FOIADetermination Letter (non-binding)Closed no further actionPersonnel & Student Records

Chicago Park District properly withheld performance evaluations under Personnel Record Review Act

The requester sought access to their own seasonal performance evaluations and interview scoring records.

Date issued: May 8, 2024
Request number(s): 81205
Public body: Chicago Park District
Statute(s): 5 ILCS 140/7.5(q)820 ILCS 40/11
Exemption(s) discussed: 7(1)(b) — Private information 7(1)(q) — Licensing/employment exam questions and scoring keys 7.5(q) — Statutorily-confidential record set referenced via Sec. 7.5(q)
Outcome: Closed, no further action

Plain-language summary

A former employee asked the Chicago Park District for copies of their past performance evaluations. The PAC explained that while employees have a right to see their own personnel files under a different law, FOIA specifically forbids public bodies from releasing performance evaluations. Because the law prohibits these records from being released through a FOIA request, the PAC closed the case.

Legal question

Whether performance evaluations are exempt from disclosure under FOIA pursuant to section 11 of the Personnel Record Review Act.

Holding

The Chicago Park District properly withheld the requested performance evaluations because they are exempt from disclosure under FOIA pursuant to the Personnel Record Review Act.

Summary

A requester sought their own seasonal performance evaluations from the Chicago Park District, which the District denied citing FOIA exemptions. The PAC determined that the Personnel Record Review Act explicitly prohibits the disclosure of performance evaluations via FOIA, and therefore closed the file.

personnel recordsperformance evaluationsemployee rightsPersonnel Record Review Act

Reading view (473 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 2022), as amended by Public Act 103- 069, effective January 1, 2024). For the reasons set forth below, the Public Access Bureau has determined that no further action is warranted.

On March 28, 2024, you submitted a FOIA request to the Chicago Park District District) seeking copies of your seasonal evaluations for seven specified forestry seasons and your interview scoring for the junior tree surgeon position. On April 25, 2024, the District granted, in part, and denied, in part, the request pursuant to sections 7(1)(b), 7(1)(q), and 7.5(q) of FOIA.1, 2 On May 1, 2024, this office received your complete Request for Review contesting the withholding of your seasonal evaluations. You questioned why the evaluations were withheld when you have previously received copies of them.

Section 7.5(q) of FOIA exempts from disclosure "information prohibited from being disclosed by the Personnel Record Review Act." Section 11 of the Personnel Record Review Act (820 ILCS 40/11 (West 2022)) provides: "This Act shall not be construed to Because section 11 of the Personnel Record Review Act prohibits disclosure of performance evaluations in response to a FOIA request, the Public Access Bureau has determined that no further action is warranted in this matter. You may wish to follow up with your Human Resources Department about obtaining or reviewing evaluations outside of FOIA, as you stated you have received them in the past. See 820 ILCS 40/2 (West 2022), as amended by Public Act 103- 201, effective January 1, 2024 ( requiring public bodies to permit employees to inspect certain personnel records).

This file is closed. If you have questions, please contact me at the Chicago address on the bottom of the first page of this letter.

Very truly yours, TERESA LIM Supervising Attorney Public Access Bureau 81205 f no fi war pkd

Notes from the original PDF (1)

15 ILCS 140/7(1)(b), 7(1)(q) (West 2022), as amended by Public Acts 103-154, effective June 30, 2023; 103-423, effective January 1, 2024; 103-462, effective August 4, 2023; 103-446, effective August 4, 2023; 103-540, effective January 1, 2024; 103-554, effective January 1, 2024. 25 ILCS 140/7.5(q) (West 2022), as amended by Public Acts 103-008, effective June 7, 2023; 103- 034, effective June 9, 2023; 103-142, effective January 1, 2024; 103-372, effective January 1, 2024; 103-508, effective July 1, 2023; 103-580, effective December 8, 2023.