7.5(q)

FOIA

Made confidential by the Personnel Record Review Act

Read the full statute text on /statutes →

Jump to the 6 issues decided under this provision, with a drafting brief ↓

0 upheld (no violation found) · 3 rejected (violation found) · 2 closed / insufficient info / other, out of 5 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 7.5(q)

Section 7.5(q) incorporates confidentiality protections found in other Illinois statutes. In these decisions, the relevant statute was the Personnel Record Review Act, which was invoked for performance evaluations, complaints against staff, and other personnel disciplinary material.

Requests involved schools, a park district, and other public bodies seeking evaluations, complaints, and personnel files. The PAC did not treat all personnel material the same. It upheld withholding of actual performance evaluations, but found a notice to remedy attached to a board resolution was not a confidential evaluation and found complaints that were not formal disciplinary actions did not qualify. Other matters were resolved on different grounds, such as privacy redactions or the absence of a duty to create aggregated records.

At a glance: 5 documents(0 binding opinions, 5 determination letters). Most often cited alongside: 7(1)(a) (Confidential under other federal or State law) (3); 7(1)(b) (Private information) (2); 7(1)(c) (Personal privacy) (2); 7(1)(j)(ii) (Peer evaluation of faculty) (1); 7(1)(q) (Licensing/employment exam questions and scoring keys) (1).

Recurring issues

Whether a notice to remedy attached to a school board resolution is a confidential performance evaluation. (An exhibit to a teacher's notice to remedy resolution)
Whether complaints against staff that do not document formal disciplinary action qualify for withholding under the Personnel Record Review Act. (Complaints and disciplinary records of school staff)
Whether a former employee can obtain their own past performance evaluations through FOIA when the Personnel Record Review Act applies. (Seasonal performance evaluations and interview scoring records)
Whether personnel-file disputes turn on privacy redactions or the duty to create records rather than statutory confidentiality. (Personnel files of three housing authority employees, Aggregated student survey data by instructor and course)

Practical points

Review complaint records to determine whether they document formal disciplinary action before withholding them as statutorily confidential.
Do not withhold a notice to remedy that was attached to a public board resolution as if it were a confidential performance evaluation.
Withhold actual performance evaluations when they are covered by the Personnel Record Review Act as referenced through FOIA.

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

All 5 documents citing 7.5(q)

Issues decided under 7.5(q)

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.

6 issues across 5 determination letters:2 violation found · 4 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

Ill. Att'y Gen. PAC Req. Rev. Ltr. 18779 cited 2 times
Johnson v. Joliet Police Department, 2018 IL App (3d) 170726 cited 1 times
Disciplinary records and citizen complaints for three police officers (PAC Req. Rev. Ltr. 39260) cited 1 times

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

The public body withheld records of complaints against staff that did not result in discipline. Records that do not document the imposition of discipline are not exempt under section 7.5(q) and section 8 of the PRRA.Based on: Complaints and disciplinary records of school s…
The public body withheld investigatory records (such as underlying investigation materials) rather than the actual disciplinary decision. Section 7.5(q) incorporates only PRRA section 8, which exempts records documenting the imposition of discipline, not the investigatory file.Based on: Disciplinary records and citizen complaints for…

When the public body usually wins

The public body withholds periodic, seasonal, or comprehensive performance evaluations. Section 11 of the PRRA prohibits disclosure of performance evaluations, and FOIA section 7.5(q) incorporates that exemption.Based on: An applicant's background check and polygraph r… · Seasonal performance evaluations and interview … · A transit district's bus driver personnel file
The public body withholds records documenting the imposition of discipline that are more than four years old. Section 8 of the PRRA permits withholding such records.Based on: Complaints and disciplinary records of school s…

Points to put in your letter

If the records you requested are complaints that did not lead to discipline, argue that they do not 'document the imposition of discipline' and therefore are not exempt under section 7.5(q) and section 8 of the Personnel Record Review Act.Based on: Complaints and disciplinary records of school s…
If the public body withheld investigatory records, point out that section 7.5(q) only exempts records documenting the imposition of discipline, not the underlying investigation.Based on: Disciplinary records and citizen complaints for…
If the public body claims the performance evaluation exemption, check whether the records are actually periodic comprehensive performance evaluations. Specific instances of misconduct are not protected by section 11 of the PRRA.Based on: An applicant's background check and polygraph r…

Common mistakes

Assuming that all personnel records are exempt under section 7.5(q). Only performance evaluations and records documenting discipline (if more than four years old) are exempt.Based on: Complaints and disciplinary records of school s… · Disciplinary records and citizen complaints for…
Failing to distinguish between a performance evaluation and a record of a specific instance of misconduct. The latter is not exempt under section 11.Based on: An applicant's background check and polygraph r…
Believing that investigatory records are automatically exempt under section 7.5(q). The exemption is limited to records documenting the imposition of discipline.Based on: Disciplinary records and citizen complaints for…
Not checking the age of discipline records. Records documenting discipline that are four years old or less may not be withheld under section 8.Based on: Complaints and disciplinary records of school s…

Facts to gather first

Whether the requested records are performance evaluations, complaints, investigatory files, or disciplinary records.
If disciplinary records, the date the discipline was imposed (to determine if more than four years old).
Whether the records document the actual imposition of discipline or are only complaints or investigation materials.
The specific exemption cited by the public body in its denial letter.

These notes are based on a limited set of non-binding determination letters; outcomes depend on specific facts and the current state of the law. Always verify the full PDF decisions.

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-7-5-q.json.

TOPIC: 5 ILCS 140/7.5(q) - Made confidential by the Personnel Record Review Act
SOURCE: Illinois Attorney General Public Access Bureau decisions compiled at https://illinoisfoia.org/exemptions/7-5-q/
NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law. Verify every decision against the source PDF before citing it.

VIOLATION FOUND (2):
- Withholding complaint records not reflecting disciplinary action
  Rule: Records of complaints against staff that do not document the imposition of discipline are not exempt under section 7.5(q).
  Decision: Complaints and disciplinary records of school staff (non-binding determination letter, June 1, 2023) https://illinoisfoia.org/opinions/letter-56359/
- Withholding investigatory records under FOIA 7.5(q) and PRRA
  Rule: Section 7.5(q) incorporates only PRRA section 8, which permits deletion of records documenting the imposition of discipline, not underlying investigatory records.
  Decision: Disciplinary records and citizen complaints for three police officers (non-binding determination letter, February 11, 2016) https://illinoisfoia.org/opinions/letter-39260/

NO VIOLATION (4):
- Withholding seasonal performance evaluations under FOIA
  Rule: Section 11 of the Personnel Record Review Act prohibits disclosure of performance evaluations in response to a FOIA request, so the District properly withheld them.
  Decision: Seasonal performance evaluations and interview scoring records (non-binding determination letter, May 8, 2024) https://illinoisfoia.org/opinions/letter-81205/
- Section 7.5(q) withholding of performance evaluations
  Rule: Section 11 of the PRRA prohibits disclosure of periodic comprehensive performance evaluations, but not specific instances of misconduct.
  Decision: An applicant's background check and polygraph records (non-binding determination letter, May 15, 2024) https://illinoisfoia.org/opinions/letter-69962/
- Withholding disciplinary records more than four years old
  Rule: Section 8 of the PRRA permits withholding records documenting the imposition of discipline that are more than four years old.
  Decision: Complaints and disciplinary records of school staff (non-binding determination letter, June 1, 2023) https://illinoisfoia.org/opinions/letter-56359/
- Performance evaluations
  Rule: Performance evaluations are exempt from disclosure under section 7.5(q) of FOIA and section 11 of the PRRA.
  Decision: A transit district's bus driver personnel file (non-binding determination letter, April 13, 2018) https://illinoisfoia.org/opinions/letter-40605/

MOST-CITED AUTHORITIES: Ill. Att'y Gen. PAC Req. Rev. Ltr. 18779; Johnson v. Joliet Police Department, 2018 IL App (3d) 170726; Ill. Att'y Gen. PAC Req. Rev. Ltr. 39260

TASK FOR THE ASSISTANT: Using only the decisions above, help draft a letter. Argue from the rule and cite the decision by name and date. Do not invent decisions.

Violation found (2)

Withholding complaint records not reflecting disciplinary action
Rule: Records of complaints against staff that do not document the imposition of discipline are not exempt under section 7.5(q).
Violation found Complaints and disciplinary records of school staff · June 1, 2023
Withholding investigatory records under FOIA 7.5(q) and PRRA
Rule: Section 7.5(q) incorporates only PRRA section 8, which permits deletion of records documenting the imposition of discipline, not underlying investigatory records.
Violation found Disciplinary records and citizen complaints for three police officers · February 11, 2016

No violation (4)

Withholding seasonal performance evaluations under FOIA
Rule: Section 11 of the Personnel Record Review Act prohibits disclosure of performance evaluations in response to a FOIA request, so the District properly withheld them.
No violation Seasonal performance evaluations and interview scoring records · May 8, 2024
Section 7.5(q) withholding of performance evaluations
Rule: Section 11 of the PRRA prohibits disclosure of periodic comprehensive performance evaluations, but not specific instances of misconduct.
No violation An applicant's background check and polygraph records · May 15, 2024
Withholding disciplinary records more than four years old
Rule: Section 8 of the PRRA permits withholding records documenting the imposition of discipline that are more than four years old.
No violation Complaints and disciplinary records of school staff · June 1, 2023
Performance evaluations
Rule: Performance evaluations are exempt from disclosure under section 7.5(q) of FOIA and section 11 of the PRRA.
No violation A transit district's bus driver personnel file · April 13, 2018