Peoria Journal Star v. Cty of Peoria
52 N.E.3d 711
Ill. App. Ct.2016Background
- In Sept. 2013 the Peoria Journal Star and reporter Matt Buedel requested all special reports authored by Sgt. Kerrie Davis in 2013 under FOIA; the City produced one report and withheld a July 12, 2013 report as exempt.
- The City asserted exemptions under FOIA sections 7(1)(d)(i), 7(1)(d)(ii), and 7(1)(n), describing the withheld document as an employee grievance that led to two internal disciplinary cases.
- The Illinois Attorney General’s Public Access Bureau reviewed the record and concluded the cited FOIA exemptions did not apply; the City nevertheless continued to withhold the report.
- Plaintiffs sued for declaratory and injunctive relief; the trial court initially found the City had not shown the report was exempt, then after motion practice plaintiffs obtained summary judgment.
- The court held the City failed to prove, by clear and convincing evidence, that the July 12 report fell within FOIA §7(1)(n) (records relating to adjudication of employee grievances/disciplinary cases).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the July 12, 2013 report is exempt under FOIA §7(1)(n) as “records relating to a public body’s adjudication of employee grievances or disciplinary cases” | The report is not part of an adjudication; it is an investigatory grievance and thus must be disclosed. | The report served as the factual basis that initiated two internal disciplinary adjudications and is therefore related to adjudication and exempt. | The report is a grievance/investigatory document created before and independent of adjudication; §7(1)(n) does not cover it, so disclosure is required. |
| Whether the City met FOIA’s burden to prove an exemption by clear and convincing evidence | Plaintiff: City failed to provide the detailed, specific justification required to meet the clear-and-convincing standard. | City: Affidavit and description that disciplinary adjudications were conducted based on the report sufficed to show exemption. | The City failed to meet the clear-and-convincing evidentiary burden; summary judgment for plaintiffs affirmed. |
Key Cases Cited
- Lieber v. Board of Trustees of Southern Illinois University, 176 Ill. 2d 401 (statement of FOIA openness and presumption of public access)
- Illinois Education Ass’n v. Illinois State Board of Education, 204 Ill. 2d 456 (public body bears clear-and-convincing burden and exemptions construed narrowly)