Initiating body:	General Counsel
Contact:	General Counsel (438-8999)
Revised on:	08/2006

7.1.5 Freedom of Information Act Implementation Rules

All requests for access to information pursuant to the Illinois Freedom of Information Act must be referred to the Public Records Officer for response.

Policy

The Illinois Freedom of Information Act (“Act”)  requires public bodies to provide public access to government documents and records. As a public body under the Act, Illinois State University is required to comply with the Act.  The Act requires that records, regardless of physical form, possessed by or under the control of any public body be made accessible to anyone who wishes to see them, except as otherwise provided in the Act.

 In a democracy, there is a presumption that citizens are entitled to "full and complete information regarding the affairs of government and the official Acts and policies of those who represent them." The Act does, however, recognize that in order to enable public bodies to perform certain governmental functions properly and to protect personal privacy, some records and information need to be kept confidential.

As a general principle, public bodies are not required to create new records to respond to requests for information, if the body does not ordinarily maintain the requested information in record form.

Therefore, requests to inspect or obtain copies of public records maintained by the University must be allowed, unless those records (or portions thereof) fall within one or more of the exemptions enumerated in the Act.  Some of the exemptions that may be relevant to requests received by the University include:

1. Information that, if disclosed, would constitute a clearly unwarranted invasion of privacy, (unless disclosure is consented to in writing by the individual who is the subject of the information) including personnel files and personal information maintained with respect to students, employees, and applicants for positions.
2. Information specifically prohibited from disclosure by federal or state law, or rules and regulations adopted under federal or state law.
3. Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated (except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the President of the University).
4. Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate the procurement process or give an unfair advantage, until an award or final selection is made.
5. Test questions, scoring keys and other examination data used to administer an academic examination or determined the qualifications of an applicant for employment.
6. Information received by the University under its procedures for the evaluation of faculty members by their academic peers.
7. Information concerning the University’s adjudication of student or employee grievance or disciplinary cases.
8. Course materials or research materials used by faculty members.
9. Information related solely to the internal personnel rules and practices of the University.
10. Administrative or technical information associated with automated data processing operations, and any other information that would jeopardize the security of the system or its data contained therein.

A complete listing of exemptions can be found in Section 7 of the Act (look for "5ILCS 140/7").

Public Records Officer

In the normal course of business, offices on campus may receive numerous inquiries for information.  This policy is not intended to inhibit that normal exchange of information.  However, any request made specifically under the Act, or any request that appears to be covered by an exemption under the Act, must be referred to the Public Records Officer.

 The Director of Media Relations is the Public Records Officer for Illinois State University.  All requests for access to information under the Illinois Freedom of Information Act must be forwarded to the Public Records Officer.  All relevant information must be turned over for review to the Public records Officer who will determine,  in consultation with the General Counsel if necessary, what information is responsive to the request and if there is any information which falls into an exception .

 The documents may be viewed in Media Relations without charge, or a copy may be obtained at the rate of twenty-five cents per page. If the documents are to be sent by United States mail, there is also a charge for postage. Printed copies of records will be provided only after payment is received by Media Relations.

The Public Records Officer will notify the requestor within seven working days, or within any extended deadline, the status of his or her request. The notification will be in the form of a letter that explains the reasons for the denial.

Appeals

Appeals of a university decision to redact information from, or deny access to, public records should be submitted to Illinois State University’s President, 421 Hovey Hall, Campus Box 1000, Normal, IL, 61790-1000.

This policy is not intended to provide a complete explanation of the legal requirements of the Act. The best source for that information is the Illinois Attorney General's Guide and the Act itself.