7.5(q)

How the Public Access Counselor has treated 7.5(q)

Section 7.5(q) incorporates confidentiality protections found in other Illinois statutes. In these decisions, the relevant statute was the Personnel Record Review Act, which was invoked for performance evaluations, complaints against staff, and other personnel disciplinary material.

Requests involved schools, a park district, and other public bodies seeking evaluations, complaints, and personnel files. The PAC did not treat all personnel material the same. It upheld withholding of actual performance evaluations, but found a notice to remedy attached to a board resolution was not a confidential evaluation and found complaints that were not formal disciplinary actions did not qualify. Other matters were resolved on different grounds, such as privacy redactions or the absence of a duty to create aggregated records.

At a glance: 5 documents(0 binding opinions, 5 determination letters). Most often cited alongside: 7(1)(a) (Federal/State-law confidentiality — or public defender case files, for documents issued under the other amendment version) (3); 7(1)(b) (Private information) (2); 7(1)(c) (Personal privacy) (2); 7(1)(j)(ii) (Peer evaluation of faculty) (1); 7(1)(q) (Licensing/employment exam questions and scoring keys) (1).

Recurring issues

• Whether a notice to remedy attached to a school board resolution is a confidential performance evaluation. (An exhibit to a teacher's notice to remedy resolution)
• Whether complaints against staff that do not document formal disciplinary action qualify for withholding under the Personnel Record Review Act. (Complaints and disciplinary records of school staff)
• Whether a former employee can obtain their own past performance evaluations through FOIA when the Personnel Record Review Act applies. (Seasonal performance evaluations and interview scoring records)
• Whether personnel-file disputes turn on privacy redactions or the duty to create records rather than statutory confidentiality. (Personnel files of three housing authority employees, Aggregated student survey data by instructor and course)

Practical points

• Review complaint records to determine whether they document formal disciplinary action before withholding them as statutorily confidential.
• Do not withhold a notice to remedy that was attached to a public board resolution as if it were a confidential performance evaluation.
• Withhold actual performance evaluations when they are covered by the Personnel Record Review Act as referenced through FOIA.

Summary drafted from the linked decisions and checked against them; read the decisions themselves before relying on it. Not legal advice.