FOIADetermination Letter (non-binding)Closed no further actionFees & Burdensome Requests

City of Harrisburg failed to properly direct FOIA requester to records on website

The request concerned the City's sources of income and amounts for the years 2022, 2023, and 2024.

Date issued: January 17, 2025
Request number(s): 84510
Public body: City of Harrisburg
Statute(s): 5 ILCS 140/8.5
Outcome: Closed as moot

Plain-language summary

A citizen asked the City of Harrisburg for financial records, and the City told him to look on their website without providing a specific link or instructions. The PAC found that while the City eventually provided the records, they failed to follow the law requiring them to clearly direct the requester to where the documents are located online. The case was closed because the requester ultimately received the information.

Legal question

Whether a public body satisfies its FOIA obligations by directing a requester to a website without providing specific instructions or a direct link to the requested records as required by 5 ILCS 140/8.5.

Holding

The PAC closed the matter as moot because the City provided the requested information during the review process, though it noted the City failed to properly direct the requester to the specific location of the records online.

Summary

The requester sought records of the City of Harrisburg's income sources for 2022-2024, and the PAC investigated whether the City properly directed the requester to its website under section 8.5 of FOIA.

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 8.5(a)
City's response directing requester to website
Rule applied: A public body need not email records posted online if it notifies the requester and directs them to the website where the records can be reasonably accessed.
Authorities cited: Duncan Publishing, Inc. v. City of Chicago, 304 Ill. App. 3d 778, 782 (1999)
Violation foundFOIA section 8.5(a)
City's failure to properly direct requester to website
Rule applied: Section 8.5(a) requires a public body to notify the requester that the record is available online and direct the requester to the website where the record can be reasonably accessed.

website recordsFOIA responsefinancial recordspublic access

Reading view (675 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 and Mr. McPeek:

This determination is issued pursuant to section 9.5(f) of the Freedom of Information Act (FOIA) ( 5 ILCS 140/ 9.5(f) (West 2023 Supp.)).

On December 17, 2024, submitted a FOIA request to the City of Harrisburg (City) seeking: "a copy of all sources of income and amounts from those sources of income to the city in 2022/ 2023/ 2024" 1 On December 23, 2024, the City responded by stating that the requested information was available within "financial statements" on the City's website, but that information for 2024 was not yet available. That same day, submitted the above-referenced Request for Review contesting the City's response. Specifically, contended that he should not have to search through the City's records and that the City should e-mail him the records.

Section 8.5(a) of FOIA (5 ILCS 140/8.5(a) (West 2022)) provides that "a public body is not required to copy a public record that is published on the public body' s website. The On December 30, 2024, a Supervising Attorney in the Public Access Bureau attempted to access records responsive to request on the City's website, but was unable to discern the records to which the City's response referred. On January 7, 2025, the City explained in an e-mail to this office that the information requested by could be found within the audit reports on its website at https:// www.harrisburgillinois. com/ public- notices. The City further identified two portions of the reports which would contain the information: Statement of Activities, and Statement of Revenues, Expenditures, and Changes in Fund Balances. This office's review of the 2022 and 2023 audit reports confirmed that each document provides information regarding the City's sources of income and the amount of revenue from those sources. In an e-mail to a Supervising Attorney in the Public Access Bureau described the location of the responsive information within the documents on the City's website.

Because FOIA does not require a public body to e-mail copies of records that are posted online and because has been advised of the responsive information contained within the posted records, the allegation that the City failed to provide the requested information has been resolved. See Duncan Publishing, Inc. v. City of Chicago, 304 Ill. App. 3d 778, 782 (1999) ("Once an agency produces all records related to a plaintiff's request, the merits of a plaintiff' s claim for relief, in the form of production of information, becomes moot.").

Nonetheless, this office reminds the City that, by its plain language, section 8.5 of FOIA imposes certain obligations for a public body that responds to a request by stating that responsive records, to the extent that they exist, are on its website. Section 8.5(a) expressly requires that "[ t]he public body shall notify the requester that the public record is available online and direct the requester to the website where the record can be reasonably accessed." Emphasis added.) The City's December 23, 2024, response did not direct to the location of the records responsive to his request, nor did it reasonably identify those records. The City should be mindful of its obligation to provide the proper location of records available on its website in response to future FOIA requests.

Very truly yours, BENJAMIN J. SILVER Supervising Attorney Public Access Bureau 84510 f unf mun

Notes from the original PDF (1)

1E-mail from to John McPeek, [ Mayor], [ City of Harrisburg] ( December 17, 2024).