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1. What is considered a Public Record?

“Public records” are defined in FOIA as “all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body.” (5 ILCS 140/2(c)) Given this broad definition, FOIA is intended to cover any document, regardless of form, that pertains to government business.

2. How do I submit a FOIA Request

All requests for copies or inspection of public documents under the Freedom of Information Act must be made in writing. Please note there are separate submission requirements for Village Records and Law Enforcement Records. 

	Village Records Request	Police Records
Online:	Village Online Portal	Police Department Online Portal
Form:	N/A	Downloadable Police Form
Mail:	FOIA Officer Deanne Curelo 550 W. Irving Park Road Itasca, IL 60143	FOIA Officer Tim Mace 540 W. Irving Park Road Itasca, IL 60143
In-person:	Drop off between 8:00 a.m. to 4:30 p.m.	Drop off between 8:00 a.m. to 4:00 p.m.
Fax:	N/A	630-773-1805

3. What information should I include in my request?

On your written request, include your name, address, the date, and at least one contact method in case we need to contact you regarding your request. Also, please provide as much information as possible on the subject matter. This will help expedite the search process. 

4. Is my request a commercial request?

A commercial FOIA request is when the requestor seeks to use part or all of the public records for sale, resale, solicitation, or advertisement for sales or services.

The FOIA Officer has 21 business days to respond to a request for information made for a commercial purpose. The public body will respond by:

1. providing the requested records;
2. advising when the requested documents will be available and how much they will cost;
3. denying the request (if it falls under an exception);
4. or by advising the requestor that the request is unduly burdensome and extending an opportunity for the requestor to reduce the request to manageable proportions.

Please note it violates the Freedom of Information Act for a person to knowingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose.

 

5. How long will it take to get a response?

The Village, by law, will respond no later than five business days after receipt of a non-commercial request. Commercial requests will receive a response no later than 21 business days after receipt. (Requests are commercial if the use of any part of the record or the information derived from the record is to be used for sale, resale, solicitation, or advertisement for sales or services.) However, the Village may extend the time to respond within the time period allowed by law in certain circumstances

6. Is there a fee?

The Freedom of Information Act permits the Village to charge reasonable fees to pay for copying costs or the use of copying equipment. The Village will supply up to fifty (50) black-and-white pages of requested records NOT intended for a commercial use at no charge to the requester. Fees for additional copying or certification fees are as follows: 

• $.15 per page
• $.10 per certificate, if the copies are certified
• Oversize copies – cost of reproduction

7. What information is exempt from requests?

Under FOIA, there is a presumption that all information is public unless the public body proves otherwise. There are several exceptions to public disclosure that include but are not limited to:

• Private information – “Private information” is exempt from disclosure under FOIA. FOIA defines “private information” as “unique identifiers, including a person’s social security number, driver’s license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal e-mail addresses.” Under FOIA, “private information also includes home addresses and personal license plate numbers, except as otherwise provided by law or when compiled without possibility of attribution to any person.”
• Personal information that, if disclosed, would constitute a clearly unwarranted invasion of personal privacy unless the disclosure is consented to in writing by the person who is the subject of the information. Under FOIA, the “unwarranted invasion of personal privacy” means the “disclosure of 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.” Disclosing information that relates to the public duties of public employees is not considered an invasion of personal privacy.
• Law enforcement records that, if disclosed, would interfere with a pending or reasonably contemplated proceeding or that would disclose the identity of a confidential source.
• Information that, if disclosed, might endanger anyone’s life or physical safety.
• Preliminary drafts or notes in which opinions are expressed, or policies are formulated, unless the record is publicly cited and identified by the head of the public body.
• Business trade secrets or commercial or financial information that is proprietary, privileged, or confidential and disclosure would cause competitive harm to the person or business.
• Proposals and bids for any contract until a final selection is made.
• Requests that are “unduly burdensome.”

For a complete list of exemptions from the State of Illinois, go to the Illinois General Assembly/Illinois Compiled Statutes.