In
response to a FOIA request seeking an electronic copy of an incident report,
a city denied the request and directed the requester to contact the city police
records department to purchase the report at a cost of $5 for residents, or for
$10 for non-residents. After the requester submitted a request for review, the
PAC issued its 13th binding opinion of 2025, finding the
City in violation of Section 6(a) of FOIA by improperly assessing a fee for disclosing
an electronic copy of the incident report. PAC
Op. 25-013.
The
PAC relied upon the language of Section 6(a) of FOIA, which states that:
Except to the extent that the General
Assembly expressly provides, statutory fees applicable to copies of public
records when furnished in a paper format shall not be applicable to
those records when furnished in an electronic format.” (Emphasis added.)
Although
the city argued that the report fees were listed on its website, the PAC determiend that the city did
not cite a FOIA provision or any other law that authorized the city to charge a special fee for disclosing electronic copies of incident reports. Even if the city had
adopted an ordinance establishing those fees, the PAC determined that a municipal
ordinance is not a statute. Here, because the Illinois legislature had not
expressly authorized a statutory fee in excess of the cost of the recording
medium for electronic copies of incident reports, and it was feasible for the
city to disclose the report in the electronic format sought by the requester without the need to purchase a recording medium, the city was prohibited by FOIA from
assessing the requester a fee for disclosing an electronic copy of the incident report.
Post Authored by Eugene Bolotnikov, Ancel Glink