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 They call them public records, but too often government
employees don’t see them that way.
The paper or digital trail could lead to questions that make their jobs
difficult. The school or local government workers may have protective instincts
for their boss or the institution. They may truly have some misdeed to hide.
But what they are trying to guard remain public records, and you have a right,
by law, to see them. It’s called the Freedom of Information Act, or FOIA for
short.
There are some exceptions, but for the most part you should be able to see the
records that led to government decisions and how they spent your taxes with whom
and why.
Maybe the biggest reason to exercise these rights is the same as why the
security system sign on your lawn is more valuable than the alarm itself: people
are most honest when they know they are being watched.
How does FOIA work?
FOIA is a state law providing all citizens, not just journalists, access to
public records of taxing bodies. In Illinois, the law underwent changes in 2010
that required local governments to designate FOIA officers, established a Public
Access Counselor position in the Office of the Attorney General, and decreed
that governments shall provide the first 50 pages of black-and-white, letter- or
legal-sized pages of requested documents for free, among other changes. You do
not have to request hard copies of the information you seek. Electronic records
are often easier and faster to access and more convenient for both the FOIA
officer and requester. You can request any information be provided to you in
electronic format.
Governments must respond to FOIA requests within five business days. They may
request an additional five business days if the records are stored off-site, if
an “extensive search” is required, if the records require examination by legal
counsel to determine whether all or segments are exempt from disclosure, and for
limited other reasons. Governments are to notify requestors of the need for this
extra time within the initial five business days. More applicable information is
available under Chapter 3 of this FOIA Guide.
How do I request information?
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Determine which records you seek.
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Determine the keeper of those records (e.g., if you want to
learn about school reopening correspondence between your local school
district and state officials, you’d want to contact your local school
district).
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Examine the website of the local government holding the
sought-after records. Using select keywords, find the contact information
for the designated FOIA officer.
For example, to examine all bids submitted for a construction
project under way in your school district, plug into a search engine bar the
following: “School District XX, name of town and state where located, FOIA.”
What you seek should now be a click away. Most government websites currently
include a click-through to a FOIA request form, along with the email address for
submissions. You do not need to use their form. You may address a letter of your
own composition to the proper FOIA officer (see a FOIA letter sample here).
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Some governmental authorities accept oral records
requests. But submitting a physical or digital letter provides a
paper or digital trail for use if your request is denied. Record the
time and date of submission, the person to whom it was submitted and
note on your calendar the response deadline. Lack of a response
within the requisite time period is considered a denial.
Tips for making a successful FOIA request
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Identify the appropriate entity to send your
request to. Sending a FOIA for a lawmaker’s pension information
to the Housing Development Authority obviously will not work.
Sometimes a call to a clerk or government staffer can tell you
where you can get the information.
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Be as specific as possible in your request.
Know what you are looking for and provide as much detail as
possible when describing the information you want. Vague
requests will likely be rejected or result in partial or
incorrect information.
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Always provide an example when you can. If
possible, include a PDF, spreadsheet or other file showing the
data you are looking for. This helps avoid any confusion, speeds
up the process and ensures you will receive the correct
information.
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Keep the request short and as simple as
possible. Requests that are too large or ask for vast amounts of
information will likely be rejected.
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Call the public entity you are intending to
FOIA and ask if they can provide you with the information.
Sometimes, if you call and tell them you could FOIA for the
information you are looking for but ask them to provide it
without sending an official request, they will send it to you
faster. This works with information when it’s very easy for
someone to click a few times and send it to you. This will not
work for more complex requests. Example: Local voter
registration totals for a local government should be easy for a
local government election agency to send you without a formal
FOIA.
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Check the government agency’s website. Often
basic information such as budgets, ordinances, meeting minutes
and staff salaries are on their websites.
What if the government denies my request?
If your request is denied, examine the reason stated for the denial
by reading the actual language of the exemption specified in Section
7 of the FOIA. If you believe you were improperly denied, you may,
within 60 days of the denial, submit your request for review by the
Illinois Attorney General’s Public Access Counselor. Call
877-299-3642 for information. Or mail your request to 500 S. Second
St., Springfield, IL, 62706. Submitting to this address for judicial
review also is an option, as is filing a lawsuit.
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