September 20, 2024

Case Name: Public Access Opinion 24-011
Body: Office of the Attorney General, State of Illinois
Case Number: Request for Review 2024 PAC 82164
Decision Date: September 20, 2024

Introduction

The controversy arises from a FOIA request submitted by Mr. Michael Kielczewski to the Elk Grove Village Police Department on July 6, 2024, seeking a copy of Case/Incident Report EGP23-026823. This request included any associated records but excluded body camera footage. The Police Department denied the request on July 12, 2024, citing an exemption under Section 7(1)(d)(i) of FOIA, which protects records that could interfere with pending law enforcement investigations. Mr. Kielczewski sought these records to understand the reasons for his detention during a police investigation on December 18, 2023, when he was identified, searched, and later released. Following the denial, Mr. Kielczewski requested a review by the Public Access Counselor.

Relevant FOIA Rules

The relevant rules under the Illinois Freedom of Information Act (FOIA) emphasize that public records are presumed open for inspection unless exempted. Specific rules discussed include:

• Section 7(1)(d)(i): Exempts disclosure of law enforcement records if it interferes with ongoing or reasonably anticipated investigations. This requires the agency to prove such interference with clear evidence.
• Section 3(a): Mandates public bodies to disclose records unless exemptions apply, allowing partial disclosure with redactions where feasible.
• Section 7(1)(c): Protects personal privacy, allowing redactions of identifiable information like names or motives of uncharged suspects.
• Section 7(1)(b): Protects unique identifiers such as social security numbers and personal addresses from disclosure.
• Section 9(a): Requires public bodies to provide written notices of partial denials with justifications for any redactions.

Analysis and Findings

The Attorney General concluded that the Police Department’s rationale was insufficient. Conclusory claims of interference and references to unrelated investigations did not meet the clear and convincing standard required by FOIA. Applying the FOIA rules to the facts, the Attorney General’s Office found:

• The Police Department’s administrative closure of its investigation undermined its claim of interference.
• The cited exemption for ongoing multi-agency investigations lacked detailed justification or evidence of interference caused by disclosure.
• Privacy concerns under Section 7(1)(c) were addressed, suggesting redaction of personal details, such as suspect identities and witnesses, rather than withholding entire records.
• The Attorney General emphasized that FOIA favors transparency and public accountability, making the Police Department’s broad denial unjustifiable under the law.

Conclusion

Elk Grove Village Police Directed To Provide Records

The Attorney General directed the Elk Grove Village Police Department to release the requested records to Mr. Kielczewski, with permissible redactions for privacy under Sections 7(1)(c) and 7(1)(b). The decision reaffirmed FOIA’s purpose to ensure public access to records while balancing privacy and legitimate investigatory concerns.

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