Public Access Opinion 17-009

Failure to Respond to a FOIA Request

Freedom of Information Act - FOIA
Case: Public Access Opinion 17-009
Date: Tuesday, July 11, 2017

The City of Carlinville (City) violated FOIA by failing to comply with, deny in whole or in part, or otherwise appropriately respond to a FOIA request. On March 18, 2017, an individual submitted a request for copies of various purchase card statements and cell phone statements since October 1, 2016, as well as copies of proof that elected officials completed FOIA and OMA training. Receiving no response, on March 28, 2017, the requestor requested the PAC review the City’s failure to respond. The PAC found that the City violated Section 3(d) of FOIA by failing to provide the requested records or to respond in writing to the FOIA request. The PAC ordered the City to immediately provide all records in response to the FOIA requestor, subject only to any permissible redactions under Section 7.

This opinion is binding only to the parties involved and may be appealed pursuant to State law.