FOIA section 2(a)
FOIADefinition of public body
5 ILCS 140/2(a). Definition of public body
6 issues across 5 determination letters:1 violation found · 3 no violation · 2 no determination / resolved.
Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.
How to challenge a denial on this issue
AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.
When a challenge is strong
- The entity was created by a specific Illinois statute and is placed under the authority of a city council. In D931.1, the Public Access Bureau found the Legislative Reference Bureau to be a public body because it was statutorily created, making it a subsidiary of the City Council.Based on: A legislative reference bureau's denial letter
- The entity is controlled by an officer of the city council, such as the President Pro Tempore, and performs legislative functions for the council. The Bureau ruled that the Legislative Reference Bureau's placement under the control of a council officer and its legislative role meant it was a public body subject to FOIA.Based on: A legislative reference bureau's denial letter
When the public body usually wins
- The records are held by a Circuit Clerk's Office, which is an agent of the judiciary. Illinois FOIA does not apply to the judiciary or its agents, so juror records and other documents held by circuit clerks are not subject to FOIA (D1129.1, D1493.1).Based on: Juror names and addresses from a trial · 2023 · A county technology department's emails about a…
- The records belong to the judiciary but are physically stored on a county IT department's servers. The Bureau determined that such records still pertain to the business of the judiciary and remain outside FOIA's reach, regardless of custodial arrangement (D1493.2).Based on: 2023 · A county technology department's emails about a…
- The request is directed to a private not-for-profit corporation. A private not-for-profit is not a public body under FOIA, and a statement in its tax form about public availability of records does not change that status (D1126.1).Based on: Records from a private non-profit organization
- The entity is a federal department or agency. Illinois FOIA's definition of 'public body' is limited to State and local Illinois governmental entities; federal agencies are not subject to the Act (D1064.1).Based on: A federal agency's response to an Illinois FOIA…
Points to put in your letter
- Argue that the entity is a subsidiary of a city council — point to D931.1, where the Bureau found a statutorily created body, controlled by the council president, to be a public body.Based on: A legislative reference bureau's denial letter
- If the entity performs legislative tasks for a city council, emphasize that the Legislative Reference Bureau’s legislative function was key to the Bureau’s conclusion that it is a public body (D931.1).Based on: A legislative reference bureau's denial letter
- Distinguish your entity from a private not-for-profit by showing it is not a private corporation but a governmental unit — merely receiving public funds or noting records in a tax form is not enough, per D1126.1.Based on: Records from a private non-profit organization
Common mistakes
- Believing a private not-for-profit corporation is a public body because its IRS Form 990 states records are publicly available. D1126.1 held such a statement irrelevant.Based on: Records from a private non-profit organization
- Assuming that a federal agency must respond to an Illinois FOIA request — D1064.1 made clear only Illinois state and local entities fall under FOIA.Based on: A federal agency's response to an Illinois FOIA…
- Thinking records stored on a county’s IT system lose their judicial character and become FOIA-accessible. The Bureau in D1493.2 rejected this, focusing on the nature of the records’ business.Based on: 2023 · A county technology department's emails about a…
Facts to gather first
- The specific statute that created the entity and placed it under a city council’s authority.
- Evidence of control by a city council officer (e.g., appointment of director by the President Pro Tempore).
- Documentation of the entity’s legislative functions (drafting bills, providing legal counsel to council members).
Determination letters are non-binding; the data here contains only one instance where the entity was found to be a public body (D931.1), so challenge strength in other scenarios remains uncertain—always verify the full PDF and consider that facts matter heavily.
Drafting brief for an AI assistant
Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: foia-2-a.json.
Violation found (1)
Whether the Legislative Reference Bureau is a public body
Rule: The Bureau is a subsidiary body of the City Council because it was statutorily created, controlled by the President Pro Tempore, and performs legislative functions for the Council.
Violation found A legislative reference bureau's denial letter · December 11, 2023
No violation (3)
Whether Circuit Clerk's Office records are subject to FOIA
Rule: The judiciary and its agents, including the Circuit Clerk's Office, are excluded from FOIA's definition of 'public body' and thus not subject to FOIA.
No violation A county technology department's emails about a contract · December 19, 2023
Whether records on county IT servers are subject to FOIA
Rule: Records of the judiciary hosted on a county IT department's servers are not subject to FOIA because they pertain to the business of the judiciary, which is not a public body.
No violation A county technology department's emails about a contract · December 19, 2023
Whether Animal Protective League is a public body subject to FOIA
Rule: A private not-for-profit corporation is not a public body under FOIA, and a tax form statement about public availability of records does not make it one.
No violation Records from a private non-profit organization · March 3, 2025
No determination / resolved (2)
FOIA applicability to Circuit Clerk juror records
Rule: FOIA does not apply to the judiciary or its agents, including Circuit Clerk's Offices, so juror records held by those offices are not subject to FOIA.
No determination / resolved Juror names and addresses from a trial · March 12, 2025
Whether federal agency is a public body under FOIA
Rule: Illinois FOIA's definition of public body is limited to State and local governmental entities of Illinois, so a federal department is not subject to Illinois FOIA.
No determination / resolved A federal agency's response to an Illinois FOIA request · June 13, 2024