7

How the Public Access Counselor has treated 7

This category involves public bodies citing Section 7 as a whole, without naming a specific exemption subsection, to deny access to records. The decisions here do not analyze a particular exemption. They concern general claims that requested material could be withheld, including assertions that producing the records would be unduly burdensome.

In these decisions, the Public Access Counselor found violations where bodies relied on a general exemption claim while failing to conduct a reasonable search. Examples included certified payroll records for highway projects, communications and expense records about conference attendance, and text messages on a commissioner's phone. The opinions focus on searching for responsive records and supporting any denial with more than workload or a blanket statement that no records exist.

At a glance: 3 documents from 2014 to 2015(2 binding opinions, 1 determination letter). Most often cited alongside: 3(g) (Unduly burdensome categorical request) (1).

Recurring issues

• Public bodies denied requests as unduly burdensome based on volume or redaction work without adequate justification. (Certified payroll records for county construction projects, A village clerk's and trustee's event participation records)
• Public bodies responded that no responsive records existed without conducting a reasonable search. (A village clerk's and trustee's event participation records, Park district officials' communications about district business)
• Disputes arose over whether text messages related to public business were subject to search and disclosure. (Park district officials' communications about district business)
• Requests for payroll, billing, communications, and expense records led to broad denials rather than record-by-record review. (Certified payroll records for county construction projects, A village clerk's and trustee's event participation records)

Practical points

• A public body that claims no responsive records exist is expected to show it conducted a reasonable search.
• A denial based on burden alone was found insufficient where the body did not show proper search and review efforts.
• Requesters seeking communications or messages can describe the topic, time period, and custodians to clarify the scope of the search.

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