THE FREEDOM OF INFORMATION ACT By JAY HEDGES, Director, Department of Commerce & Community Affairs

The Freedom of Information Act (ch. 116 par. 201 et seq.) guarantees the rights of the general public to inspect and copy public records. The Act recognizes the importance and duty to disclose public records balanced with the protection of individual privacy rights and governmental interests.

The intent of this Act is to ensure that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them. This Act is not intended to be used to violate individual privacy, nor to further a commercial enterprise. The Freedom of Information Act does not require a public body to prepare or keep any new records.

The Freedom of Information Act covers any public body, including the legislative, executive, administrative, or advisory boards of: cities, villages, counties, all boards, bureaus, committees, commissions, townships, road districts, and school districts. The Act also covers, but is not limited to, the public records of the following: administrative manuals, procedural manuals, final opinions, interpretation of policy, letters and memoranda, final planning policy, financial data, reports, minutes of public meetings, papers, and electronic data processing records.

The inspection and copying of public records requires public bodies to make available all public records except those specifically determined to be exempt. Some common exemptions are:

1. Information specifically prohibited from disclosure by federal or state law.

2. Information which, if disclosed, would constitute a "clearly unwarranted invasion of personal privacy", unless disclosure is consented to in writing by the individual whose privacy is being invaded,

3. Files and personal information regarding individuals receiving certain care or services from the local governments.

4. Files and personal information regarding applicants, registrants or licensees receiving or requesting professional or occupational registration or licenses.

5. Information revealing the identities of persons filing complaints with or providing information to administrative, investigative, law enforcement and penal agencies.

6. Investigatory records compiled for local administrative law enforcement purposes or for internal matters, but only under certain specified circumstances.

7. Records of state and local law enforcement agencies relating to the detection and investigation of crime.

8. Criminal history records.

9. Trade secrets or commercial or financial information obtained from a person or business.

10. Minutes allowed to be kept confidential under the Illinois Open Meetings Act.

11. Documents or materials relating to collective bargaining matters but not including the final contract or agreement which is entered into.

May 1989 / Illinois Municipal Review / Page 13

Public bodies must comply or deny a request within seven working days, and denial must be by letter. Failure to respond within seven working days is considered a denial. However, an additional seven days may be obtained if: (1) Requested records are stored in another location; (2) Request requires collecting a large number of records; (3) Request is categorical in nature and requires an extensive search; (4) Failure to locate records, but still searching; (5) Exempt status must be determined; (6) It would unduly interfere with the operations of the public body; (7) Consultation is needed with another public body that has substantial interest in the request.

The maximum time available to fill a written request is 14 working days. When extending the time to an additional seven working days, the public body must send a letter within the initial seven working days to the person making the request, that contains reasons and the date the records will be available. A public body may adopt rules that set times and places records will be made available, and people to contact for those records. If the request is denied, the public body must notify, by letter, the person making the request. This letter must contain the decision to deny, reasons for denial, names and titles of each person responsible for the denial, the person's right to appeal to the head of the public body, and if denied on the basis of exemption, the exemption must be specified. Copies of all denials must be kept and made available for inspection.

All public bodies must prepare, display and make available to the public two directories. The first must contain a brief description of the public body that includes a short summary of its purpose, a block diagram of its functional subdivisions, the total amount of its operating budget, number and location of its offices, approximate number of full and part-time employees, and identification and membership of all boards, commissions, and committees. The second directory must contain a brief description of how and from whom public records may be requested and any fees charged. In addition, all public bodies must list all types of records under their control.

Fees may be charged only to reimburse the actual costs for reproducing and certifying records. Public bodies are not allowed to charge for staff time required to retrieve records. Any person denied access may file a suit for injunctive relief. No time limit is provided in which such suit may be brought.

For further information, please contact DCCA's toll-free hotline 1-800-562-4688 (LOC-GOVT). •

Page 14 / Illinois Municipal Review / May 1989