Section 2100.105  Classification of Records

a)         Records that Will be Disclosed

Upon request meeting the requirements of this Part, the Agency shall disclose to the requester all records requested except that it shall not disclose certain records as provided in Section 2100.105(b) or (c).  Records covered under this Section shall include, but are not limited to:

1)         Records of Funds.  All records relating to the obligation, receipt and use of public funds of the Agency are records subject to inspection and copying by the public. (Section 2.5 of FOIA)

2)         Payrolls.  Certified payroll records submitted to the Agency under Section 5(a)(2) of the Prevailing Wage Act [820 ILCS 130] are records subject to inspection and copying in accordance with the provisions of FOIA; except that contractors' and employees' addresses, telephone numbers, and Social Security numbers will be redacted by the Agency prior to disclosure.  (Section 2.10 of FOIA)

3)         Criminal History Records.  The following documents maintained by the Agency pertaining to criminal history record information are records subject to inspection and copying by the public pursuant to FOIA:

A)        Court records that are public;

B)        Records that are otherwise available under State or local law; and

C)        Records in which the requesting party is the individual identified, except as provided under Section 7(1)(d)(vi) of FOIA.  (Section 2.15(b) of FOIA)

4)         Settlement Agreements.  All settlement agreements entered into by or on behalf of the Agency are records subject to inspection and copying by the public, provided that information exempt from disclosure under Section 2100.105(a) or (b) may be redacted.  (Section 2.20 of FOIA)

5)         Records Not in Agency Possession.  A record that is not in the possession of the Agency but is in the possession of a party with whom the Agency has contracted to perform a governmental function on behalf of the Agency, and that directly relates to the governmental function and is not otherwise exempt under FOIA, shall be considered a record of the Agency for purposes of FOIA. (Section 7(2) of FOIA)

b)         Records that Will be Withheld from Disclosure

1)         For exemptions from FOIA that are stated in FOIA, see Section 7(1) of FOIA.

2)         For exemptions from FOIA that are stated in other statutes, see Section 7.5 of FOIA.

(Source:  Added at 43 Ill. Reg. 14660, effective December 3, 2019)