Duty to Respond to FOIA Requests
On November 29, 2023, Petitioner, on behalf of WGN-TV, submitted a Freedom of Information Act (FOIA) request to the Village of Dolton (Village) seeking copies of documents sufficient to show total payments to the Mayor in 2023, a copy of the current lease for the Mayor’s Village vehicle, and copies of monthly statements for any and all Village credit cards from June 1, 2023 to present. The Village did not respond.
On December 14, 2023, Petitioner sent an email forwarding his request to the Village Administrator, copying the Village Clerk, an attorney in private practice who represents the Village, and a colleague at WGN-TV, stating the request was “past due.” The Village did not respond, and Petitioner submitted a Request for Review to the Public Access Counselor (PAC) alleging that the Village failed to respond to his FOIA request.
On December 27, 2023, the PAC forwarded a copy of the Request for Review to the Village’s FOIA officer along with a letter asking whether the Village had responded to Petitioner’s FOIA request. The Village did not respond. On January 11, 2024, the PAC sent another letter via to the Village’s FOIA Officer, but again the Village did not respond. On January 29, 2024, Petitioner contacted the PAC indicating he still had not received a response to the November 29, 2023 FOIA request.
On January 30, 2024, the Village e-mailed Petitioner a letter, dated January 17, 2024, asserting that the Village had located five pages of records responsive to his request, and asserting that those pages were attached to the letter. There were no records attached to the email. Petitioner responded to that email, alerting the Village to the absence of the records and inquiring how copies of all requested documents could total only five pages. The Village acknowledged receipt of that email but did not provide Petitioner with the five pages of records, or any records.
Section 3(d) of FOIA provides that “each public body shall, promptly, either comply with or deny a request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended under subsection (e) of this Section.” The PAC concluded that the Village violated Section 3(d) of FOIA by failing to comply with, deny in while or in part, or otherwise appropriately respond to a FOIA request. The PAC directed the Village to take immediate and appropriate action to provide Petitioner with copies of all records responsive to his request, subject only to permissible redactions, if any, under Section 7 of FOIA.
This opinion is binding only to the parties involved and may be appealed pursuant to State law.
Mary H. Bandstra, IASB Law Clerk
On November 29, 2023, Petitioner, on behalf of WGN-TV, submitted a Freedom of Information Act (FOIA) request to the Village of Dolton (Village) seeking copies of documents sufficient to show total payments to the Mayor in 2023, a copy of the current lease for the Mayor’s Village vehicle, and copies of monthly statements for any and all Village credit cards from June 1, 2023 to present. The Village did not respond.
On December 14, 2023, Petitioner sent an email forwarding his request to the Village Administrator, copying the Village Clerk, an attorney in private practice who represents the Village, and a colleague at WGN-TV, stating the request was “past due.” The Village did not respond, and Petitioner submitted a Request for Review to the Public Access Counselor (PAC) alleging that the Village failed to respond to his FOIA request.
On December 27, 2023, the PAC forwarded a copy of the Request for Review to the Village’s FOIA officer along with a letter asking whether the Village had responded to Petitioner’s FOIA request. The Village did not respond. On January 11, 2024, the PAC sent another letter via to the Village’s FOIA Officer, but again the Village did not respond. On January 29, 2024, Petitioner contacted the PAC indicating he still had not received a response to the November 29, 2023 FOIA request.
On January 30, 2024, the Village e-mailed Petitioner a letter, dated January 17, 2024, asserting that the Village had located five pages of records responsive to his request, and asserting that those pages were attached to the letter. There were no records attached to the email. Petitioner responded to that email, alerting the Village to the absence of the records and inquiring how copies of all requested documents could total only five pages. The Village acknowledged receipt of that email but did not provide Petitioner with the five pages of records, or any records.
Section 3(d) of FOIA provides that “each public body shall, promptly, either comply with or deny a request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended under subsection (e) of this Section.” The PAC concluded that the Village violated Section 3(d) of FOIA by failing to comply with, deny in while or in part, or otherwise appropriately respond to a FOIA request. The PAC directed the Village to take immediate and appropriate action to provide Petitioner with copies of all records responsive to his request, subject only to permissible redactions, if any, under Section 7 of FOIA.
This opinion is binding only to the parties involved and may be appealed pursuant to State law.
Mary H. Bandstra, IASB Law Clerk