FOIADetermination Letter (non-binding)No violationSearch & Production

Village of Wayne did not violate FOIA by refusing to provide electronic copies of paper records

The requester sought electronic copies of election packets filed with the Village Clerk.

Date issued: January 5, 2023
Request number(s): 74771
Public body: Village of Wayne
Statute(s): 5 ILCS 140/6
Outcome: No violation found

Plain-language summary

A citizen asked the Village of Wayne for electronic copies of election documents. The Village refused, stating they only keep these records on paper. The Attorney General's office agreed with the Village, explaining that FOIA only requires public bodies to provide electronic copies if the records are already kept in an electronic format.

Legal question

Whether a public body is required under FOIA to provide electronic copies of records that are maintained solely in paper format.

Holding

The Village of Wayne did not violate FOIA by refusing to provide electronic copies of records that are maintained solely in paper format.

Summary

The requester sought electronic copies of election packets, but the Village of Wayne denied the request because the records are only maintained in paper format. The PAC determined the Village acted properly because FOIA does not require a public body to convert paper records into an electronic format.

Issues decided in this letter

Each question the Public Access Bureau decided, with the rule it applied. Extracted automatically from the letter; the source PDF is authoritative.

No violationFOIA section 6(a)
Denial of electronic copies of election packets
Rule applied: A public body need not provide records in electronic format if it maintains them only in paper format.
Authorities cited: Ill. Att'y Gen. PAC Req. Rev. Ltr. 28697, issued April 18, 2014

electronic formatpaper recordselection packetsFOIA request

Reading view (560 words)

This reading view follows the source PDF's positioned text blocks. Page headers, repeated office furniture, and lower-margin notes are kept out of the narrative; source notes are available below. Reconstruction is automatic and imperfect — the PDF is the authoritative version, and it's linked on this page.

Dear

This determination is issued pursuant to section 9.5(c) of the Freedom of Information Act (FOIA) ( 5 ILCS 140/ 9.5(c) ( West 2020)). For the reasons stated below, the Public Access Bureau has determined that your Request for Review is unfounded.

On December 12, 2022, you submitted a FOIA request to the Village of Wayne Village) seeking electronic copies of all election packets filed with the Clerk on that date. On December 14, 2022, the Village denied your request for electronic copies, but stated that, consistent with section 10-7 of the Illinois Election Code ( 10 ILCS 5/10-7 (West 2020)), the packets are available for public inspection. On December 22, 2022, the Public Access Bureau received your Request for Review contesting the Village' s response.

Section 6(a) of FOIA ( 5 ILCS 140/ 6(a) ( West 2020)) provides, in relevant part:

When a person requests a copy of a record maintained in an electronic format, the public body shall furnish it in the electronic format specified by the requester, if feasible. If it is not feasible to furnish the public records in the specified electronic format, then the public body shall furnish it in the format in which it is maintained by the public body, or in paper format at the option of the requester. ( Emphasis added.)

Construing the plain language of this provision, the Public Access Bureau has previously determined that it "requires a public body to provide records in electronic format if the public body maintains those records in electronic format. * * * [ S] ection 6(a) does not require a public body to furnish in electronic format records maintained solely in paper format, even if the public body has the resources to reproduce those records in PDF." ( Emphasis in original.). Ill. Att'y Gen. PAC Req. Rev. Ltr. 28697, issued April 18, 2014, at 2.

On January 5, 2023, the Village Clerk confirmed in a telephone conversation with an Assistant Attorney General in the Public Access Bureau that the Village maintains the records you are seeking only in paper format. Because the Village does not maintain these records in an electronic format, the Village was not required to provide you with electronic copies. Accordingly, this office has determined that this Request for Review is unfounded. You may wish to inspect the records at the Clerk' s Office or request copies of the records in paper format.

This file is closed. If you have any questions, you may contact me at (773) 590- 7878 or benjamin.silver@ilag.gov.

Very truly yours, BENJAMIN J. SILVER Assistant Attorney General Public Access Bureau 74771 f unf mun cc: Via electronic mail Ms. Gina Panek Deputy Clerk Village of Wayne 5N430 Railroad Street Wayne, Illinois 60184 dep.clerk@villageofwayne.org