FOIADetermination Letter (non-binding)Closed no further actionLegal & Financial Records

Sangamon County Sheriff's Office FOIA lawsuit ends PAC administrative review

The requester sought records from the Sangamon County Sheriff's Office and subsequently filed a lawsuit to challenge the denial.

Date issued: October 10, 2024
Request number(s): 83276
Public body: Sangamon County Sheriff's Office
Statute(s): 5 ILCS 140/9.5
Outcome: Closed due to pending litigation

Plain-language summary

A reporter's FOIA request for review was pending before the PAC when the reporter filed suit in court over the same denial. Because FOIA requires the Public Access Counselor to take no further action on a request for review once the requester sues over the same denial, the PAC closed the file without reaching the merits.

Legal question

Does the filing of a lawsuit regarding a FOIA denial require the Public Access Counselor to cease its administrative review of the same matter?

Holding

The PAC is statutorily required to take no further action because the requester initiated litigation regarding the same FOIA denial.

Summary

The requester filed a Request for Review regarding a FOIA denial by the Sangamon County Sheriff's Office, but subsequently notified the PAC that she had filed a lawsuit regarding the same denial.

litigationFOIA lawsuitPAC jurisdictiondenial of records

Reading view (313 words)

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Dear Ms. Hundsdorfer and Ms. Hamelin:

This letter is issued pursuant to section 9.5(f) of the Freedom of Information Act FOIA). 1 For the reasons explained below, the Public Access Bureau will take no further action with respect to the above- referenced Request for Review.

On September 30, 2024, Ms. Beth Hundsdorfer, on behalf of Capitol News Illinois submitted the above- referenced Request for Review, contesting the denial by the Sangamon County Sheriff's Office (Sheriff' s Office) to her FOIA request submitted on September 29, 2024. On October 8, 2024, Ms. Hundsdorfer informed the Public Access Bureau that the same denial of this FOIA request would be pursued in court.

If the requester files suit under Section 11 with respect to the same denial that is the subject of a pending request for review, the requester shall notify the Public Access Counselor, and the Public Access Counselor shall take no further action with respect to the request for review and shall so notify the public body.

Because Ms. Hundsdorfer has filed suit under section 11 of FOIA, 3 section 9.5(g) of FOIA precludes the Public Access Counselor from taking further action with respect to this matter.

This letter serves to close this file. Please contact me at victoria.frazier@ilag. gov if you have questions.

Very truly yours, VICTORIA FRAZIER Assistant Attorney General Public Access Bureau 83276 f ls co

Notes from the original PDF (2)

15 ILCS 140/9.5(f) (West 2023 Supp.).
25 ILCS 140/9.5(g) (West 2023 Supp.). 35 ILCS 140/11 (West 2023 Supp.).