This document summarizes a training for city staff on the Illinois Freedom of Information Act. It outlines key aspects of FOIA like public records, response timelines, exemptions, fees, and the process for responding to and denying requests. Staff are instructed on forms to use for responses and the roles of the city clerk and attorney's office in assisting with FOIA compliance. Questions from staff are invited at the end.

1. TRAINING COURSE FOR CITY STAFF
JUNE 19, 2014
PREPARED BY:
MICHELLE MASONCUP, DEPUTY CITY ATTORNEY
FREEDOM OF INFORMATION
ACT (5 ILCS 140/1 et seq.)

2. OVERVIEW OF FOIA
Legislation: Illinois Freedom of Information Act
(“FOIA”) was enacted in 1983.
Public policy favors disclosure
PAC: Public Access Counselor office within the
Illinois Attorney General’s Office was created in
2009 to assist with the implementation of FOIA.
FOIA Officers and administration of FOIA requests:
 City Clerk Rodney Greene (ext. 8247)
 Deputy City Clerks Leticia Blackman (ext. 8184) and Akasha
Terrier (ext. 8248)

3. PUBLIC RECORDS
What is a “Public Record” under FOIA?
 Includes all of the following:
 all records, reports, forms, writings, letters, memoranda, books,
papers, maps, photographs, microfilms, cards, tapes, recordings,
electronic data processing records, electronic communications,
regardless of physical form or characteristics, having been
prepared by or for or having been or being used by, in the
possession of, or under the control of any public body.
 Possession by Third parties: If a third party has contracted to
perform a governmental function with the public body and in
possession of the record, it is still a public record.

4. SUMMARY OF NEW FORMS
FORM A: Release of Records, no redactions or
denials
FORM B: Partial or Full Denials, Unduly
Burdensome requests, and Repeat Requestors
FORM C: Acknowledgement of Inspection
FORM D: 5-Day Extension
FORM E: Meet & Confer
Form F: Notice to Clarify Request

5. FOIA RESPONSE TIME
Time to comply: City must grant or deny a request within
5 business days after receipt (except for commercial
requests)
5-day extension of deadline – must be in writing:
 COE can extend the 5-day response period if additional time is
needed due to certain statutory circumstances (outlined - next slide)
Failure to Respond:
 If the City does not respond within 5 business days, it’s considered a
denial.
 If the City responds after the 5-day period, the City cannot charge the
requestor any fees for the copies and cannot claim that the request is
unduly burdensome.

6. 5-DAY STATUTORY EXTENSION
 Extensions of time are permissible under the following
circumstances: (Form D)
 Records stored in whole or in part at off-site locations;
 Request requires the collection of a substantial number of records;
 Request is categorical and requires an extensive search;
 Records have not been located in the course of a routine search and
additional efforts need to be made to locate them;
 Records require examination and evaluation by personnel having necessary
competence and discretion to determine if they are exempt from disclosure
or should be released with certain redactions (i.e. Law Department); or
 Need for consultation with another public body or among 2 or more
departments with an interest in subject matter of the request.
 Notify Clerk’s Office if you need an extension prior to the expiration
of the original 5-day period and the Clerk’s Office will send notice.

7. FORM D – EXTENSION OF TIME

8. COMMERCIAL REQUESTS
Time period to respond: 21 business days
Requests for a “commercial purpose”: made by
requestor to use information in future sales, resale,
solicitation or advertisement for sales or services.
Within 21 days, City must do one of the following:
 Provide requestor with estimated time and fees involved with
release of public records;
 Deny request based on a FOIA exception;
 Provide notice that request is unduly burdensome and offer
chance to reduce the request to manageable proportions; or
 Provide the records requested.

9. REPEAT REQUESTOR
Definition: person has submitted (i) a minimum of
50 requests for records in a year, (ii) a minimum of
15 requests for records within a 30-day period, or
(iii) a minimum of 7 requests for records within a 7-
day period.
 Response: Treated like a commercial request and we are
provided 21 business days after receipt to respond.
Not applicable if request made by news media and
non-profit, scientific, or academic organizations to:
 (i) to access information, (ii) for articles of opinion, or (iii) for
the purpose of academic, scientific, or public research or
education.

10. RESPONDING TO A FOIA REQUEST
Grant of request: assigned City staff member(s)
should draft a response letter and enclose responsive
document(s) (Form A)
Why is the Requestor asking for this information? 
We cannot ask the requestor the intent of the request
Partial or Full Denial (Form B): City must draft a
response letter containing:
 Reasons for denial, including a detailed factual basis for
application of exemptions.
 Denial must advise right of review by PAC or the court.

11. UNCLEAR OR UNDULY BURDENSOME
Unduly burdensome requests (Two Step Process):
 Prior to denying a request as “unduly burdensome”, the City must issue a Notice to Meet and
Confer (Form E) and discuss limiting the scope of the request.
 In Letter, City should provide facts for why it’s burdensome; Examples: # of staff members
to fill request, anticipated hours to complete request, and the location of information
 Requestor is under no obligation to narrow request, but if it doesn’t the City can deny as
unduly burdensome and use Form B.
Unclear FOIA requests: If a request is unclear, the
City has no duty to attempt to divine the meaning of
the request. The City must issue a response letter
seeking clarification (Form F).

12. FORM E – MEET AND CONFER

13. FORM F – UNCLEAR REQUEST

14. PARTIAL DENIALS UNDER FOIA
Section 7(a) of FOIA provides: If request for a public
record that contains information that is exempt from
disclosure, but also contains information which is
not exempt from disclosure, the public body may
elect to redact the information that is exempt and
produce the remainder.
The public body shall make the remaining
information available for inspection and/or copying.

15. EXEMPT RECORDS
Response: Denial or partial denial letter must cite a
statutory exemption and factual basis for the denial
(Form B).
Seven general categories of exempt
records/portions:
 (1) personal privacy - Sections 7(1)(b) and 7(1)(c);
 (2) internal operations – Section 7(1)(f);
 (3) law enforcement and security – Section 7(1)(d);
 (4) business– Sections 7(1)(g), (h), (i), (p), and (r) – (t);
 (5) attorney communications – Section 7(1)(m);
 (6) architect and engineering plans – Section 7(1)(k); and
 (7) personnel issues – Section 7(1) (a) and (n).

16. FORM A – RELEASE OF RECORDS

17. FORM B – DENIAL LETTER

18. FORM B – PAGE 2

19. FORM B – PAGE 3

20. FORM C – INSPECT

21. REDACTIONS
FOIA does not require the disclosure of clearly non-
responsive information contained within documents
that contain information to a request for specific
information.
Cannot redact information “outside the scope” of the
request if the request asks for the entire document.

22. DUTY TO CREATE DOCUMENTS
If the City has data available but has to alter the
document or put the data into a new format to
respond to the request, this does not create a new
document or public record under FOIA.
Example in which no new record was created: PAC
held that cutting information into strips from a
spreadsheet and re-taping each in a new order did
not create a new document. (PAC 12-014)
Example of new record and no duty to create – data
has not been calculated yet.

23. REQUESTORS’ RIGHTS
Requestors have the right to determine whether they
want to inspect or copy documents; the City cannot
choose for them.
Requestors have right to deliver requests via
personal delivery, provided its reasonable, such as a
board meeting.
The City cannot challenge a Requestors’ statement
that it is not a commercial request, we may only
verify that it is a non-commercial requestor.
City cannot ask why Requestor is seeking records.

24. NEW DEVELOPMENTS
Law Enforcement Records:
 Records that Police have access by virtue of shared electronic
record management system, but City did not create or have a
role in any of the events leading up to the records = exempt.
Deliberative Process/Preliminary Drafts:
 Exemption applies to draft versions and only final version of
an agreement is the public record.
 Factual information is subject to disclosure once a final
decision has been made on employee discipline.
 Appellate Ct – Mayor waived pre-decisional privilege when he
cited a report in a press release and the entire report must be
turned over because it was cited as decision regarding officer

25. SUBMISSION TO CLERK’S OFFICE
Please be cognizant of the 5-day deadline
If possible, convert the response letter and
responsive documents into electronic file to decrease
the use of paper and increase efficiency in locating a
past response.
FOIA officers will save the electronic file in
conformance with our Local Records Act reqs.
If multiple depts. are copied on request: coordinate
with the department representatives on production
and response letter.

26. CHARGING FEES
City cannot charge requestor for the copying cost for
the duplicate copy retained by City for our FOIA
records.
If Requestor requests documents in an electronic
format, you cannot charge for the copying charges to
assemble the document into an electronic format.
City can recover the cost of the medium that the
requested records are produced on (i.e. flash drive)

27. PAC OR COURT REVIEW
Requestors can challenge a City response to the PAC
or the Circuit Court of Cook County.
Please notify the Law Department as soon as
possible if you receive a “Notice of Further Inquiry”
from the PAC.
City can be assessed penalties and attorneys’ fees by
the Court, if the Plaintiff prevails.

28. QUESTIONS
Thank you for all of your hard work on FOIA
compliance.
If you need guidance on compliance with the statute,
you can contact either the FOIA officers or the
following members of the Law Department:
 Michelle: mmasoncup@cityofevanston.org or ext. 8009
 Mario: mtreto@cityofevanston.org or ext. 8097