FOIA section 7.5(q)

FOIA

Statutorily-confidential record set referenced via Sec. 7.5(q)

5 ILCS 140/7.5(q). Statutorily-confidential record set referenced via Sec. 7.5(q)

See every document citing this provision →

6 issues across 5 determination letters:2 violation found · 4 no violation.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

Authorities the Bureau cites most on this issue

Ill. Att'y Gen. PAC Req. Rev. Ltr. 18779 cited 2 times
Johnson v. Joliet Police Department, 2018 IL App (3d) 170726 cited 1 times
Disciplinary records and citizen complaints for three police officers (PAC Req. Rev. Ltr. 39260) cited 1 times

How to challenge a denial on this issue

AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.

When a challenge is strong

The public body withheld records of complaints against staff that did not result in discipline. Records that do not document the imposition of discipline are not exempt under section 7.5(q) and section 8 of the PRRA.Based on: n.d. · Complaints and disciplinary recor…
The public body withheld investigatory records (such as underlying investigation materials) rather than the actual disciplinary decision. Section 7.5(q) incorporates only PRRA section 8, which exempts records documenting the imposition of discipline, not the investigatory file.Based on: n.d. · Disciplinary records and citizen …

When the public body usually wins

The public body withholds periodic, seasonal, or comprehensive performance evaluations. Section 11 of the PRRA prohibits disclosure of performance evaluations, and FOIA section 7.5(q) incorporates that exemption.Based on: n.d. · An applicant's background check a… · n.d. · Seasonal performance evaluations … · n.d. · A transit district's bus driver p…
The public body withholds records documenting the imposition of discipline that are more than four years old. Section 8 of the PRRA permits withholding such records.Based on: n.d. · Complaints and disciplinary recor…

Points to put in your letter

If the records you requested are complaints that did not lead to discipline, argue that they do not 'document the imposition of discipline' and therefore are not exempt under section 7.5(q) and section 8 of the Personnel Record Review Act.Based on: n.d. · Complaints and disciplinary recor…
If the public body withheld investigatory records, point out that section 7.5(q) only exempts records documenting the imposition of discipline, not the underlying investigation.Based on: n.d. · Disciplinary records and citizen …
If the public body claims the performance evaluation exemption, check whether the records are actually periodic comprehensive performance evaluations. Specific instances of misconduct are not protected by section 11 of the PRRA.Based on: n.d. · An applicant's background check a…

Common mistakes

Assuming that all personnel records are exempt under section 7.5(q). Only performance evaluations and records documenting discipline (if more than four years old) are exempt.Based on: n.d. · Complaints and disciplinary recor… · n.d. · Disciplinary records and citizen …
Failing to distinguish between a performance evaluation and a record of a specific instance of misconduct. The latter is not exempt under section 11.Based on: n.d. · An applicant's background check a…
Believing that investigatory records are automatically exempt under section 7.5(q). The exemption is limited to records documenting the imposition of discipline.Based on: n.d. · Disciplinary records and citizen …
Not checking the age of discipline records. Records documenting discipline that are four years old or less may not be withheld under section 8.Based on: n.d. · Complaints and disciplinary recor…

Facts to gather first

Whether the requested records are performance evaluations, complaints, investigatory files, or disciplinary records.
If disciplinary records, the date the discipline was imposed (to determine if more than four years old).
Whether the records document the actual imposition of discipline or are only complaints or investigation materials.
The specific exemption cited by the public body in its denial letter.

These notes are based on a limited set of non-binding determination letters; outcomes depend on specific facts and the current state of the law. Always verify the full PDF decisions.

Drafting brief for an AI assistant

Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: foia-7-5-q.json.

TOPIC: 5 ILCS 140/7.5(q) - Statutorily-confidential record set referenced via Sec. 7.5(q)
SOURCE: Illinois Attorney General Public Access Bureau decisions compiled at https://illinoisfoia.org/issues/foia-7-5-q/
NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law. Verify every decision against the source PDF before citing it.

VIOLATION FOUND (2):
- Withholding complaint records not reflecting disciplinary action
  Rule: Records of complaints against staff that do not document the imposition of discipline are not exempt under section 7.5(q).
  Decision: Complaints and disciplinary records of school staff (non-binding determination letter, June 1, 2023) https://illinoisfoia.org/opinions/letter-56359/
- Withholding investigatory records under FOIA 7.5(q) and PRRA
  Rule: Section 7.5(q) incorporates only PRRA section 8, which permits deletion of records documenting the imposition of discipline, not underlying investigatory records.
  Decision: Disciplinary records and citizen complaints for three police officers (non-binding determination letter, February 11, 2016) https://illinoisfoia.org/opinions/letter-39260/

NO VIOLATION (4):
- Withholding seasonal performance evaluations under FOIA
  Rule: Section 11 of the Personnel Record Review Act prohibits disclosure of performance evaluations in response to a FOIA request, so the District properly withheld them.
  Decision: Seasonal performance evaluations and interview scoring records (non-binding determination letter, May 8, 2024) https://illinoisfoia.org/opinions/letter-81205/
- Section 7.5(q) withholding of performance evaluations
  Rule: Section 11 of the PRRA prohibits disclosure of periodic comprehensive performance evaluations, but not specific instances of misconduct.
  Decision: An applicant's background check and polygraph records (non-binding determination letter, May 15, 2024) https://illinoisfoia.org/opinions/letter-69962/
- Withholding disciplinary records more than four years old
  Rule: Section 8 of the PRRA permits withholding records documenting the imposition of discipline that are more than four years old.
  Decision: Complaints and disciplinary records of school staff (non-binding determination letter, June 1, 2023) https://illinoisfoia.org/opinions/letter-56359/
- Performance evaluations
  Rule: Performance evaluations are exempt from disclosure under section 7.5(q) of FOIA and section 11 of the PRRA.
  Decision: A transit district's bus driver personnel file (non-binding determination letter, April 13, 2018) https://illinoisfoia.org/opinions/letter-40605/

MOST-CITED AUTHORITIES: Ill. Att'y Gen. PAC Req. Rev. Ltr. 18779; Johnson v. Joliet Police Department, 2018 IL App (3d) 170726; Ill. Att'y Gen. PAC Req. Rev. Ltr. 39260

TASK FOR THE ASSISTANT: Using only the decisions above, help draft a letter. Argue from the rule and cite the decision by name and date. Do not invent decisions.

Violation found (2)

Withholding complaint records not reflecting disciplinary action
Rule: Records of complaints against staff that do not document the imposition of discipline are not exempt under section 7.5(q).
Violation found Complaints and disciplinary records of school staff · June 1, 2023
Withholding investigatory records under FOIA 7.5(q) and PRRA
Rule: Section 7.5(q) incorporates only PRRA section 8, which permits deletion of records documenting the imposition of discipline, not underlying investigatory records.
Violation found Disciplinary records and citizen complaints for three police officers · February 11, 2016

No violation (4)

Withholding seasonal performance evaluations under FOIA
Rule: Section 11 of the Personnel Record Review Act prohibits disclosure of performance evaluations in response to a FOIA request, so the District properly withheld them.
No violation Seasonal performance evaluations and interview scoring records · May 8, 2024
Section 7.5(q) withholding of performance evaluations
Rule: Section 11 of the PRRA prohibits disclosure of periodic comprehensive performance evaluations, but not specific instances of misconduct.
No violation An applicant's background check and polygraph records · May 15, 2024
Withholding disciplinary records more than four years old
Rule: Section 8 of the PRRA permits withholding records documenting the imposition of discipline that are more than four years old.
No violation Complaints and disciplinary records of school staff · June 1, 2023
Performance evaluations
Rule: Performance evaluations are exempt from disclosure under section 7.5(q) of FOIA and section 11 of the PRRA.
No violation A transit district's bus driver personnel file · April 13, 2018