South Suburban College employee bereavement acknowledgments not public records under FOIA

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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 2024)). For the reasons set forth below, the Public Access Bureau has determined that no further action is warranted in this matter.

On July 24, 2025, you submitted a FOIA request to South Suburban College ("College" or "SSC") seeking copies of "[a]ll documents reflecting [the College's] acknowledgements of employee family member deaths, including but not limited to" 1 sympathy cards and letters, e-mail announcements, and memorial service announcements. Your request included certain search parameters. On July 28, 2025, the College responded that "[t]his request is not related to a 'transaction of public business' and therefore is not public record."2 That same day, you submitted the above-referenced Request for Review contesting the College's response. You argued:

I believe these records reflect the use of official SSC resources in responding to employee bereavements, and that they speak to FOIA is intended to ensure public access to "full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act." 5 ILCS 140/1 (West 2024). FOIA requires that "[e]ach public body shall make available to any person for inspection or copying all public records[.]" (Emphasis added.) 5 ILCS 140/3(a) (West 2024). Section 2(c) of FOIA (5 ILCS 140/2(c) (West 2024)) defines "public records" as "all records* * * pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body." (Emphasis added.) A record pertains to the transaction of public business when it "pertain[s] to 'business or community interests as opposed to private affairs.' Indeed, FOIA is not concerned with an individual's private affairs.'' City of Champaign v. Madigan, 2013 IL App (4th) 120662, ,r 31.

The Public Access Bureau has previously determined that messages expressing condolences pertain to private affairs rather than public duties or the transaction of public business, and therefore such records are not public records subject to disclosure under FOIA. See,for instance, Ill. Att'y Gen. PAC Req. Rev. Ltr. 71689, issued May 5, 2023, at 3 (text messages sent and received by mayor of City of Chicago consisting of condolences were not public records). Your request specifically seeks the content ofrecords such as sympathy cards and announcements of memorial services which acknowledge the deaths of family members of College employees, and not contextual records such as bereavement policies about how the College approaches these matters. The content of the records you requested necessarily pertains to private affairs of employees, and your request did not focus on any topic of public business related to the provision of educational services. Although the transmission of such records may have involved the use of public resources, 4 and although the communications may enhance employee engagement and morale, those factors do not transform the communications into public records available via FOIA because the subject of employee family member deaths fundamentally does not pertain to the College's transaction of public business as an educational institution.

Very truly yours, KATIE GOLDSMITH Assistant Attorney General Public Access Bureau 88239 f no fi war univ cc: Via electronic mail Mr. Patrick Rush Vice President of Administration South Suburban College 15800 State Street South Holland, Illinois 60473 [email protected]