2012 IL App (5th) 110580
Ill. App. Ct.2012Background
- Two FOIA actions in Franklin County sought electronic copies of real property assessment and tax records, with requests framed as commercial in nature.
- Humm, as chief county assessment officer, demanded a fee of $1,609.40 under the Property Tax Code for electronic records.
- Gulley, Franklin County treasurer, declined to provide electronic records, stating they were maintained by Humm and subject to her fee schedule.
- Circuit court held that fees for electronic records were governed by the Property Tax Code, allowing a fee beyond actual reproduction cost, and denied relief.
- Appellants argued FOIA governs electronic records costs and that the fee was unlawful; the court’s ruling was appealed.
- Court reversed in part, holding FOIA, not the Property Tax Code, governs electronic-record fees and remanded for production at actual cost and attorney-fee review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which statute governs electronic record fees? | Sage argues FOIA controls fees for electronic records. | Humm argues Property Tax Code governs and allows a reasonable fee beyond cost. | FOIA governs electronic-record fees. |
| Is the electronic-record fee limited to actual cost under FOIA? | Fee must be only the cost of the electronic medium. | Fees may exceed cost per the Property Tax Code. | Yes, fee limited to actual cost under FOIA. |
| Was Gulley the proper custodian to compel release of electronic records? | Gulley uses and accesses the same electronic database and should provide records. | Gulley cannot generate records electronically and lacks custody for electronic copies. | Gulley cannot furnish electronic records; court affirmed as to Gulley. |
| Remand scope regarding attorney fees and costs under FOIA | Plaintiffs seek attorney fees if FOIA disclosure is ordered. | Fees unsettled awaiting statutory analysis. | Remand for attorney fees and costs determinations under FOIA. |
Key Cases Cited
- Sage Information Services v. King, 391 Ill. App. 3d 1023 (2009) (specific vs general statutes; fee authority for electronic records under Property Tax Code)
- Sage Information Services v. Henderson, 397 Ill. App. 3d 1060 (2010) (cites subsequent related FOIA fee decisions)
- Lucas v. Peters, 318 Ill. App. 3d 1 (2000) (de novo review standard for statutory interpretation)