FOIADetermination Letter (non-binding)Closed no further actionFOIA Response Process

Chicago Police Department FOIA request asking questions deemed invalid

The requester sought answers to questions regarding background searches performed by the Chicago Police Department and the Office of Public Safety Administration.

Date issued: March 14, 2024
Request number(s): 80487
Public body: Chicago Police Department
Statute(s): 5 ILCS 140/2
Outcome: Closed, no further action

Plain-language summary

A citizen asked the Chicago Police Department questions about background searches performed on them, but the department and another agency referred the requester back and forth. The Attorney General's office closed the case, explaining that FOIA is for requesting copies of existing documents, not for asking government agencies questions or demanding they create new records.

Legal question

Does a request that asks questions about agency actions rather than seeking specific public records constitute a valid FOIA request?

Holding

The PAC determined that no further action is warranted because the requester's submission did not constitute a valid FOIA request for public records.

Summary

The requester sought information regarding background searches performed by the Chicago Police Department and the Office of Public Safety Administration, but the PAC determined the request was invalid because it asked questions rather than seeking specific public records.

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 determination / resolvedFOIA section 2(c)
Whether requester's submission was a valid FOIA request
Rule applied: FOIA requires a request to reasonably identify existing public records, not to answer questions or create new records.
Authorities cited: Kenyon v. Garrels, 184 Ill. App. 3d 28, 32 (1989); Chicago Tribune Co. v. Department of Financial & Professional Regulation, 2014 IL App (4th) 130427, 133

FOIA requestpublic recordsquestions to agenciesbackground search

Reading view (423 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.

The requirements of FOIA apply to requests for "public records," which are existing records "pertaining to the transaction of public business, * * * having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of any public body." 5 ILCS 140/2(c) (West 2022). Tn contrast, a public body is not required to answer questions or create new records in response to a FOIA request. Kenyon v. Garrels, 184 I1l. App. 3d 28, 32 (1 989). Additionally, "[a] request to inspect or copy must reasonably identify a public record and not general data, information, or statistics." Chicago Tribune Co. v. Department of Financial & Professional Regulation, 2014 IL App (4th) 130427, 133.

Rather than requesting copies of records, you asked a series of questions about searches performed for both of your names, who performed those searches, and why such searches were perfom1ed. FOIA does not require a public body to answer questions or create a new record in response to a request. Although CPD refen-ed you to OPSA, and you state that OPSA referred you to CPD, your February 5, 2024, submission to CPD did not request to inspect or obtain copies of public records as is necessary to constitute a valid FOIA request. Therefore, this office has determined that no further action is warranted in this matter.

This letter serves to close this file. Please contact me at katherine.goldsmith@ilag.gov if you have any questions.

Very truly yours, KA TIE GOLDSMITH Assistant Attorney General Public Access Bureau 80487 f no fi war pd 3E-mail from to Public Access [Bureau) (March 6, 2024).

Office of the lllinoisArtomey General Office of the lllinoisArtomey General