FOIA section 7(1)(p)

FOIA

Collective bargaining negotiation records

5 ILCS 140/7(1)(p). Collective bargaining negotiation records (final contracts stay public)

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3 issues across 3 determination letters:2 violation found · 1 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 Determination letters are not binding precedent.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

Kalven v. City of Chicago, 2013 IL App (1st) 121846, ¶24, 7 N.E.3d 741, 748 (2013) cited 2 times
Ill. Att'y Gen. PAC Req. Rev. Ltr. 32159 cited 2 times
Invoices for legal services to a city (Pub. Acc. Op. No. 14-002) cited 2 times

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-p.json.

TOPIC: 5 ILCS 140/7(1)(p) - Collective bargaining negotiation records
SOURCE: Illinois Attorney General Public Access Bureau decisions compiled at https://illinoisfoia.org/issues/foia-7-1-p/
NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law.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):
- Section 7(1)(p) exemption for community communications
  Rule: Section 7(1)(p) does not exempt unsolicited communications from third-party community members who were not participants in the collective bargaining process.
  Decision: Communications about scheduling make-up school days (non-binding determination letter, September 11, 2023) https://illinoisfoia.org/opinions/letter-58746/
- Withholding of records relating to collective negotiating matters under section 7(1)(p)
  Rule: Section 7(1)(p) applies only to records of an active or imminent collective bargaining process, not discussions that merely could lead to bargaining.
  Decision: Correspondence about classroom observations and integration (non-binding determination letter, February 7, 2019) https://illinoisfoia.org/opinions/letter-53659/

NO VIOLATION (1):
- Draft proposals and preliminary contract language under 7(1)(p)
  Rule: Records constituting the substance of ongoing collective negotiations between a public body and its employees' representatives are exempt under 7(1)(p).
  Decision: Draft contract language and salary schedules from union negotiations (non-binding determination letter, June 30, 2016) https://illinoisfoia.org/opinions/letter-41667/

MOST-CITED AUTHORITIES: Kalven v. City of Chicago, 2013 IL App (1st) 121846, ¶24, 7 N.E.3d 741, 748 (2013); Ill. Att'y Gen. PAC Req. Rev. Ltr. 32159; Ill. Att'y Gen. Pub. Acc. Op. No. 14-002

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)

Section 7(1)(p) exemption for community communications
Rule: Section 7(1)(p) does not exempt unsolicited communications from third-party community members who were not participants in the collective bargaining process.
Violation found Communications about scheduling make-up school days · September 11, 2023
Withholding of records relating to collective negotiating matters under section 7(1)(p)
Rule: Section 7(1)(p) applies only to records of an active or imminent collective bargaining process, not discussions that merely could lead to bargaining.
Violation found Correspondence about classroom observations and integration · February 7, 2019

No violation (1)

Draft proposals and preliminary contract language under 7(1)(p)
Rule: Records constituting the substance of ongoing collective negotiations between a public body and its employees' representatives are exempt under 7(1)(p).
No violation Draft contract language and salary schedules from union negotiations · June 30, 2016