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Illinois FOIA & OMA Reference

7(1)(f)

FOIA

Preliminary drafts, notes, and deliberative materials

Preliminary drafts, notes, and deliberative materials (pre-decisional "draft" exemption)

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Read the full statute text on /statutes →

Jump to the 51 issues decided under this provision, with a drafting brief ↓

12 upheld (no violation found) · 35 rejected (violation found) · 8 partial violation · 3 closed / insufficient info / other, out of 58 documents.

Not legal advice, and not a per-exemption ruling — this reflects each document's overall disposition. See the FAQ disclaimer.

How the Public Access Counselor has treated 7(1)(f)

Section 7(1)(f) covers preliminary drafts, notes, recommendations and memoranda in which opinions are expressed or policies or actions are formulated, generally for pre-decisional, deliberative material. To apply, a record must be both created before a decision and reflect deliberation rather than purely factual information.

In these decisions, the Public Access Counselor has applied the exemption narrowly and most often found its use improper. Claims were rejected for factual data such as traffic counts, crime statistics and staffing calendars, for verbatim recordings, appointment calendars, resignation letters and communications with outside parties, and for materials that did not show pre-decisional deliberation. The Counselor upheld withholding in limited cases involving employee survey responses used for an evaluation and internal communications about program decisions.

At a glance: 58 documents from 2012 to 2025(19 binding opinions, 39 determination letters). Most often cited alongside: 7(1)(c) (Personal privacy) (20); 7(1)(b) (Private information) (15); 7(1)(m) (Attorney/auditor communications and litigation-preparation materials) (15); 7(1)(a) (Confidential under other federal or State law) (8); 7(1)(d) (Law-enforcement/administrative-proceeding records) (3).

Recurring issues

Practical points

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.

All 58 documents citing 7(1)(f)

Issues decided under 7(1)(f)

Individual questions the Public Access Bureau decided under this provision, with the rule it applied, grouped by outcome. Extracted automatically from the letters; check each source letter.

51 issues across 38 determination letters:25 violation found · 26 no violation.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

Authorities the Bureau cites most on this issue

How to challenge a denial on this issue

AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.

When a challenge is strong

When the public body usually wins

Points to put in your letter

Common mistakes

Facts to gather first

  • Whether the record was sent to or received from an outside party with its own interests (e.g., a contractor, union, community group).
  • Whether the record contains only factual data, such as statistics, dates, or background information, without opinions or recommendations.
  • Whether the head of the public body publicly mentioned or relied on the specific record in a public statement or meeting.
  • Whether the record is a final version of a policy, training manual, or decision, rather than a draft.

These notes are based on non-binding determination letters; outcomes depend on specific facts, and you should verify the full text of any cited decision.

Drafting brief for an AI assistant

Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: foia-7-1-f.json.

Violation found (25)

  • Withholding third-party tax incentive applications under section 7(1)(f)

    Rule: Section 7(1)(f) exempts only inter- or intra-agency predecisional deliberative materials; applications submitted by third parties to advance their own interests are not such materials.

    Violation found Tax incentive program applications · June 13, 2025

  • Redaction of K-Five email under section 7(1)(f)

    Rule: Section 7(1)(f) does not exempt communications with a third-party contractor whose interests are not aligned with the public body's interests.

    Violation found Emails with a contractor about curb and gutter work · November 19, 2024

  • Redaction of emails with Illini Guardians and ICON

    Rule: Third-party communications are exempt only if the third party acts as a consultant without independent interests; the University failed to meet its burden.

    Violation found Athletic department correspondence with an NIL group · November 22, 2024

  • Denial of math calculations as work product

    Rule: Purely factual material is not exempt under section 7(1)(f) unless intertwined with predecisional discussions; sales ratio statistics and assessment comments are factual and must be disclosed, but a handwritten calculation reflecting a preliminary step may be redacted.

    Violation found Property assessment documentation and calculations · March 26, 2025

  • Withholding emails with employee under 7(1)(f)

    Rule: Predecisional communications with an employee who is not part of the decision-making process are not deliberative and cannot be withheld under the deliberative process exemption.

    Violation found Emails about a school employee's compensation · June 21, 2024

  • Section 7(1)(f) exemption for Bench Book

    Rule: The Bench Book is established policy and training material, not predecisional deliberative material, so it is not exempt under section 7(1)(f).

    Violation found An administrative law judge bench book on vehicle enforcement · March 17, 2023

  • Section 7(1)(f) redactions of slide deck

    Rule: Factual material and final decisions are not exempt as deliberative; only predecisional opinions on slides 55 and 56 were properly withheld.

    Violation found A slide deck on civil unrest emergency response strategies · October 13, 2022

  • Section 7(1)(f) withholding of background check records

    Rule: Predecisional deliberative material may be withheld, but purely factual information and third-party opinions are not exempt.

    Violation found An applicant's background check and polygraph records · May 15, 2024

  • Withholding inter-agency emails with Public Defender under 7(1)(f)

    Rule: The deliberative process exemption does not apply to communications between public bodies with opposing interests, as they are not inter- or intra-agency.

    Violation found Emails between four individuals over three months · July 18, 2023

  • Section 7(1)(f) redaction of Six Corners Chamber e-mail

    Rule: A third-party communication with an entity representing independent interests is not exempt under section 7(1)(f).

    Violation found Emails about a city-owned parking lot sale · September 27, 2022

  • Section 7(1)(f) redaction of utilization rate tables

    Rule: Purely factual information not inextricably intertwined with predecisional discussions is not exempt under section 7(1)(f).

    Violation found Emails about a city-owned parking lot sale · September 27, 2022

  • Section 7(1)(f) exemption for community communications

    Rule: Section 7(1)(f) does not exempt unsolicited communications from third parties with independent interests that are not part of the public body's internal deliberative process.

    Violation found Communications about scheduling make-up school days · September 11, 2023

  • Section 7(1)(f) deliberative process redaction

    Rule: Factual use of force reports are not deliberative, but notations on whether force was effective may be redacted.

    Violation found Police use-of-force reports for 2017 · September 13, 2018

  • Redacting inter-agency letter under deliberative process exemption

    Rule: Because the letter's corrective actions are not privileged under the Medical Studies Act, they are not exempt as inter-agency communications under section 7(1)(f).

    Violation found An internal investigation into a professor's research and IRB process · February 1, 2019

  • Section 7(1)(f) exemption for case status data

    Rule: Section 7(1)(f) does not exempt purely factual material; CPD failed to show the case status data was deliberative.

    Violation found Police case reports and an internal software manual · May 7, 2018

  • Draft contract proposals and language under 7(1)(f)

    Rule: Draft proposals exchanged with a third-party union are not intra-agency deliberative material and are not exempt under 7(1)(f).

    Violation found Draft contract language and salary schedules from union negotiations · June 30, 2016

  • Training records

    Rule: Training records consisting of schedules and outlines with dates, times, instructor names, and routes are factual and not predecisional or deliberative.

    Violation found A transit district's bus driver personnel file · April 13, 2018

  • Withholding emails under section 7(1)(f)

    Rule: Pre-decisional deliberative records may be withheld, but records reflecting a final decision are not exempt and must be disclosed.

    Violation found A school official's emails about morning announcements · June 30, 2016

  • Withholding PowerPoint training materials under section 7(1)(f)

    Rule: Training materials that disseminate established policy are neither predecisional nor deliberative and are not exempt under section 7(1)(f).

    Violation found Budget reports by a state budget office consultant · January 4, 2016

  • Section 7(1)(f) exemption for records concerning staffing communications

    Rule: Records that are purely factual and do not reflect deliberative give-and-take are not exempt as predecisional deliberative material under section 7(1)(f).

    Violation found Correspondence about state hiring sent to a revenue department · February 26, 2016

  • Section 7(1)(f) exemption for e-mails

    Rule: E-mails exchanging factual information between an investigator and a school official are not predecisional deliberative material and cannot be withheld under the deliberative process exemption.

    Violation found Emails about an investigation into a school district's finances · November 23, 2015

  • Withholding factual and third-party emails under section 7(1)(f)

    Rule: Purely factual material and communications sent to third parties do not reflect a deliberative process and are not exempt under section 7(1)(f).

    Violation found Correspondence between a governor's office and a former agency director · March 31, 2016

  • Section 7(1)(f) preliminary drafts exemption for budget documents

    Rule: A public body may not withhold preliminary drafts under section 7(1)(f) when the head of the body publicly cites and identifies the records, waiving the exemption.

    Violation found A budget comparison document presented to a board · July 19, 2018

  • General contractor draft proposals as intra-agency records

    Rule: A third party with its own financial interest in the decision is not part of the public body, so its proposals are not intra-agency records exempt under section 7(1)(f).

    Violation found Construction cost projections for parking garages · December 31, 2013

  • City Manager memorandum to City Council

    Rule: A memorandum that merely provides factual background and requests input, without expressing opinions or formulating policy, is not exempt under section 7(1)(f).

    Violation found Construction cost projections for parking garages · December 31, 2013

No violation (26)

  • Redaction of emails on pending FOIA requests under 7(1)(f)

    Rule: Emails among Department staff deliberating how to respond to FOIA requests are predecisional and deliberative, and thus exempt under section 7(1)(f).

    No violation Communications and a legal memo from a city planning department · March 26, 2025

  • Redaction of emails on Zoning Board rules under 7(1)(f)

    Rule: Emails between Department staff and alderman's office deliberating on Zoning Board rules are inter-agency predecisional communications exempt under section 7(1)(f).

    No violation Communications and a legal memo from a city planning department · March 26, 2025

  • Withholding draft advertisements under section 7(1)(f)

    Rule: Unadopted versions of advertisements are preliminary drafts that reveal predecisional deliberative process, even if completed and paid for, so they are exempt from disclosure.

    No violation Draft advertisements for a public safety sales tax · December 23, 2024

  • Redaction of predecisional deliberative records under section 7(1)(f)

    Rule: Section 7(1)(f) exempts predecisional deliberative material even after the underlying policy proposal is not adopted or circumstances change.

    No violation Internal communications on a property development project · August 2, 2024

  • Applicants' individual score sheets withheld under section 7(1)(f)

    Rule: Internal evaluator score sheets are predecisional and deliberative because they reflect employees' opinions later aggregated to derive final scores.

    No violation Applications, scores, and evaluation notes for cultural districts program · November 22, 2024

  • Aggregate score sheet withheld under section 7(1)(f)

    Rule: Aggregate scores are predecisional deliberative material because they are not dispositive of the final designation decision.

    No violation Applications, scores, and evaluation notes for cultural districts program · November 22, 2024

  • Public citation and identification waiver of section 7(1)(f)

    Rule: No waiver because the head of DCEO did not publicly cite and identify the specific evaluative records, which did not exist at the time of the press conference.

    No violation Applications, scores, and evaluation notes for cultural districts program · November 22, 2024

  • Public interest balancing under section 7(1)(f)

    Rule: Section 7(1)(f) does not involve weighing the public interest in disclosure; it exempts predecisional and deliberative records regardless of public interest.

    No violation Applications, scores, and evaluation notes for cultural districts program · November 22, 2024

  • Withholding employer response under section 7(1)(f)

    Rule: Section 7(1)(f) exempts predecisional deliberative material, including third-party communications that play the same part in agency deliberation as internal documents.

    No violation Communications about a police background investigation for employment · July 26, 2024

  • Redaction of Real Estate Strategic Plan under section 7(1)(f)

    Rule: Consultant reports containing predecisional opinions and recommendations relied upon by the public body are exempt under section 7(1)(f).

    No violation Pension fund's redacted Real Estate Strategic Plan · February 13, 2024

  • Waiver of section 7(1)(f) by public citation and identification

    Rule: The head of the public body did not publicly cite and identify the record, so the exemption was not waived.

    No violation Pension fund's redacted Real Estate Strategic Plan · February 13, 2024

  • Whether redactions under section 7(1)(f) were proper

    Rule: Predecisional and deliberative material related to the formulation of agency policy is exempt from disclosure.

    No violation A mayor's text messages with city officials · March 23, 2022

  • Section 7(1)(f) redactions of internal deliberative communications

    Rule: Predecisional and deliberative internal communications reflecting the give and take of the deliberative process are exempt under section 7(1)(f).

    No violation Emails about a city-owned parking lot sale · September 27, 2022

  • Withholding draft and final Fire Study under section 7(1)(f)

    Rule: A consultant's finished report prepared to assist a public body's deliberative process is exempt under section 7(1)(f), even if final, when factual content is intertwined with deliberative material.

    No violation A consultant's study of a fire department's operations · September 9, 2021

  • Waiver of section 7(1)(f) by publicly citing and identifying the Fire Study

    Rule: Approving invoices does not constitute publicly citing and identifying a record; the head of the public body must publicly refer to the record to support a policy or course of action.

    No violation A consultant's study of a fire department's operations · September 9, 2021

  • Section 7(1)(f) withholding of notes and drafts

    Rule: Preliminary notes and drafts reflecting mental impressions and deliberative process are exempt under 7(1)(f).

    No violation Misconduct complaint records involving two city employees · August 31, 2020

  • Withholding of predecisional deliberative emails under section 7(1)(f)

    Rule: Section 7(1)(f) exempts predecisional deliberative communications, including intertwined factual material, unless publicly cited by the public body's head.

    No violation Correspondence about classroom observations and integration · February 7, 2019

  • Section 7(1)(f) exemption for consultant's report

    Rule: A consultant's report reflecting predecisional and deliberative material is exempt from disclosure unless the head of the public body publicly cites and identifies it.

    No violation Consultant's review of university athletics operations and contract · July 3, 2018

  • Withholding records under section 7(1)(f) deliberative process exemption

    Rule: Section 7(1)(f) exempts predecisional, deliberative inter-agency communications expressing opinions or recommendations unless publicly cited by the public body head.

    No violation Correspondence between state attorneys general on environmental policy · August 24, 2016

  • Confidential memorandum to Board under 7(1)(f)

    Rule: A predecisional intra-agency memorandum containing analysis and recommendations is exempt under 7(1)(f) if not publicly cited by the public body's head.

    No violation Draft contract language and salary schedules from union negotiations · June 30, 2016

  • Survey responses withheld under section 7(1)(f)

    Rule: Employee survey responses containing opinions used in a public body's deliberative decision-making process are predecisional materials exempt from disclosure under section 7(1)(f).

    No violation An employee survey from 2015 · May 12, 2016

  • Withheld consultant records exempt as preliminary deliberative material

    Rule: Consultant-prepared records reflecting predecisional intra-agency deliberation for a public body fall within the section 7(1)(f) preliminary records exemption.

    No violation Technical specifications for a waste water treatment plant · September 25, 2015

  • Publicly cited and identified exception not triggered

    Rule: The section 7(1)(f) exemption applies because the mayor, the head of the public body, did not cite or identify the withheld records.

    No violation Technical specifications for a waste water treatment plant · September 25, 2015

  • Withholding deliberative predecisional records under section 7(1)(f)

    Rule: Predecisional inter-agency and intra-agency records expressing opinions or recommendations are exempt from disclosure when not publicly cited by the public body's head.

    No violation Correspondence between a governor's office and a former agency director · March 31, 2016

  • Assistant City Manager's handwritten notes redaction

    Rule: Predecisional notes reflecting an employee's opinions are exempt under section 7(1)(f) unless the head of the public body publicly cited and identified them.

    No violation Construction cost projections for parking garages · December 31, 2013

  • Withholding of emails under section 7(1)(f)

    Rule: Public statement about a subject without citing or identifying specific records does not waive the deliberative process exemption.

    No violation Records on animal use in a medical residency program · February 21, 2017