I submitted a FOIA request to CUSD 301 on December 17, 2024. I never received an acknowledgment of receipt. That’s fine. I know I used the correct email address, and I know it did not bounce back.
I reached out on December 24, 2024, to remind the school district’s FOIA officer that five business days fell on that date. I wasn’t sure if the district office was open on Christmas Eve, although many other government agencies work that day. I heard nothing. So, I waited until the close of business on December 26, 2024, a working day for the district. I received no response.
This is troubling. Are all residents treated this way when seeking records from the school district? Usually, I see a summary of the requests and responses in the monthly board meeting materials. However, I don’t see all the details (e.g., did the district respond promptly, were extensions requested, etc.).
I expect more professionalism. Sadly, I’m not seeing it.
I considered how to proceed. I submitted my FOIA request as an individual member of the public. I don’t want to use my status as a board member inappropriately, and reaching out to people in that capacity would be inappropriate.
Justice Brandeis wrote over 100 years ago that sunlight is the best disinfectant. In other words, public affairs conducted in the open can root our corruption. So, I will continue acting individually and not seek to leverage my board member status.
This is a personal blog (which, sadly, I rarely use) to write about things that interest me or that I want to share with others. I’m glad it’s an outlet for me in times such as these.
I know the office was open yesterday, and it was open today, as well. The five-business day deadline expired yesterday (12/26/24).
Here is what the Illinois Freedom of Information Act has to say about deadlines:
Each public body shall, promptly, either comply with or deny a request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended under subsection (e) of this Section. Denial shall be in writing as provided in Section 9 of this Act [5 ILCS 140/9]. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt shall be considered a denial of the request. A public body that fails to respond to a request within the requisite periods in this Section but thereafter provides the requester with copies of the requested public records may not impose a fee for such copies. A public body that fails to respond to a request received may not treat the request as unduly burdensome under subsection (g). 5 ILCS 140/3 (emphasis added)
The classrooms are quiet because of winter vacation, but the school district’s business continues. I don’t think Illinois’ FOIA law provides for a “public school vacation exception” to the five-business day deadline.
In my career, I’ve advised government agencies on FOIA compliance. In the various public bodies where I’ve served as an attorney, we’ve always had backup plans when our FOIA officers were unavailable for any reason (sickness, vacation, etc.). That’s not just a good idea or best practice; it is a requirement to comply with the law.
I called the office today (12/27/24). I asked for the FOIA officer. He was not in. He won’t be in until next week. I left him a voicemail message.
Here is the FOIA request that I submitted:
I’ve heard horror stories about people who have been given the runaround for months before ultimately receiving the information they requested. This is simply unacceptable. Any assertion that the district is merely following its attorneys’ guidance must be challenged. I cannot imagine an attorney advising a school district to violate the public policy behind the Illinois Freedom of Information Act.
The public policy behind Illinois’ Freedom of Information Act is clear:
Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled 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. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest. 5 ILCS 140/1
It is the public policy of the State of Illinois to make public records transparent and open.
The General Assembly hereby declares that it is the public policy of the State of Illinois that access by all persons to public records promotes the transparency and accountability of public bodies at all levels of government. It is a fundamental obligation of government to operate openly and provide public records as expediently and efficiently as possible in compliance with this Act. 5 ILCS 140/1 (emphasis added)
Public bodies should strive to make more information easily accessible. That doesn’t mean building a massive data dump online. It does mean releasing records and information whenever requested unless there is a specific reason not to do so.
Most people lack the legal knowledge or funds to seek legal assistance to enforce their rights under FOIA. This limitation may chill efforts for greater transparency, which is a shame.
P.S. A FOIA Officer needs to check his/her/their spam folder daily; that’s NOT an excuse… ever.
JUNAID AFEEF 