Illinois (ECWd) –
The Illinois Department of Commerce & Economic Opportunity is the state agency that, according to their website, “works to fortify Illinois’ reputation as a global economic powerhouse while ensuring Illinois is the best state to live, work and do business.”
We submitted a simple Freedom of Information Act request for three items on January 6, 2026.
- A copy of the completed Open Meetings Act training certificates for all board members.
- A copy of the completed Freedom of Information Act training certificates for all FOIA officers and any designated alternative FOIA officers.
- A copy of the board minutes where the board took action to appoint a FOIA officer.
January 14, 2026, a day after the deadline for compliance, I received an email from the legal counsel for DCEO requesting an additional 5 days to compile and review responsive information.
Program staff is working on your request, however, they are not done and would like to request an additional 5 days to compile and review responsive information. This in no way waives the Department’s possible assertions relating to exemptions or the burdensomeness of the request. Thank you for your continued patience.
I responded to the lawyer on the same day”
I appreciate the update.
As Legal Counsel for IDES, I would urge a review of the Freedom of Information Act provisions related to response to FOIA timelines and applicable exemptions.
You will find you have 5 business days after receipt, unless the time for response is properly extended under subsection (e) of this Section. I do not see any reference to the applicable justifiable delays in your response. I would ask that you review subsection (e) of section 3 for guidance on a proper extension of time and applicable obligations.
If after that review and proper citation of an applicable extension of time, we can further discuss and agreeable timeline for compliance.
Later that same day, the attorney responded with the following:
Can you please identify which boards you are referring to in part 1 and part 3? Thank you.
My response:
It would be for all boards of this agency, to include the governing board.
On January 26, 2026, the attorney responded, and let’s say it is no wonder this state has problems.
In regard to items #1 and #2, they stated that it “would place an undue burden on the Department that would substantially outweigh the public interest in the material that you are seeking. See 5 ILCS 140/2(g).”
Section 2g involves Recurrent Requester matters and has nothing to do with undue burden provisions, which are found in section 3g. He alleged that my request was unduly burdensome to the operation of the public body. To support his position, drum roll please, he said, “There are more boards and board members than I can count. Simply requesting any and all board members does not narrow the search or provide any additional scope for your request.”
Considering the response to my FOIA is well past due, citing a section that does not apply, and failing to properly apply the unduly burdensome provision, which requires they provide an opportunity to narrow the request, the response for item number 2 makes total sense.
“Please be advised for Part 2 of your request, the Department is not in possession of any completed Freedom of Information Act training certificates for all FOIA officers and any alternative FOIA officers.”
How can a state agency that handles hundreds of millions of our dollars not even comply with the most basic matters in transparency? Who is the FOIA officer? The response from the attorney failed to mention that required element as well. Had there been a properly appointed FOIA officer who actually took the training, they could see why the response given is totally inadequate.
Can it get worse? Just look at the findings in their last audit by the Illinois Auditor General, which can be found at this link. We will update with a separate article on those finding but for starters, the Auditor General listed a finding for Noncompliance with Statutory Mandates.
We get a two-fer on this one. The statutory mandates pointed out by the Auditor General failed to mention the statutory mandates found in the Freedom of Information Act, which, in part, require the public body to appoint a FOIA officer, and that person is required to comply with the mandated training. DCEO has no records of such compliance. If the Auditor General fails to identify such a basic statutory mandate, is it any wonder the public body is not complying?
Along the famous line of, “you can’t make this stuff up”, note page 33 of the audit for DCEO. It contains an organizational chart for the DCEO. That list would appear to indicate the attorney responding does not know much of the inner workings of the office in which he is providing counsel.
You can download or review the FOIA response from DCEO at this link or view below.
response letter 2026-0001 Allen (002)
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