FOIADetermination Letter (non-binding)Closed no further actionFees & Burdensome Requests

University of Illinois FOIA extension not ripe for PAC review because request not yet denied

The requester challenged the University's invocation of a statutory five-day extension to respond to a FOIA request.

Date issued: April 15, 2019
Request number(s): 57623
Public body: University of Illinois
Statute(s): 5 ILCS 140/9.5
Outcome: Closed due to lack of jurisdiction

Plain-language summary

A requester complained to the Attorney General because the University of Illinois used a legal extension to delay answering their FOIA request. The Attorney General's office closed the case, explaining that they can only review complaints where a request has been formally denied, not just delayed.

Legal question

Does the Public Access Counselor have jurisdiction to review a FOIA request that has been extended by a public body but not yet denied?

Holding

The PAC determined that no further action was warranted because the requester filed a Request for Review before the public body had actually denied the FOIA request.

Summary

The requester challenged the University of Illinois's decision to extend the FOIA response deadline, but the PAC determined it lacked jurisdiction because the request had not yet been denied.

FOIA response deadlineextensionjurisdictiondenial

Reading view (559 words)

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Dear

This determination is issued pursuant to section 9. 5( c) of the Freedom of Information Act ( FOIA) (5 ILCS 140/ 9. 5( c) ( West 2016)). For the reasons set forth below, the Public Access Bureau has determined that no further action is warranted as to this matter.

On April 1, 2019, you submitted a FOIA request to the University of Illinois University) seeking all records concerning a particular employee. The University informed you that because your FOIA request was submitted after business hours on April 1, 2019, it was not received by the University until April 2, 2019. On April 9, 2019, the University extended the time for its response to your FOIA request by five business days pursuant to sections 3( e)( i) and 3( e)( vi) ofFOIA (5 ILCS 140/ 3( e)( i),( e)( vi) ( West 2016)) The University stated that it would respond to your FOIA request by April 16, 2019. The same day, you filed this Request for Review contending that the University improperly extended the response period.

Section 9. 5( a) of FOIA ( 5 ILCS 140/ 9. 5( a) ( West 2016)) provides that "[ a] person whose request to inspect or copy a public record is denied by a public body * * * may file a request for review with the. Public Access Counselor[.]" .( Emphasis added.) Your Request for Review does not allege that your request was denied, but rather that the University improperly claimed the statutory extension. The Illinois Appellate Court has determined that, " the plain language of FOIA gives a public body in receipt of a records request the unilateral ability to extend its own response deadline by five days." Sargent Shriver National Center on Poverty Law, Inc. v, The Board of Education of the City of Chicago, 2018 IL App ( 1st) 171846, ¶ 25, N.E3d _ ( 2018). Based on the available information, the University timely exercised its statutory right to extend the time for response, and had not yet denied your FOIA request at the time you submitted your Request for Review. Accordingly, because this office' s lacks jurisdiction to review this matter, we have determined that no further inquiry is warranted in this matter.

This file is closed. If you have any questions, you may contact me at ( 217) 782- 9054, mhartman@atg. state.il.us, or the Springfield address listed on the first page ofthis letter.

Very truly yo rs, RTMAN Assistant Attorney General Public Access Bureau 57623 f no fi war univ

Notes from the original PDF (1)

cc: Via electronic mail Mr. Thomas P Hardy Executive Director and Chief Records Officer University of Illinois 108 Henry Administration Building 506 South Wright Street, MC -370 Urbana, Illinois 61801 foia@uillinois. edu