Significant changes to the Illinois Freedom of Information Act went into effect Jan. 1 that affect all public bodies, including the UI, and how they respond to requests for public information. Hailed as the most sweeping changes since Illinois enacted its FOIA law July 1, 1984, the amended act is expected to make it easier for the public to access information. The changes narrowly define what information is exempt from release, shorten the time allowed for responding to requests and increase the penalties for noncompliance.
The revised statute marks a new era for dissemination of public information, said Ginny Hudak-David, the associate director of the Office for University Relations. "Under the revised law, there are fewer exemptions, and they're harder to apply in some cases because preapproval now is required by the public access counselor in the Illinois Attorney General's office. The assumption is that if you have records, you're going to be providing them."
FOIA requires that all public bodies make their records available to any person for inspection or copying, based upon the premise that public disclosure fosters transparency and accountability in government.
The act defines public records as "all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, recorded information and all other documentary information prepared, used, received, possessed or under the control of any public body."
Public affairs officials at each campus and in University Relations and their staff members are the UI's appointed FOIA officers, and are the only staff members designated to respond to FOIA requests.
During 2009, the UI's FOIA officers fielded more than 500 requests for records under FOIA.
Likewise, FOIA officer Jaclyn Banister, office administrator in Public Affairs, said that she handled about 260 requests last year at the Urbana campus - mostly for construction contracts, police reports and coaches' contracts.
Under the new law, people requesting records cannot be required to use special forms to file their requests.
As of Jan. 1, FOIA officers have five business days - shortened from seven days under the prior law - which begins the day after they receive requests to respond to them, either granting access to the records, denying the request or notifying the requester that an extension of five business days is needed to fulfill it. For records requested for commercial purposes, FOIA officers now have 21 days to respond.
Penalties for failing to respond to requests within the mandated time periods include possible civil penalties of between $2,500 and $5,000 per violation and relinquishing the rights to charge for reproduction costs at a later time or to treat a request as unduly burdensome.
Certain types of information are exempt from disclosure under FOIA, including information prohibited from disclosure by federal or state law; academic information such as test questions and scoring keys; private identifiers for employees and students, including Social Security numbers and I.D. numbers; and peer evaluations by faculty members for tenure purposes.
However, the new law does not specifically exempt "personnel files and personal information," stating instead that 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" is exempt.
While files related to the adjudication of employee discipline and grievance cases are exempted, the final outcomes of cases in which discipline was imposed are not exempt.
Under the new law, the public access counselor in the Illinois attorney general's office must preapprove exemptions that are made to protect personal privacy or information in draft form.
"One thing we run into a lot on campus is people sending us documents that are stamped 'draft' or 'confidential,' and they think that requests should be denied because of that," said Robin Kaler, associate chancellor for public affairs at the Urbana campus. "What you stamp on it doesn't matter; it's what the law says that determines whether you have to release it. The information has to truly be representative of a stage in the deliberative process that is not final to qualify for exemption as a draft. Once you reach the final stage and the document was used, it's not a draft, and it's subject to release under FOIA."
The revised statute requires FOIA officers to provide information in electronic format if requested, and they can charge only for the cost of the disc or other media used, not for personnel or other costs. The first 50 pages of letter- or legal-sized paper documents must be provided free, and the charges for additional pages are limited to 15 cents per page. If color copies or abnormal-sized copies are required, FOIA officers can charge for actual copying costs.
Units supplying copies of documents to the Public Affairs offices for FOIA requests are not reimbursed for those copying charges and may not charge the requester for the staff time needed to handle the request.
The new law also requires FOIA officers to undergo an annual training program provided online by the Illinois Attorney General's Office.
Handling FOIA requests
Public records officers are the only officials who may respond to Freedom of Information Act requests made to the UI. University Relations is responsible for responding to requests that span two or more campuses.
If your office receives a request under FOIA:
- Fax, e-mail or mail a copy of the request immediately to the appropriate public records officer, as the "clock" on the request begins running as soon as the request is delivered to you.
- Read through the request to familiarize yourself with the records being requested.
- Begin looking for records that may be responsive and discuss them with the public records officer or their designee. As soon as the public records officer processes the request, you will receive an official notice to provide documents to the public records office.
- Forward copies (one-sided copies with pages paper-clipped) of responsive records to the records officer or their designee promptly, and at least a few days in advance of the deadline.
- Concerns about information that should not be released should be discussed with the public records officer or their designee, who will consult with legal counsel about whether portions of documents or entire documents are exempt. Copies of the documents - without redactions - should be forwarded to the public records officer or their designee.
UI Public Records Officers
CENTRAL ADMINISTRATION
Thomas Hardy, executive director for university relations, 217-333-6400
CHICAGO
Mark Rosati, associate chancellor for public affairs, 312-996-5546
SPRINGFIELD
Derek Schnapp, director of public relations, 217-206-7823
URBANA-CHAMPAIGN
Robin Kaler, associate chancellor for public affairs, 217-333-5010