A requester asked for copies of their own medical and classification records from the Will County Sheriff's Office and requested that the copying fees be waived due to financial hardship. The Attorney General's office found that while FOIA allows for free copies of the first 50 pages, public bodies have the legal choice to decide whether to waive fees for additional pages. Because the Sheriff's Office followed the law regarding standard fees and was not required to grant a waiver, the PAC closed the case.
Legal question
Does a public body have a mandatory duty under FOIA to waive copying fees for an indigent requester?
Holding
The Sheriff's Office did not violate FOIA by denying a fee waiver, as the statute grants public bodies the discretion to waive or reduce fees.
Summary
The requester challenged the Will County Sheriff's Office's refusal to waive copying fees for medical and classification records, claiming indigency. The PAC determined that under FOIA, fee waivers are discretionary and the per-page fee charged was statutorily authorized.
feesfee waiverindigencycopying costs
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Dear Ms.
This determination letter is issued pursuant to section 9. 5( c) of the Freedom of Information Act ( FOIA) ( 5 ILCS 140/ 9. 5( c) ( West 2014)). For the reasons that follow, the Public Access Bureau concludes that no further action is warranted on these matters.
On October 27, 2018, you submitted a FOIA request to the Will County Adult Detention Facility ( Detention Facility), which is part of the Will County Sheriffs Office Sheriffs Office), seeking copies of medical records and certain other information. On October 30, 2018, the Sheriffs Office responded by providing free copies of fifty pages of records and stating that the fee for the remaining 103 pages is $ 15. 45, or fifteen cents per page. Your Request for Review ( 2018 PAC 55719) asserted that you are indigent and entitled to a fee language of section 6( c) of FOIA, a public body has the discretion to decide whether to waive or reduce copying fees. Because FOIA does not require the Sheriffs Office to grant the fee waivers you requested and because its fee of. 15 cents per page is authorized by section 6( b) of FOIA, this office concludes that no further action is warranted as to these matters.
These files are closed. If you have any questions, you may contact me at the Chicago address listed on the bottom of the first page.
Very truly yours,
STEVE SILVERMAN
Bureau Chief Public Access Bureau 55719 55720 f no fi war county
Notes from the original PDF (2)
waiver. On November 2, 2018, you submitted another FOIA request to the Detention Facility seeking your classification record. On November 7, 2018, the Sheriffs Office provided free copies of fifty pages of records and stated that the fee for the remaining 121 pages is $ 18. 15, or fifteen cents per page. You Request for Review ( 2018 PAC 55720) again asserted that you are entitled to a fee waiver. Section 6( b) of FOIA ( 5 ILCS 140/ 6( b) ( West 2016)) provides: " No fees shall be charged for the first 50 pages of black and white, letter or legal sized copies requested by a requester. The fee for black and white, letter or legal sized copies shall not exceed 15 cents per page." Section 6( c) of FOIA ( 5 ILCS 140/ 6( c) ( West 2016)) further provides that "[ d] ocuments shall be furnished without charge or at a reduced charge, as determined by the public body, if the person requesting the documents states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest." ( Emphasis added). Thus, under the plain 100 West Randolph Street, Chicago, Illinois, 60601 • ( 312) 814- 3000 • TTY: ( 312) 814- 3374 • Fax: ( 312) 814- 3806 1001 East Main, Carbondale, Illinois 62901 • ( 618) 529- 6400 • TTY: ( 618) 529- 6403 • Fax: ( 618) 529- 6416
cc: Ms. Christine Miller FOIA Officer Will County Sheriffs Office 95 South Chicago Street Joliet, Illinois 60436