TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.110 SUMMARY AND PURPOSE
Section 2260.110 Summary and Purpose
a) This
Part states the policy of Illinois State Board of Investment (Agency) for
making its records available for reasonable public inspection while, at the
same time, protecting legitimate interests in confidentiality.
b) This Part:
1) Establishes
the following classifications for records in the Agency's possession:
A) Records that shall be
disclosed; and
B) Records that shall be
withheld from disclosure.
2) Contains
the procedures by which requesters may obtain records in the Agency's
possession; and
3) Contains
the procedures for claiming and determining that records submitted to the
Agency are exempt from disclosure.
 | TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.120 DEFINITIONS
Section 2260.120 Definitions
Terms not defined in this Section shall have the same
meaning as in the Freedom of Information Act [5 ILCS 140]. The following
definitions are applicable for purposes of this Part:
"Act"
means the Pension Code [40 ILCS 5].
"Agency"
means Illinois State Board of Investment as established by the Act.
"Commercial purpose"
means the use of any part of a record or records, or information derived from
records, in any form for sale, resale, or solicitation or advertisement for
sales or services. For purposes of this definition, requests made by news
media and non-profit, scientific, or academic organizations shall not be
considered to be made for a "commercial purpose" when the principal
purpose of the request is:
to access
and disseminate information concerning news and current or passing events;
for
articles or opinion or features of interest to the public; or
for the
purpose of academic, scientific, or public research or education. (Section
2(c-10) of FOIA)
"Copying" means the
reproduction of any record by means of any photographic, electronic,
mechanical, or other process, device or means now known or hereafter developed
and available to the Agency. (Section 2(d) of FOIA)
"Director"
means the Executive Director of the Agency.
"FOIA"
means the Freedom of Information Act [5 ILCS 140].
"Freedom
of Information Officer" or "FOI Officer" means an individual or
individuals responsible for receiving and responding to requests for public
records.
"News media" means a
newspaper or other periodical issued at regular intervals, news service in
paper or electronic form, radio station, television station, television
network, community antenna television service, or person or corporation engaged
in making news reels or other motion picture news for public showing.
(Section 2(f) of FOIA)
"Person" means any
individual, corporation, partnership, firm, organization or association, acting
individually or as a group. (Section 2(b) of FOIA)
"Private information"
means unique identifiers, including a person's Social Security number, driver's
license number, employee identification number, biometric identifiers, personal
financial information, passwords or other access codes, medical records, home
or personal telephone numbers, and personal email addresses. Private
information also includes home address and personal license plates, except as
otherwise provided by law or when compiled without possibility of attribution
to any person. (Section 2(c-5) of FOIA)
"Public Access Counselor"
means an individual appointed to that office by the Attorney General under
Section 7 of the Attorney General Act [15 ILCS 205].
"Public body" means
all legislative, executive, administrative, or advisory bodies of the State,
State universities and colleges, counties, townships, cities, villages,
incorporated towns, school districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, any subsidiary bodies of any
of the foregoing, including but not limited to committees and subcommittees
thereof, and a School Finance Authority created under Article 1E of the School
Code [105 ILCS 5]. (Section 2(a) of FOIA)
"Records" means all
records, reports, forms, writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic data processing
records, electronic communications, recorded information and all other
documentary materials pertaining to the transaction of public business,
regardless of physical form or characteristics, having been prepared by or for,
or having been or being used by, received by, in the possession of or under the
control of the Agency. (Section 2(c) of FOIA)
"Recurrent requester"
means a person that, in the 12 months immediately preceding the request, has
submitted to the same public body a minimum of 50 requests for records, a
minimum of 15 requests for records within a 30-day period, or a minimum of 7
requests for records within a 7 day period. For the purposes of this
definition, requests made by news media and non-profit, scientific, or academic
organizations shall not be considered in calculating the number of requests
made in the time periods, in this definition when the principal purpose of the
requests is to access and disseminate information concerning news and current
or passing events, for articles of opinion or features of interest to the
public, or for the purpose of academic, scientific, or public research or
education. For the purposes of this definition, "request" means a
written document (or oral request, if the public body chooses to honor oral
requests) that is submitted to a public body via personal delivery, mail,
telefax, electronic mail, or other means available to the public body and that
identifies the particular public record the requester seeks. One request may
identify multiple records to be inspected or copied. (Section 2(g) of
FOIA)
"Requester" is any
person who has submitted to the Agency a written request, electronically or on
paper, for records.
"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. (Section 7(1)(c) of FOIA)
SUBPART B: CLASSIFICATION OF RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.210 RECORDS THAT WILL BE DISCLOSED
Section 2260.210 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 2260.220 or
2260.230. Records covered under this Section shall include, but are not
limited to:
a) 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)
b) 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)
c) 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:
1) Court
records that are public;
2) Records
that are otherwise available under State or local law; and
3) Records
in which the requesting party is the individual identified, except as provided
under Section 2260.220(a)(5)(F) of this Part. (Section 2.15(b) of FOIA)
d) 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 2260.220 or 2260.230
of this Part may be redacted. (Section 2.20 of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.220 RECORDS THAT WILL BE WITHHELD FROM DISCLOSURE
Section 2260.220 Records that Will Be Withheld from
Disclosure
When a request is made to inspect or copy a record that
contains information that is otherwise exempt from disclosure under this
Section, but also contains information that is not exempt from disclosure, the
Agency may elect to redirect the information that is exempt. The Agency shall
make the remaining information available for inspection and copying.
(Section 7(1) of FOIA)
a) Subject
to this requirement and Section 7 of FOIA, the following shall be exempt from
inspection and copying:
1) Information
specifically prohibited from disclosure by federal or State law or rules and
regulations implementing federal or State law; (Section 7(1)(a) of FOIA)
2) Private
information, unless disclosure is required by another provision of FOIA, a
State or federal law or a court order; (Section 7(1)(b) of FOIA)
3) Files,
documents, and other data or databases 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; (Section 7(1)(b-5) of FOIA)
4) Personal
information contained within 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; (Section 7(1)(c) of FOIA)
5) Records
in the possession of any public body created in the course of administrative
enforcement proceedings, and any law enforcement or correctional agency for law
enforcement purposes, but only to the extent that disclosure would:
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 Agency will provide traffic accident reports,
the identities of witnesses to traffic accidents, and rescue reports, except
when disclosure would interfere with an active criminal investigation;
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;
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; (Section 7(1)(d) of FOIA)
6) Preliminary
drafts, notes, recommendations, memoranda 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 Agency. The exemption
provided in this subsection (a)(10) extends to all those records of
officers and agencies of the General Assembly that pertain to the preparation
of legislative documents; (Section 7(1)(f) of FOIA)
7) 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 only insofar as the
claim directly applies to the records requested. 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. The exemption contained in this subsection (a)(11) 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. The exemption
contained in this subsection (a)(11) 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 in this subsection (a)(11) shall be
construed to prevent a person or business from consenting to disclosure; (Section
7(1)(g) of FOIA)
8) Proposals
and bids for any contract, grant, or agreement, including information that 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 shall be exempt until an award or final selection
is made; (Section 7(1)(h) of FOIA)
9) Valuable
formulae, computer geographic systems, designs, drawings and research data
obtained or produced by the Agency when disclosure could reasonably be expected
to produce private gain or public loss. The exemption for "computer
geographic systems" provided in this subsection (a)(13) does not
extend to requests made by news media as defined in Section 2260.120 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; (Section 7(1)(i) of FOIA)
10) Minutes
of meetings of public bodies closed to the public as provided in the Open
Meetings Act [5 ILCS 120] until the public body makes the minutes
available to the public under Section 2.06 of the Open Meetings Act;
(Section 7(1)(l) of FOIA)
11) Communications
between the Agency and an attorney or auditor representing the Agency that
would not be subject to discovery in litigation, and materials prepared or
compiled by or for the Agency in anticipation of a criminal, civil or
administrative proceeding upon the request of an attorney advising the Agency,
and materials prepared or compiled with respect to internal audits of the
Agency; (Section 7(1)(m) of FOIA)
12) Records
relating to the Agency's adjudication of employee grievances or disciplinary
cases; however, this exemption shall not extend to the final outcome of cases
in which discipline is imposed; (Section 7(1)(n) of FOIA)
13) 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 exempt under this Section; (Section 7(1)(o) of FOIA)
14) Records
relating to collective negotiating matters between the Agency and its employees
or representatives, except that any final contract or agreement shall be
subject to inspection and copying; (Section 7(1)(p) of FOIA)
15) The
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
[735 ILCS 30], records, documents and information relating to that parcel
shall be 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 shall be exempt only until a sale is consummated; (Section
7(1)(r) of FOIA)
16) 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. Insurance or self-insurance (including
any intergovernmental risk management association or self-insurance pool) claims,
loss or risk management information, records, data, advice or communications;
(Section 7(1)(s) of FOIA)
17) Information
contained in or related to examination, operating, or condition reports
prepared by, on behalf of, or for the use of an Agency responsible for the
regulation or supervision of financial institutions or insurance companies,
unless disclosure is otherwise required by State law; (Section 7(1)(t) of
FOIA)
18) 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 ILCS 175]; (Section 7(1)(u) of FOIA)
19) 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 exempt under
this subsection (a)(26) 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; (Section
7(1)(v) of FOIA)
b) 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 Subpart C. (Section 7(2) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.230 STATUTORY EXEMPTIONS
Section 2260.230 Statutory Exemptions
To the extent provided for by the following statutes, the
following shall be exempt from inspection and copying:
a) Information
the disclosure of which is exempted under the State Officials and Employees Ethics
Act [5 ILCS 430] and records of any lawfully created State or local
inspector general's office that would be exempt if created or obtained by an
Executive Inspector General's office under that Act.
b) Information
prohibited from being disclosed by the Personnel Record Review Act [820
ILCS 40].
SUBPART C: PROCEDURES FOR REQUESTING RECORDS FROM THE AGENCY
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.310 SUBMITTAL OF REQUESTS FOR RECORDS
Section 2260.310 Submittal of Requests for Records
a) Any
request for public records should be submitted in writing, via mail, email, fax
or hand delivery to the FOI Officer at the Agency's Chicago Office:
Illinois
State Board of Investment
180 North
LaSalle Street
Suite 2015
Chicago IL
60601
Attn: FOI
Officer
Fax:
312/793-2266
b) Contact
information for the FOI Officer can be found online at
http://www2.illinois.gov/isbi/Pages/FOI.aspx.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.320 INFORMATION TO BE PROVIDED IN REQUESTS FOR RECORDS
Section 2260.320 Information To Be Provided in Requests
for Records
A request for records should include:
a) The complete name,
mailing address and telephone number of the requester;
b) As
specific a description as possible of the records sought. Requests that the
Agency considers unduly burdensome or categorical may be denied. (See Section
3(g) of FOIA and Section 2260.420 of this Part.);
c) A
statement as to the requested medium and format for the Agency to use in
providing the records sought: for example, paper, specific types of digital or
magnetic media, or videotape;
d) A
statement as to the requested manner for the Agency to use in providing the
records sought: for example, inspection at Agency headquarters or providing
paper or electronic copies;
e) A
statement as to whether the requester needs certified copies of all or any
portion of the records, including reference to the specific documents that
require certification; and
f) A statement as to
whether the request is for a commercial purpose.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.330 REQUESTS FOR RECORDS FOR COMMERCIAL PURPOSES
Section 2260.330 Requests for Records for Commercial
Purposes
a) It
is a violation of FOIA for a person to knowingly obtain a record for a
commercial purpose without disclosing that it is for a commercial purpose if
requested to do so by the Agency. (Section 3.1(c) of FOIA)
b) The
Agency shall respond to a request for records to be used for a commercial
purpose within 21 working days after receipt. The response shall:
1) Provide
to the requester an estimate of the time required by the Agency to provide the
records requested and an estimate of the fees to be charged, which the Agency
may require the person to pay in full before copying the requested documents;
2) Deny
the request pursuant to one or more of the exemptions set out in Section 2260.220
or 2260.230;
3) Notify
the requester that the request is unduly burdensome and extend an opportunity
to the requester to attempt to reduce the request to manageable proportions; or
4) Provide
the records requested. (Section 3.1(a) of FOIA)
c) Unless
the records are exempt from disclosure, the Agency shall comply with a request
within a reasonable period considering the size and complexity of the request,
and giving priority to records requested for non-commercial purposes. (Section
3.1(b) of FOIA)
SUBPART D: AGENCY RESPONSE TO REQUESTS FOR RECORDS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.410 TIMELINE FOR AGENCY RESPONSE
Section 2260.410 Timeline for Agency Response
a) Except
as stated in subsection (b) or (c), the Agency will respond to any written request
for records within 5 business days after its receipt of the request. Failure to
comply with a written request, extend the time for response, or deny a request
within 5 business days after its receipt shall be considered a denial of the
request. If the Agency fails to respond to a request within the requisite
periods in this subsection (a) but thereafter provides the requester
with copies of the requested records, it will not impose a fee for such
copies. If the Agency fails to respond to a request received, it will not
treat the request as unduly burdensome as provided under Section 2260.420.
(Section 3(d) of FOIA) A written request from the Agency to provide additional
information shall be considered a response to the FOIA request.
b) The
time limits prescribed in subsection (a) may be extended for not more
than 5 business days from the original due date for any of the following
reasons:
1) The
requested records are stored in whole or in part at locations other than the
office having charge of the requested records;
2) The
request requires the collection of a substantial number of specified records;
3) The
request is couched in categorical terms and requires an extensive search for
the records responsive to it;
4) The
requested records have not been located in the course of routine search and
additional efforts are being made to locate them;
5) The
requested records require examination and evaluation by personnel having the
necessary competence and discretion to determine if they are exempt from
disclosure under Section 7 or 7.5 of FOIA or should be revealed only
with appropriate deletions;
6) The
request for records cannot be complied with by the Agency within the time
limits prescribed by subsection (a) without unduly burdening or
interfering with the operations of the Agency; or
7) There
is a need for consultation, which shall be conducted with all practicable
speed, with another public body or among two or more components of a public
body having a substantial interest in the determination or in the subject
matter of the request. (Section 3(e) of FOIA)
c) The
person making a request and the Agency may agree in writing to extend the time
for compliance for a period to be determined by the parties. If the requester
and the Agency agree to extend the period for compliance, a failure by the
Agency to comply with any previous deadlines shall not be treated as a denial
of the request for the records. (Section 3(e) of FOIA)
d) When
additional time is required for any of the reasons set forth in subsection
(b), the Agency will, within 5 business days after receipt of the request,
notify the person making the request of the reasons for the extension and the
date by which the response will be forthcoming. Failure to respond within the
time permitted for extension shall be considered a denial of the request. If
the Agency fails to respond to a request within the time permitted for
extension but thereafter provides the requester with copies of the requested
public records, it may not impose a fee for those copies. If the Agency issues
an extension and subsequently fails to respond to the request, it will not
treat the request as unduly burdensome under Section 2260.420. (Section
3(f) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.420 REQUESTS FOR RECORDS THAT THE AGENCY CONSIDERS UNDULY BURDENSOME
Section 2260.420 Requests for Records that the Agency
Considers Unduly Burdensome
a) The
Agency will fulfill requests calling for all records falling within a category
unless compliance with the request would unduly burden the Agency, there is no way
to narrow the request, and the burden on the Agency outweighs the public
interest in the information. Before invoking this exemption, the Agency will
extend to the requester an opportunity to confer with it in an attempt to
reduce the request to manageable proportions. (Section 3(g) of FOIA) The
amended request must be in writing.
b) If
the Agency determines that a request is unduly burdensome, it shall do so in
writing, specifying the reasons why it would be unduly burdensome and the
extent to which compliance will so burden the operations of the Agency. The
response shall be treated as a denial of the request for information.
(Section 3(g) of FOIA)
c) Repeated
requests from the same person for records that are unchanged or identical to
records previously provided or properly denied under this Part shall be
deemed unduly burdensome. (Section 3(g) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.430 RECURRENT REQUESTERS
Section 2260.430 Recurrent Requesters
a) Notwithstanding
any provision of this Part to the contrary, the Agency will respond
to a request from a recurrent requester, as defined in Section 2260.120, within
21 business days after receipt. The response shall:
1) provide
to the requester an estimate of the time required by the Agency to
provide the records requested and an estimate of the fees to be charged, which
the Agency may require the person to pay in full before copying the
requested documents;
2) deny
the request pursuant to one or more of the exemptions set out in this Part;
3) notify
the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the
request to manageable proportions; or
4) provide
the records requested.
b) Within
5 business days after receiving a request from a recurrent requester, the
Agency will notify the requestor that the Agency is
treating the request as a recurrent request, of the reasons why the Agency is treating
the request as a recurrent request, and that the Agency will send an
initial response within 21 business days after receipt in accordance with
subsection (a). The Agency will also notify the requester of the proposed
responses that can be asserted pursuant to subsection (a).
c) Unless
the records are exempt from disclosure, the Agency will comply with a request
within a reasonable period considering the size and complexity of the request.
(Section 3.2 of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.440 REQUESTS FOR RECORDS THAT REQUIRE ELECTRONIC RETRIEVAL
Section 2260.440 Requests for Records that Require
Electronic Retrieval
a) A
request for records that requires electronic retrieval will be treated the same
as any other request for records, with the same timeline and extensions as
allowed for other records.
b) The
Agency will retrieve and provide electronic records only in a format and medium
that is available to the Agency.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.450 DENIALS OF REQUESTS FOR RECORDS
Section 2260.450 Denials of Requests for Records
a) The Agency will deny
requests for records when:
1) Compliance
with the request would unduly burden the Agency, as determined pursuant to
Section 2260.420 and the requester has not reduced the request to manageable
proportions; or
2) The
records are exempt from disclosure pursuant to Section 7 or 7.5 of FOIA or
Section 2260.220 or 2260.230 of this Part.
b) The
denial of a request for records must be in writing.
1) The
notification shall include a description of the records denied; the reason
for the denial, including a detailed factual basis for the application of any
exemption claimed; and the names and titles or positions of each person
responsible for the denial (Section 9(a) of FOIA);
2) Each
notice of denial shall also inform such person of the right to review by the
Public Access Counselor and provide the address and phone number for the Public
Access Counselor (Section 9(a) of FOIA); and
3) When
a request for records is denied on the grounds that the records are exempt
under Section 7 or 7.5 of FOIA, the notice of denial shall specify the
exemption claimed to authorize the denial and the specific reasons for the
denial, including a detailed factual basis and a citation to the supporting
legal authority (Section 9(b) of FOIA).
c) A
requester may treat the Agency's failure to respond to a request for records
within 5 business days after receipt of the written request as a denial for
purposes of the right to review by the Public Access Counselor.
d) If
the Agency has given written notice pursuant to Section 2260.410(d), failure to
respond to a written request within the time permitted for extension may be
treated as a denial for purposes of the right to review by the Public Access Counselor.
e) Any
person making a request for records shall be deemed to have exhausted his or
her administrative remedies with respect to that request if the Agency fails to
act within the time periods provided in Section 2260.410. (Section 9(c) of
FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.460 REQUESTS FOR REVIEW OF DENIALS - PUBLIC ACCESS COUNSELOR
Section 2260.460 Requests for Review of Denials −
Public Access Counselor
a) A
person whose request to inspect or copy a record is denied by the Agency may
file a request for review with the Public Access Counselor established in the
Office of the Attorney General not later than 60 days after the date of the
final denial. The request for review shall be in writing, be signed by the
requester, and include a copy of the request for access to records and any
response from the Agency. (Section 9.5(a) of FOIA)
b) A
person whose request to inspect or copy a record is made for a commercial
purpose may not file a request for review with the Public Access Counselor. A
person whose request to inspect or copy a record was treated by the Agency as a
request for a commercial purpose may file a request for review with the Public
Access Counselor for the limited purpose of reviewing whether the Agency
properly determined that the request was made for a commercial purpose.
(Section 9.5(b) of FOIA)
c) Within
7 business days after the Agency receives a request for review from the Public
Access Counselor, the Agency shall provide copies of records requested and
shall otherwise fully cooperate with the Public Access Counselor. (Section
9.5(c) of FOIA)
d) Within
7 business days after it receives a copy of a request for review and request
for production of records from the Public Access Counselor, the Agency may, but
is not required to, answer the allegations of the request for review. The
answer may take the form of a letter, brief, or memorandum. The Public Access
Counselor shall forward a copy of the answer to the person submitting the
request for review, with any alleged confidential information to which the
request pertains redacted from the copy. (Section 9.5(d) of FOIA)
e) The
requester may, but is not required to, respond in writing to the answer within
7 business days and shall provide a copy of the response to the Agency. (Section
9.5(d) of FOIA)
f) In
addition to the request for review, and the answer and response to the request,
if any, a requester or the Agency may furnish affidavits or records concerning
any matter germane to the review. (Section 9.5(e) of FOIA)
g) A
binding opinion from the Attorney General shall be binding upon both the
requester and the Agency, subject to administrative review under Section
2260.480. (Section 9.5(f) of FOIA)
h) If
the Attorney General decides to exercise his or her discretion to resolve a
request for review by mediation or by a means other than issuance of a binding
opinion, the decision not to issue a binding opinion shall not be reviewable. (Section
9.5(f) of FOIA)
i) Upon
receipt of a binding opinion concluding that a violation of FOIA has occurred,
the Agency will either take necessary action immediately to comply with the
directive of the opinion or shall initiate administrative review under Section
2260.480. If the opinion concludes that no violation of FOIA has occurred,
the requester may initiate administrative review under Section 2260.480.
(Section 9.5(f) of FOIA)
j) If
the Agency discloses records in accordance with an opinion of the Attorney
General, the Agency is immune from all liabilities by reason thereof and shall
not be liable for penalties under FOIA. (Section 9.5(f) of FOIA)
k) If
the requester files suit under Section 2260.470 with respect to the same
denial that is the subject of a pending request for review, the requester shall
notify the Public Access Counselor. (Section 9.5(g) of FOIA)
l) The
Attorney General may also issue advisory opinions to the Agency regarding
compliance with FOIA. A review may be initiated upon receipt of a written
request from the Director of the Agency or the Agency's General Counsel, which
shall contain sufficient accurate facts from which a determination can be
made. The Public Access Counselor may request additional information from the
Agency in order to assist in the review. If the Agency relies in good faith on
an advisory opinion of the Attorney General in responding to a request, the
Agency is not liable for penalties under FOIA, so long as the facts upon which
the opinion is based have been fully and fairly disclosed to the Public Access
Counselor. (Section 9.5(h) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.470 CIRCUIT COURT REVIEW
Section 2260.470 Circuit Court Review
A requester also has the right to file suit for injunctive
or declaratory relief in the Circuit Court for Cook County or for the county in
which the requester resides, in accordance with the procedures set forth in
Section 11 of FOIA.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.480 ADMINISTRATIVE REVIEW
Section 2260.480 Administrative Review
A binding opinion issued by the Attorney General shall be
considered a final decision of an administrative agency, for purposes of
administrative review under the Administrative Review Law [735 ILCS 5/Art.
III]. An action for administrative review of a binding opinion of the Attorney
General shall be commenced in Cook County or Sangamon County. An advisory
opinion issued to the Agency shall not be considered a final decision of the
Attorney General for purposes of this Section. (Section 11.5 of FOIA)
SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.510 INSPECTION AND COPYING OF RECORDS
Section 2260.510 Inspection and Copying of Records
a) The
Agency may make available records for personal inspection at the Agency's
Chicago office, or at another location agreed to by both the Agency and the
requester. No original record shall be removed from State-controlled premises
except under constant supervision of the agency responsible for maintaining the
record. The Agency may provide records in duplicate forms, including, but not
limited to, paper copies, data processing printouts, videotape, microfilm,
audio tape, reel to reel microfilm, photographs, computer disks and diazo.
b) When
a person requests a copy of a record maintained in an electronic format, the
Agency shall furnish it in the electronic format specified by the requester, if
feasible. If it is not feasible to furnish the records in the specified
electronic format, then the Agency shall furnish it in the format in which it
is maintained by the Agency, or in paper format at the option of the requester.
(Section 6(a) of FOIA)
c) A
requester may inspect records by appointment only, scheduled subject to space
availability. The Agency will schedule inspection appointments to take place
during normal business hours, which are 8:30 a.m. to 5:00 p.m. Monday through
Friday, exclusive of State holidays. If the requester must cancel the viewing
appointment, the requester shall so inform the Agency as soon as possible
before the appointment.
d) In
order to maintain routine Agency operations, the requester may be asked to
leave the inspection area for a specified period of time.
e) The requester will have
access only to the designated inspection area.
f) Requesters
shall not be permitted to take briefcases, folders or similar materials into
the room where the inspection takes place. An Agency employee may be present
during the inspection.
g) The
requester shall segregate and identify the documents to be copied during the
course of the inspection.
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.520 FEES FOR RECORDS
Section 2260.520 Fees for Records
a) In
accordance with Section 2260.530, unless a fee is otherwise fixed by statute,
the Agency will provide copies of records and certifications of records in
accordance with the fee schedule set forth in Appendix A.
b) In
calculating its actual cost for reproducing records or for the use of the
equipment of the Agency to reproduce records, the Agency will not include the
costs of any search for and review of the records or other personnel costs
associated with reproducing the records. (Section 6(b) of FOIA)
c) In
order to expedite the copying of records that the Agency cannot copy, due to
the volume of the request or the operational needs of the Agency, in the
timelines established in Section 2260.410, the requester may provide, at the
requester's expense, the copy machine, all necessary materials, and the labor
to copy the public records at the Agency headquarters in Section 2260.510, or
at another location agreed to by both the Agency and the requester. No original
record shall be removed from State-controlled premises except under constant
supervision of the agency responsible for maintaining the record.
d) Copies
of records will be provided to the requester only upon payment of any fees
due. The Agency may charge the requester for the actual cost of purchasing
the recording medium, whether disc, diskette, tape, or other medium, but the
Agency will not charge the requester for the costs of any search for and review
of the records or other personnel costs associated with reproducing the
records. (Section 6(a) of FOIA) Payment must be by check or money order
sent to the Agency, payable to "Illinois State Board of Investment".
e) If a
contractor is used to inspect or copy records, the following procedures shall
apply:
1) The
requester, rather than the Agency, must contract with the contractor;
2) The
requester is responsible for all fees charged by the contractor;
3) The
requester must notify the Agency of the contractor to be used prior to the scheduled
on-site inspection or copying;
4) Only
Agency personnel may provide records to the contractor;
5) The
Agency must have verification that the requester has paid the Agency, if
payment is due, for the copying of the records before providing the records to
the contractor; and
6) The
requester must provide to the Agency the contractor's written agreement to hold
the records secure and to copy the records only for the purpose stated by the
requester.
f) The
Agency may charge up to $10 for each hour spent by personnel in searching for
and retrieving a requested record. No fees shall be charged for the first 8
hours spent by personnel in searching for or retrieving a requested record.
The Agency may charge the actual cost of retrieving and transporting public
records from an off-site storage facility when the public records are
maintained by a third-party storage company under contract with the Agency. If
the Agency imposes a fee pursuant to this subsection (f), it must provide the
requestor with an accounting of all fees, costs, and personnel hours in
connection with the request for public records. The provisions of this
subsection (f) apply only to commercial requests. (Section 6(f) of FOIA)
| TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260
ACCESS TO RECORDS OF THE ILLINOIS
STATE BOARD OF INVESTMENT
SECTION 2260.530 REDUCTION AND WAIVER OF FEES
Section 2260.530 Reduction and Waiver of Fees
a) Fees
may be reduced or waived by the Agency if the requester states the specific
purpose for the request and indicates that a waiver or reduction of the fee is
in the public interest. In making this determination, the Agency will
consider the following:
1) Whether
the principal purpose of the request is to disseminate information regarding
the health, safety, welfare or legal rights of the general public; and
2) Whether
the principal purpose of the request is personal or commercial benefit. For
purposes of this subsection (a), "commercial benefit" shall
not apply to requests made by news media when the principal purpose of the
request is to access and disseminate information regarding the health, safety,
welfare or legal rights of the general public. (Section 6(c) of FOIA)
b) In
setting the amount of the waiver or reduction, the Agency will take into
consideration the amount of materials requested and the cost of copying them. (Section
6(c) of FOIA)
c) The
Agency will provide copies of records without charge to federal, State and
municipal agencies, Constitutional officers and members of the General
Assembly, and not-for-profit organizations providing evidence of good standing
with the Secretary of State's Office.
d) Except
to the extent that the General Assembly expressly provides, statutory fees
applicable to copies of records when furnished in a paper format will not be
applicable to those records when furnished to a requester in an electronic
format. (Section 6(a) of FOIA)
Section 2260.APPENDIX A Fee Schedule for Duplication and Certification of Records
ADMINISTRATIVE CODE TITLE 2: GOVERNMENTAL ORGANIZATION
SUBTITLE E: MISCELLANEOUS STATE AGENCIES
CHAPTER XXXII: ILLINOIS STATE BOARD OF INVESTMENT
PART 2260 ACCESS TO RECORDS OF THE ILLINOIS STATE BOARD OF INVESTMENT
SECTION 2260.APPENDIX A FEE SCHEDULE FOR DUPLICATION AND CERTIFICATION OF RECORDS
Section 2260.APPENDIX A Fee Schedule for Duplication
and Certification of Records
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TYPE OF DUPLICATION
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FEE (PER COPY)
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Paper copy from original, up to and including 50 copies of
black and white, letter or legal sized copies
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No charge
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Paper copy from original, in excess of 50 copies of black
and white, letter or legal sized copies
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$.15/page
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Paper copy from microfilm original
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$.15/page
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Microfilm diazo from original
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$.50/diazo
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VHS video copy of tape
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Actual cost of the reproduction
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Audio tape copy of tape
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Actual cost of the reproduction
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CD ROM disk
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Actual cost of the reproduction
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Photograph from negative
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Actual cost of the reproduction
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Blueprints/oversized prints
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Actual cost of the reproduction
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Paper copies in color or in a size other than letter or
legal
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Actual cost of the reproduction
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Certification fee
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$1.00/record
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NOTE: Expense for delivery other than by First Class U.S.
Mail must be borne by the requester.
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