{
 "topic": "FOIA section 2(a)",
 "statute": "5 ILCS 140/2(a)",
 "family": "Definitions (public body, public record, requesters)",
 "page": "https://illinoisfoia.org/issues/foia-2-a/",
 "note": "Determination letters are non-binding. Verify against the source PDF before citing.",
 "counts": {
  "violation_found": 1,
  "no_violation": 3,
  "no_determination": 2,
  "other": 0
 },
 "challenge_notes": {
  "generated_by": "AI summary of the decisions listed on this page; not legal advice; verify each decision against its PDF",
  "when_a_challenge_is_strong": [
   {
    "text": "The entity was created by a specific Illinois statute and is placed under the authority of a city council.",
    "why": "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.",
    "decisions": [
     {
      "title": "A legislative reference bureau's denial letter",
      "url": "https://illinoisfoia.org/opinions/letter-56946/#issue-1"
     }
    ]
   },
   {
    "text": "The entity is controlled by an officer of the city council, such as the President Pro Tempore, and performs legislative functions for the council.",
    "why": "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.",
    "decisions": [
     {
      "title": "A legislative reference bureau's denial letter",
      "url": "https://illinoisfoia.org/opinions/letter-56946/#issue-1"
     }
    ]
   }
  ],
  "when_the_body_usually_wins": [
   {
    "text": "The records are held by a Circuit Clerk's Office, which is an agent of the judiciary.",
    "why": "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).",
    "decisions": [
     {
      "title": "Juror names and addresses from a trial",
      "url": "https://illinoisfoia.org/opinions/letter-85534/#issue-1"
     },
     {
      "title": "A county technology department's emails about a contract",
      "url": "https://illinoisfoia.org/opinions/letter-79328/#issue-1"
     }
    ]
   },
   {
    "text": "The records belong to the judiciary but are physically stored on a county IT department's servers.",
    "why": "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).",
    "decisions": [
     {
      "title": "A county technology department's emails about a contract",
      "url": "https://illinoisfoia.org/opinions/letter-79328/#issue-2"
     }
    ]
   },
   {
    "text": "The request is directed to a private not-for-profit corporation.",
    "why": "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).",
    "decisions": [
     {
      "title": "Records from a private non-profit organization",
      "url": "https://illinoisfoia.org/opinions/letter-85440/#issue-1"
     }
    ]
   },
   {
    "text": "The entity is a federal department or agency.",
    "why": "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).",
    "decisions": [
     {
      "title": "A federal agency's response to an Illinois FOIA request",
      "url": "https://illinoisfoia.org/opinions/letter-81723/#issue-1"
     }
    ]
   }
  ],
  "points_to_put_in_the_letter": [
   {
    "text": "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.",
    "why": "",
    "decisions": [
     {
      "title": "A legislative reference bureau's denial letter",
      "url": "https://illinoisfoia.org/opinions/letter-56946/#issue-1"
     }
    ]
   },
   {
    "text": "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).",
    "why": "",
    "decisions": [
     {
      "title": "A legislative reference bureau's denial letter",
      "url": "https://illinoisfoia.org/opinions/letter-56946/#issue-1"
     }
    ]
   },
   {
    "text": "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.",
    "why": "",
    "decisions": [
     {
      "title": "Records from a private non-profit organization",
      "url": "https://illinoisfoia.org/opinions/letter-85440/#issue-1"
     }
    ]
   }
  ],
  "facts_to_gather": [
   "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)."
  ],
  "common_mistakes": [
   {
    "text": "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.",
    "why": "",
    "decisions": [
     {
      "title": "Records from a private non-profit organization",
      "url": "https://illinoisfoia.org/opinions/letter-85440/#issue-1"
     }
    ]
   },
   {
    "text": "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.",
    "why": "",
    "decisions": [
     {
      "title": "A federal agency's response to an Illinois FOIA request",
      "url": "https://illinoisfoia.org/opinions/letter-81723/#issue-1"
     }
    ]
   },
   {
    "text": "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.",
    "why": "",
    "decisions": [
     {
      "title": "A county technology department's emails about a contract",
      "url": "https://illinoisfoia.org/opinions/letter-79328/#issue-2"
     }
    ]
   }
  ],
  "caution": "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."
 },
 "issues": [
  {
   "issue": "Whether Circuit Clerk's Office records are subject to FOIA",
   "outcome": "no_violation",
   "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.",
   "decision": {
    "title": "A county technology department's emails about a contract",
    "date": "2023-12-19",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-79328/"
   },
   "authorities": [
    {
     "text": "Newman, Raiz & Shelmadine, LLC v. Brown, 394 Ill. App. 3d 602 (2009)",
     "url": null
    },
    {
     "text": "Copley Press, Inc. v. Administrative Office of the Courts, 271 Ill. App. 3d 548 (2d Dist. 1995)",
     "url": null
    }
   ]
  },
  {
   "issue": "Whether records on county IT servers are subject to FOIA",
   "outcome": "no_violation",
   "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.",
   "decision": {
    "title": "A county technology department's emails about a contract",
    "date": "2023-12-19",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-79328/"
   },
   "authorities": [
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 74783, issued October 18, 2021, at 3",
     "url": null
    },
    {
     "text": "People v. Garcia, 241 Ill. 2d 416, 421 (2011)",
     "url": null
    }
   ]
  },
  {
   "issue": "FOIA applicability to Circuit Clerk juror records",
   "outcome": "no_determination",
   "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.",
   "decision": {
    "title": "Juror names and addresses from a trial",
    "date": "2025-03-12",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-85534/"
   },
   "authorities": [
    {
     "text": "Newman, Raiz & Shelmadine, LLC v. Brown, 394 Ill. App. 3d 602, 606 (2009)",
     "url": null
    },
    {
     "text": "Copley Press v. Administrative Office of the Courts, 271 Ill. App. 3d 548, 555 (1995)",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen. Req. Rev. Ltr. 79328, issued December 19, 2023",
     "url": null
    }
   ]
  },
  {
   "issue": "Whether Animal Protective League is a public body subject to FOIA",
   "outcome": "no_violation",
   "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.",
   "decision": {
    "title": "Records from a private non-profit organization",
    "date": "2025-03-03",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-85440/"
   },
   "authorities": []
  },
  {
   "issue": "Whether federal agency is a public body under FOIA",
   "outcome": "no_determination",
   "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.",
   "decision": {
    "title": "A federal agency's response to an Illinois FOIA request",
    "date": "2024-06-13",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-81723/"
   },
   "authorities": []
  },
  {
   "issue": "Whether the Legislative Reference Bureau is a public body",
   "outcome": "violation_found",
   "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.",
   "decision": {
    "title": "A legislative reference bureau's denial letter",
    "date": "2023-12-11",
    "binding": false,
    "url": "https://illinoisfoia.org/opinions/letter-56946/"
   },
   "authorities": [
    {
     "text": "Quinn v. Stone, 211 Ill. App. 3d 809, 812 (1st Dist. 1991)",
     "url": null
    },
    {
     "text": "Hopf v. Topcorp, 256 Ill. App. 3d 887, 892 (1st Dist. 1993)",
     "url": null
    },
    {
     "text": "Ill. Att'y Gen. PAC Req. Rev. Ltr. 65842, issued December 15, 2020",
     "url": null
    }
   ]
  }
 ]
}