if the records are exempt from
disclosure under Section 7 of the Act, or should be revealed only with appropriate
deletions or redactions.
6. The request for records cannot be complied with by the public body within the time
limits prescribed by section 3 of the Act without unduly burdening or interfering i
with the operations of the public body.
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7. There is a need for consultation, which shall be conducted with all practicable speed,
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with another public body or among two or more components of a public body
having a substantial interest in the determination or in the subject matter of the
request.
When additional time is required for any of the aforementioned reasons, the
Department(s) shall notify the Village Clerk as soon as possible, but no later than five (5)
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working days after receipt of the request. The Village Clerk shall then send written notice of
extension to the requestor, stating the reasons for the extension and the date by which the
records will be available. Extensions will not be granted for a period exceeding five (5) working
days, except in the most unusual circumstances; provided that any such extraordinary period
for extension will first be agreed upon in writing by both the requestor and the Village Clerk.
All requests for public records made under the FOIA shall be maintained in a file in the
Village Clerk's Office, and preserved in accordance with the provisions of the Local Records Act.
Documents maintained shall include the original request, a copy of the written response and a
record of all communications with the requestor. It is the responsibility of the Department(s) to
make sure that a copy of all material given to the requestor is attached to the original FOIA
request and that all necessary signatures are applied to the original request before returning
same to the Village Clerk. All incomplete responses will be returned to the designated
Department for completion.
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Res/FOIAres2009
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Freedom of Information Officer Procedures
The Village Clerk will be the designated Freedom of Information Officer. Each Department Head will be a
Deputy Freedom of Information Officer. Additional Deputies may be designated as required to fulfill the
requirements of the Act.
The Village Clerk shall have the responsibility for implementing the following policies and procedures and
processing all requests for information in accordance with the terms of the Act.
1. The Village Clerk and all designated Deputies shall successfully complete an annual training curriculum
through the State of Illinois, as provided in the Act.
2. All FOIA requests must be submitted to the Village Clerk's office. Each request shall be date stamped
upon receipt and shall indicate the date by which the request must be approved or denied (five (5)
working days from the date of receipt, excluding the day of request and twenty-one (21) days for
commercial requests). Each request shall be assigned a number and entered into the FOIA log.
3. The Village Clerk or designated agent shall cause the request to be directed to the designated Deputy
of the department(s) responsible for the information requested.
4. The Village Clerk or designated agent will monitor the FOIA log to ensure that response deadlines are
being met.
S. Extensions— In the event a Department requests additional time to respond to a FOIA request, the
Village Clerk shall send written notice to the requestor stating the reason for the extension (reason
shall be provided by the Department) and the date by which the records are anticipated to be
available.
6. Denial—Should a Department deny a request,the Village Clerk shall notify the requestor in writing of
the decision to deny, the reasons for the denial, the names and titles of each person responsible for
the denial,the right to review by the Public Access Counselor along with the address and phone
number of the Public Access Counselor and the right to judicial review under Section 11 of the
Freedom of Information Act. The requestor then has 60 days to appeal to the Public Access Counselor.
Should the denial be because of Section 7(1)(c) Personal Information or Section 7(1)(f) Preliminary
drafts, notes etc., the Village Clerk shall provide written notice (within five (5) days) to the requestor
and the PAC of the intent to deny the request in whole or in part. The notice to the PAC will contain a
copy of the request, the Village response and a detailed basis for asserting the exemption. The PAC
shall then determine if further inquiry is warranted and will notify the Village and requestor of same.
7. The Village Clerk shall maintain records of all FOIA requests together with copies of all materials given
to or reviewed by the requestor. All denied requests will be logged and maintained separately.
Records will be kept for two (2) years from the date of filing and then disposed of in accordance with
the Local Records Act.
FOIA/FOIAofficerprocedures
ADMINISTRATIVE PROCEDURES
1. All requests for public record information shall be submitted to the Village Clerk's office.
2. Each request will be directed to the appropriate Department(s) by the Village Clerk's office.
3. Each request will be date stamped and designated with the due date.
• Response to a request is required within five (5) working days. The appropriate Department(s)
must pull the file(s) requested and allow for the inspection of said documents by the requestor and
make any necessary copies.
• A public body must accept and respond to requests for commercial purposes within 21 working
days.
4. Electronic Documents—When a person requests a document in an electronic format, the public body
must furnish the document in electronic format when feasible.
• If an electronic format is not feasible, the Village will either furnish the record in the format in
which it is maintained, or in paper format to the option of the requestor or option of the Village if
redaction is necessary.
• The Village will only charge for the actual cost of purchasing the recording medium, and may not
charge a researching fee.
5. Redact/Delete—If any record that is exempt from disclosure contains information that is not exempt,
the responsible Department shall redact/delete the information which is exempt and make the
remaining information available for inspection and copying.
6. No fee will be charged for the first fifty (50) copies of black and white letter and legal size copies. Refer
to the FOIA form for additional fee information.
7. Extensions - If a request cannot be responded to within five (5) working days, the Department(s) shall
contact the Village Clerk within those five (5) days to request an extension and provide the reason for
the extension and the Village Clerk shall then send written notice of the extension to the requestor,
stating the reason for the extension and the date by which the records will be available. Appropriate
reasons for an extension pursuant to the Act are attached for reference.
8. Denial— If denying the request, the Department responsible for the denial shall notify the Village Clerk
in writing, within five (5) days, of the statutory exemption (a list of exemptions is attached for referral)
used as the basis for the denial and the specific reasons for the denial. The Village Clerk will then
follow the procedures required by the Freedom of Information Act.
9. Completed Requests— It is the responsibility of the Department to make sure that a copy of all material
given to or reviewed by the requestor is attached to the original FOIA request and that all necessary
signatures are applied to the original request before returning same to the Village Clerk.
10. Penalties— It is important that all Departments follow the above procedures due to the penalties for
violation of the Act.
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FOIA/ADMINISTRATIVE PROCEDURESdraft
EXTENSIONS
The time for response may be extended by the public body for not more than five (5) business
days from the original due date for any of the following reasons:
1. The requested record is in a place other than the office at which the record is being
requested.
2. The request requires the collection of a substantial number of specified records.
3. The request is couched in categorical terms and requires an extensive search for the
records responsive to it.
4. The requested records have not been located in the course of routine search and
additional efforts are being made to locate them.
5. The requested records require examination and evaluation by personnel having the
necessary competence and discretion to determine if the records are exempt from
disclosure under,Section 7 of the Act, or should be revealed only with appropriate
deletions.
6. The request for records cannot be complied with by the public body within the time
limits prescribed by Section 3 of the Act without unduly burdening or interfering
with the operations of the public body.
7. 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 substantial interest in the determination or in the subject matter of the
request. Ji
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FOIA/EXTENSIONS
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Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exert 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 =ao following shall be exempt
from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules- and regulations
implementin adoptod up federal or State law.
(b) Private information, unless disclosure is required
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 (b) information that, it
doses 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" meld: -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. The disclosure of
information that -bears on the public duties of public
employees and officials shall not be considered an invasion
of personal privacy.
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.{.c.). Records in the possession of any I
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public body created in the course of Fir administrative
i enforcement proceedings,_ and any law enforcement or
correctional agency for law enforcement purposes, o=-ter
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 pending administrative
enforcement proceedings conducted by the a y public
body that is the recipient of the request_;
(iii) create a substantial likelihood that depr-ive
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 a. Gonfidential CG;,gQG on
(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 .(wil) endanger the life or physical safety of
law enforcement personnel or any other person;' or
vii .(W JJ ) obstruct an ongoing criminal
investigation by the agency that is the recipient of i
the request.
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and rol-Garo- The tox= door; not apply to
(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
inforivation 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 confidential, ' and that or- ;.;here disclosure of
the trade secrets or commercial or financial information
would M&y cause competitive harm to the person or business,
and only insofar as the claim directly applies to the
records requested. ,—S agludaag;.
(; ) Al ! intozMatioR dete.minod- to be GGAJ-dontial
-W J3 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 j
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 f
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 i
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 j
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 f
legal rights of the general public.
(j) The following information pertaining to
educational matters:
i test Test questions, scoring keys and other
examination data used to administer an academic
examination; ordotocnipod the G.F61-lific""Ar, Of @A
(ii) information received by a primary or
secondary school, college, or university undbr its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adiudication 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.
W. 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,
including-but not limited to power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all, government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise
security,
kwilcli.ags
dna}. 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) 4a} 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.
Wil. 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) 4p4- 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 I
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) -Eq-�. 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.
4.r4 Test questions, scoring keys, and other
examination data used •to determine the qualifications of an
applicant for a license or employment. Draft&, notes,
_LrJ -Cs;- 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.
44-)- 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.
.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.
Gtudont or, employeo and. 4-Rio
body's adjudicatioa or, OMP.10 Q=
. c3sos..
440- 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.
the d-J-9G.1-onumo of 444gh
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(u) 4.i,4 Information
i1;4'gaMat;_ew 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.
Emor
Aad.
ivy .(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.
(x) )-. Maps and other records regarding the location
I
or security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities I
owned by a. utility, by a power generator, or by the
Illinois. Power Agency.
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(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.
(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) 4.24• 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. 94-280, eff. . 1-1-06; 94-508, eff. 1-1-06; 94-664,
eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised
10-20-08. )
(5 ILCS 140/7.5 new)
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.
(q) 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 i
emergency energy plan ordinance that is adopted under Section
11-21.5-5 of the Illinois Municipal Code.
I
(i) 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
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.
(5 ILCS 140/9) (from Ch. 116, par. 209)
Sec. 9. (a) Each public .body
den g a request for public records shall notify ther ester I
in writ' of he
decision t eny the request suet, the reasons for a denial,
includinga de led factual basis for the a li tion of an
exemption claimed, nd the names and titles or ositions of i
each person responsib �Ainform
e denial. Each otice
of denial
by a public body shall such pe son of the U" right
to review b the PubliCounselo and provide the
address and phone number for t Publ' Access Counselor appeab ,
to the head ot the Publio bo Ea notice of denial of an
by the head.
�s 11 inform such person of
his right to judicial review un r Sect 11 of this Act.
(b). When a request for pu is records 1 _.denied on the
grounds that the records ar exempt under Sect n 7 of this
Act, the notice of denia shall specify the exemp on claimed
to authorize the denia and the specific reasons for he
denial includin a ailed factual basis and a citati to
supporting le al a orit . Copies of all notices of deni
shall be retaine y each public body in a single central
office file th is open to the public and indexed according. to
the type of emption asserted and, to the extent feasible,
according the types of records requested.
c erson making a request for public records shall be
deeme to have exhausted his or her administrative remedies
wit respect to that request if .the public bodyfails to act
w' hin the time periods provided in Section 3 of this Act.