The City of Springfield and the City Clerk's Office supports the policy of providing public access to the public records in the possession of the City while, at the same time, protecting legitimate privacy concerns, and maintaining administrative efficiency and operational priorities. 

Recently, Illinois Attorney General Lisa Madigan worked with legislators and open government advocates to draft and pass landmark legislation (Senate Bill 189, Public Act 096-0542) to strengthen the Freedom of Information Act (FOIA) and Open Meetings Act (OMA) to increase the transparency and accountability of governments at all levels.

This new law makes it easier to enforce FOIA and OMA and fight for open and accountable government by making permanent the Public Access Counselor position within the Attorney General's Office and provides the Public Access Counselor with the authority to issue binding opinions to resolve FOIA and OMA disputes. In addition, the new law closes loopholes in FOIA that made it hard for the public to access government records and, for the first time, establishes significant civil penalties for FOIA violations. 

The new law became effective January 1, 2010

From here, you can download and read the following frequently asked questions about the new provisions of the FOIA:

• Frequently Asked Questions (Members of the Public)
• Frequently Asked Questions (Public Bodies)

Requesting Public Records:             

Download a Freedom of Information Act Request 

Requests for public records shall be submitted to the Office of the City Clerk.   Pursuant to the Freedom of Information Act (FOIA), (5 ILCS 140/1), the request can be made in writing, either on the form provided here or in letter form directed to the Office of the City Clerk.   Please provide following information in your request for public records:

1.      Name, address, telephone number, and email address if possible;                                         

2.      A description of the records sought, being as specific as possible; and                 

3.      If the request is for inspection of records, copies of records, or both.

City's Response:

The City must respond to a FOIA request within 5 business days after the receipt of  the request. Day 1 of the 5-day timeline is the first business day after the request is received by the public body. The date that the request was received by the City does not count as “Day 1.” That time period may be extended for an additional 5 business days from the date of the original due date if:

• The requested information is stored at a different location;

• The request requires the collection of a substantial number of documents;

• The request requires an extensive search;

• The requested records have not been located and require additional effort to find;

• The requested records need to be reviewed by staff who can determine whether they are exempt from FOIA;

• The requested records cannot be produced without unduly burdening the public body or interfering with its operations; or

• The request requires the public body to consult with another public body who has substantial interest in the subject matter of the request.

If additional time is needed, the City must notify the requestor in writing within 5 business days after the receipt of the request of the statutory reasons for the extension and when the requested information will be produced.

If the public body does not respond to your request within 5 business days after receiving it, then their inaction is considered a denial of your request. If that occurs, you can either file a Request for Review with the Attorney General’s PAC or file a case in court. If you choose to file a Request for Review, the request must be sent to:

Public Access Bureau                                                                                                                        500 S. 2nd Street                                                                                                                   Springfield, Illinois 62706                                                                                                                217-558-0486

Email address:  publicaccess@atg.state.il.us

What does the PAC do with my Request for Review?

The PAC will review your request and will do one of three things:

1. Decide that no further action is necessary. If the PAC decides that the alleged violation is unfounded and no further action is necessary, the PAC will inform you and the public body of that decision.

2. Request more information from the public body. If more information is needed to review the issue, the PAC may, within 7 working days after receiving the Request for Review, send a copy of the Request to the public body and ask for any records the PAC needs to complete the review. The public body has 7 working days to provide the requested information. The Attorney General, through the PAC, has the authority to issue a subpoena if the public body fails to fully respond.

3. The PAC may also try to resolve your FOIA dispute with the public body through mediation or other informal efforts.

When will the PAC issue a final decision?

If the PAC decides to issue a binding opinion, the PAC will issue that opinion within 60 calendar days after receiving all the information needed to decide the matter. The PAC may extend the 60-day time period by 21 working days by sending a written notice to the requestor and the public body. This written notice must include the reasons for the extension.

COMMERCIAL REQUESTS

What is a request for information made for a commercial purpose?

A commercial request is when the requestor seeks to use part or all of the public records for sale, resale, or solicitation or advertisement for sales or services. Requests by the news media, not-for-profit organizations, scientific or academic institutions are not considered commercial information requests.

Are commercial information requests treated differently?

Yes. A public body has 21 business days to respond to a request for information that is made for a commercial purpose. The public body can either: (1) provide the requested records; (2) advise when the records will be provided and the costs; (3) deny the request (if it falls under an exception); or (4) advise the requestor that the request is unduly burdensome.

Can the public entity charge fees for copies of the information?

Yes, but the fees are limited. For traditional black and white, letter or legal sized copies (8 ½ x 11 or 11 x 14), the first 50 pages are free, and any additional pages can cost no more than 15 cents a page. For color copies or abnormal size copies, the public body can charge the actual cost of copying.

 

DOWNLOAD a Freedom of Information Act Request

Contact Information

Springfield City Clerk's Office Municipal Center West, Room 106 300 S. Seventh Springfield, IL 62701 Office Hours: Mon. - Fri.:  8:00 a.m. to 4:30 p.m. (217) 789-2216 (Office) (217) 789-2144 (Fax)