On April 29, 2025, the Illinois Attorney General’s Public Access Counselor (PAC) issued its third binding opinion of the year, reaffirming the importance of timely FOIA compliance. In Public Access Opinion 25-003, the PAC found that the Chicago Transit Authority (CTA) violated Section 3(d) of the Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq.) when it failed to respond to a FOIA request seeking records related to its security canine operations.
Despite multiple inquiries from the requestor and the PAC, CTA did not comply with its five-business-day response deadline, issue a written denial, or properly extend its time for a response. The PAC emphasized that failure to act within the statutory timeline results in a denial by operation of law, and that a public body that fails to respond cannot later assert that a request is unduly burdensome or impose copying fees.
While this opinion does not create new guidance for public bodies beyond what previous binding opinions have already established, it serves as an important reminder: public bodies must respond to FOIA requests in a timely manner or properly utilize FOIA’s extension provisions. Administrative delays, even if inadvertent, do not excuse noncompliance under Illinois law.
Townships and public agencies should view this opinion as a reminder to evaluate their FOIA practices and implement robust compliance protocols.
If you have any questions about FOIA compliance, responding to public records requests, or implementing effective procedures for your organization, please contact Michael A. Airdo at mairdo@airdowerwas.com or Lauren K. McKenzie at lmckenzie@airdowerwas.com.