Freedom of Information Act (FOIA) Overview
The purpose of the Freedom of Information Act is to ensure that all persons are entitled to full and complete information regarding the affairs of government, and the official acts and policies of those who represent them as public officials.
The principle mandate of the Act provides that each public body shall make available to any person for inspection, or upon submission of a written request, to provide copies of any requested records that are subject to disclosure under the Act. Not all records are subject to disclosure, and the Act provides a number of exemptions.
This Act is not intended to be used to violate individual privacy, nor for the purpose of furthering a commercial enterprise, or to disrupt the duly-undertaken work of any public body independent of the fulfillment of any of the rights of the people to access the information (5 ILCS 140/1).
Response Time for FOIA Requests
All written FOIA requests will receive a response within five (5) working days, as required by Illinois law (5 ILCS 140/3), beginning the day after the request is received by the Department Head or their designee.
Requests submitted for commercial purposes will be handled within twenty-one (21) working days. Within that time, DuPage County will either: provide an estimated timeline and potential fees to fulfill the request, deny the request based on a statutory exemption, notify the requester if the request is unduly burdensome and allow it to be revised, or provide the requested records.
If a request involves a large volume of documents, records stored in multiple locations, or other circumstances that prevent completion within the initial five-day period, the requester may be notified of a five (5) working day extension.
Denial of FOIA Requests
Township employees strive to provide available information whenever it is requested by the public. However, all information released or withheld under the Freedom of Information Act (FOIA) must comply with the requirements of the law. Certain records may be exempt from disclosure under specific provisions of the Act (5 ILCS 140/3(g), 7, and 7.5).
If a request for public records is denied, the Township will notify the requester in writing within five (5) working days, or within any legally permitted extension period. The denial letter will explain the reason for the decision and will include the names and titles of the individuals responsible for the denial.
Instructions for Requesting Information and Public Records
For detailed instructions on submitting a FOIA request, please refer to the FOIA Request Information Page.
Appealing a FOIA Request Denial
If access to inspect or copy a public record is denied, the requester has the right to appeal the decision by submitting a written notice to the Public Access Counselor at the following address:
Cara Smith
Public Access Counselor
Office of the Attorney General
500 S. 2nd Street
Springfield, Illinois 62706
Phone: 312-814-5526 or 1-877-299-FOIA (1-877-299-3642)
Fax: 217-782-1396
Email: [email protected]
You may also seek judicial review of the denial by filing a lawsuit in the State Circuit Court (5 ILCS 140/11).
Additional resources:
- Illinois FOIA FAQs (PDF)
- FOIA – Request for Review by Public Access Counselor (PAC) Form (PDF)
For more information about the Freedom of Information Act, please visit the Illinois Attorney General’s website.