A. The FOIA officer, or his or her designee, may not give out information which is in a file marked by an asterisk (*) in the catalog of existing files. This information has been predetermined to be exempt from disclosure under the Illinois freedom of information act.
B. Any record marked with a double asterisk (**) has been determined to be partially exempt. One or more authorized officers or employees of the village shall review the file and will provide any nonexempt information to requester. Records having both exempt and nonexempt material shall be provided to the requester in a redacted format revealing only the nonexempt material.
C. In addition, while not so marked, information may not be disclosed if it falls within one or more of the following exempt categories:
1. Disclosure of the requested information is specifically prohibited by federal or state law or rules and regulations implementing federal or state law, 5 Illinois Compiled Statutes 140/7(1)(a).
2. The information requested is "private information" unless disclosure is required by another provision of the FOIA, a state or federal law, or a court order, 5 Illinois Compiled Statutes 140/7(1)(b).
3. The information requested is a file(s), document(s), and/or other data or database(s) maintained by one or more law enforcement agencies and specifically designed to provide information to one or more law enforcement agencies regarding the physical or mental status of one or more individual subjects, 5 Illinois Compiled Statutes 140/7(1)(b-5)/P.A. 96-0558.
4. The document(s) requested relate to personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy, 5 Illinois Compiled Statutes 140/7(1)(c).
5. The document(s) requested are in the possession of the public body and were created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, and that disclosure would do one or more of the following, 5 Illinois Compiled Statutes 140/7(1)(d):
a. Interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;
b. Interfere with active administrative enforcement proceedings conducted by the public body that is the recipient of the request;
c. Create a substantial likelihood that a person will be deprived of a fair trial or an impartial hearing;
d. Unavoidably disclose the identity of a confidential source, confidential information furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic accidents, traffic accident reports, and rescue reports shall be provided by agencies of local government except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of the request;
e. Disclose unique or specialized investigative techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, observation or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of the request;
f. Endanger the life or physical safety of law enforcement personnel or any other person; or
g. Obstruct an ongoing criminal investigation by the agency that is the recipient of the request.
6. The document(s) requested are records that relate to or affect the security of correctional institutions and detention facilities, 5 Illinois Compiled Statutes 140/7(1)(e).
7. The document(s) requested are preliminary drafts, notes, recommendations, memorandums and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body, 5 Illinois Compiled Statutes 140/7(1)(f).
8. The document(s) requested would disclose trade secrets and commercial or financial information obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, and that disclosure of the trade secrets or commercial or financial information would cause competitive harm to the person or business, and the claim directly applies to the records requested, including all trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. This exemption does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. This exemption does not apply to the identity of a privately held company within the investment portfolio of a private equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm. Nothing contained in this exemption is to be construed to prevent a person or business from consenting to disclosure, 5 Illinois Compiled Statutes 140/7(1)(g).
9. The document(s) requested constitute proposals or bids for a contract, grant or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contract or agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation is exempt until an award or final selection is made, 5 Illinois Compiled Statutes 140/7(1)(h).
10. The document(s) requested are valuable formulas, computer geographic systems, designs, drawings or research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss. The exemption for "computer geographic systems" does not extend to requests made by news media as defined in section 2 of the FOIA when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or legal rights of the general public, 5 Illinois Compiled Statutes 140/7(1)(i).
11. The document(s) requested are architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole or in part with public funds and the same for projects constructed or developed with public funds, including, but not limited to, power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security, 5 Illinois Compiled Statutes 140/7(1)(k).
12. The document(s) requested are minutes of meetings of public bodies closed to the public as provided in the open meetings act until the public body makes the minutes available to the public under section 2.06 of the open meetings act, 5 Illinois Compiled Statutes 140/7(1)(l).
13. The document(s) requested constitute or reflect communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies, 5 Illinois Compiled Statutes 140/7(1)(m).
14. The document(s) requested are records relating to a public body's adjudication of employee grievances or disciplinary cases, but this exemption does not extend to the final outcome of cases in which discipline is imposed, 5 Illinois Compiled Statutes 140/7(1)(n).
15. The document(s) requested relate to administrative or technical information associated with automated data processing operations, including, but not limited to, software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its data or the security of materials under this exemption, 5 Illinois Compiled Statutes 140/7(1)(o).
16. The document(s) requested relate to records relating to collective negotiating matters between public bodies and their employees or representatives, but any final contract or agreement is subject to inspection and copying, 5 Illinois Compiled Statutes 140/7(1)(p).
17. The document(s) requested relate to test questions, scoring keys, and other examination data used to determine the qualifications of an applicant for a license or employment, 5 Illinois Compiled Statutes 140/7(1)(q).
18. The document(s) requested relate to records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the eminent domain act, records, documents and information relating to that parcel are exempt except as may be allowed under discovery rules adopted by the Illinois supreme court. The records, documents and information relating to a real estate sale are exempt until a sale is consummated, 5 Illinois Compiled Statutes 140/7(1)(r).
19. The document(s) requested relate to any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool, including any claims, loss or risk management information, records, data, advice or communications, 5 Illinois Compiled Statutes 140/7(1)(s).
20. The document(s) requested relate to information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of a public body responsible for the regulation or supervision of financial institutions or insurance companies, unless disclosure is otherwise required by state law, 5 Illinois Compiled Statutes 140/7(1)(t).
21. The document(s) requested relate to information that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the electronic commerce security act, 5 Illinois Compiled Statutes 140/7(1)(u).
22. The document(s) requested relate to vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information under this exemption may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations, 5 Illinois Compiled Statutes 140/7(1)(v).
23. The document(s) requested relate to maps and other records regarding the location or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities owned by a utility, by a power generator, or by the Illinois power agency, 5 Illinois Compiled Statutes 140/7(1)(x).
24. The document(s) requested relate to information contained in or related to proposals, bids, or negotiations related to electric power procurement under section 1-75 of the Illinois power agency act and section 16-111.5 of the public utilities act that is determined to be confidential and proprietary by the Illinois power agency or by the Illinois commerce commission, 5 Illinois Compiled Statutes 140/7(1)(y).
25. The document(s) requested relate to the names, addresses, or other personal information of persons who are minors and are also participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations, 5 Illinois Compiled Statutes 140/7(1)(dd)/P.A. 97-0385.
26. The document(s) requested relate to the names, addresses, or other personal information of participants and registrants in programs of park districts, forest preserve districts, conservation districts, recreation agencies, and special recreation associations where such programs are targeted primarily to minors, 5 Illinois Compiled Statutes 140/7(1)(ee)/P.A. 97-0385.
27. The document(s) requested relate to one or more of the following statutory exemptions to the extent provided for by such specific statute(s):
a. Firm performance evaluations under section 55 of the architectural, engineering, and land surveying qualifications based selection act;
b. Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under section 11-21.5-5 of the Illinois municipal code;
c. Information and data concerning the distribution of surcharge monies collected and remitted by wireless carriers under the wireless emergency telephone safety act;
d. Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the department of transportation under section 11-212 of the Illinois vehicle code;
e. Records and information provided to a residential healthcare facility resident sexual assault and death review team or the executive council under the abuse prevention review team act;
f. Information that is prohibited from being disclosed under section 4 of the Illinois health and hazardous substances registry act;
g. Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the regional transportation authority under section 2.11 of the regional transportation authority act or the St. Clair County transit district under the bi-state transit safety act;
h. Information prohibited from being disclosed by the personnel records review act;
i. Information prohibited from being disclosed by the Illinois school student records act;
j. Information the disclosure of which is restricted under section 5-108 of the public utilities act;
k. Names and information of people who have applied for or received firearm owner's identification ("FOID") cards under the firearm owners identification card act (P.A. 097-0080).
[5 ILCS 140/7.5(f), (i), (j), (k), (l), (o), (p), (q), (r), (s), (v)].
l. Personally identifiable information which is exempted from disclosure under subsection (g) of section 19.1 of the Illinois toll highway act (P.A. 97-0342). (Ord. 2011-O-25, 11-1-2011)