How to File a Public Records Request in Yorkville, Illinois

What Is the Illinois Freedom of Information Act?

The Illinois Freedom of Information Act (5 ILCS 140/1 et seq.) guarantees any person — regardless of residency or citizenship — the right to inspect and copy public records held by government bodies in Illinois. Originally enacted in 1984 and significantly strengthened in 2010, the law applies to all executive, legislative, and administrative units of government, including the United City of Yorkville and all of its departments.

Under the Act, a 'public record' is defined broadly to include any record, report, form, writing, letter, memorandum, electronic communication, photograph, or other documentary material pertaining to the transaction of public business — regardless of physical format. For Yorkville, this encompasses City Council meeting minutes and ordinances, building permits, zoning files, city contracts, emails between city officials, budget documents, and more.

Key exemptions under 5 ILCS 140/7 include private personal information (Social Security numbers, financial account data), preliminary drafts and pre-decisional deliberative materials, active law enforcement investigative records, attorney-client privileged communications, trade secrets, and personnel performance evaluations. Critically, the burden of proof is on the City of Yorkville to justify any withholding — not on the requester to demonstrate entitlement. Exemptions are to be construed narrowly, and agencies must release all non-exempt portions of any partially withheld record.

Read the full text of the Illinois Freedom of Information Act (5 Illinois Compiled Statutes 140/1 et seq. (5 ILCS 140/1–140/11))

How to File a Public Records Request with the City of Yorkville

How to Submit Your Request

The United City of Yorkville accepts FOIA requests by email, regular mail, or in person at City Hall. No specific form is required — any written statement identifying the records you seek is sufficient, although the City does make a Freedom of Information Act Request Form (PDF) available on its FOIA page as an optional aid. For the fastest response, email your written request directly to City Clerk Jori Behland at [email protected]. Be sure to include your name, return contact information, and a clear description of the records you seek. You may also mail or hand-deliver a written request to the City Clerk's Office at 800 Game Farm Road during regular business hours. Note: Police Department records are handled separately. To request records maintained by the Yorkville Police Department — including incident reports — submit your request directly to the Police Department at 651 Prairie Pointe Drive, Yorkville, IL 60560, or by email.

What to Include in Your Request

• Your full name and return mailing address or email address
• A clear and specific description of the records you are requesting, including relevant dates, subject matter, department, or parties involved
• The approximate date range covered by the records
• Your preferred format for receiving records (electronic PDF or paper copies)
• A statement that the request is made under the Illinois Freedom of Information Act, 5 ILCS 140
• A fee threshold — state the maximum amount you authorize, or request a fee waiver if the request serves the public interest
• A statement that the request is NOT for a commercial purpose (to ensure the 5-business-day deadline applies)

Response Deadlines and What to Expect

Under 5 ILCS 140/3(d), the United City of Yorkville's Clerk's Office must respond to a non-commercial FOIA request within five business days of receipt. Day one is the first business day after the City receives your written request. The Illinois FOIA applies equally to all requesters — there is no separate deadline based on residency.

A timely 'response' means the City must either: (1) provide the requested records; (2) issue a written denial citing specific statutory exemptions; or (3) notify you in writing that additional time is required. Receiving an acknowledgment is not the same as receiving the records — production may follow the initial response.

Under 5 ILCS 140/3(e), the City may extend the deadline by up to five additional business days for specific statutory reasons, such as when records require retrieval from remote storage, consultation among multiple departments, or review of an unusually large number of documents. The extension notice must be in writing, state the reason, and provide a specific date by which a final response will be issued.

For commercial-purpose requests, the deadline extends to 21 business days under 5 ILCS 140/3.1. If the City fails to respond by any applicable deadline, the request is deemed denied by operation of law — and importantly, the City may not charge any copying fee for records it subsequently produces after missing the deadline.

The City's published fee schedule provides: the first 50 pages of standard-size paper (8½ × 11, 8½ × 14, and 11 × 17) are provided free of charge. Additional pages are billed at $0.15 per page. Oversized copies are $3.00 per page for 24" × 36" paper and $10.00 per page for 42" × 66" paper. Fees do not include the cost of employee time spent researching or copying records.

What to Do If Your Request Is Denied or Delayed

Receiving a denial — or hearing nothing at all — from the United City of Yorkville is not the end of the road. Illinois FOIA gives requesters meaningful tools to challenge improper withholding, and the law places the burden squarely on the City to justify any refusal to disclose.

The most common reasons for denial from municipal bodies include claims that records are covered by a statutory exemption under 5 ILCS 140/7 (such as private personal information, active law enforcement files, or attorney-client communications), that a request is deemed unduly burdensome, or that the requested records do not exist. If any of these grounds apply, the City must provide a written Notice of Denial that identifies each withheld record, cites the specific exemption by section number, and explains the factual basis for the claimed exemption. Partial denials require release of all non-exempt, segregable portions.

If the City fails to respond entirely within the statutory deadline (five business days for non-commercial requests), that silence is treated as a deemed denial under 5 ILCS 140/3(d), and you may escalate immediately.

Your most practical first step is often a direct follow-up: call or email City Clerk Behland at (630) 553-8567 or [email protected]. Administrative delays are common in smaller municipal offices, and a courteous inquiry frequently resolves the issue without formal escalation.

If informal outreach fails, your primary appellate avenue is the Illinois Attorney General's Public Access Counselor (PAC). Under 5 ILCS 140/9.5, you have 60 days from the date of denial to file a Request for Review. The PAC can mediate disputes, issue binding opinions, and often resolves matters without litigation — at no cost to the requester.

For more serious violations, you may also file suit directly in circuit court under 5 ILCS 140/11. If you substantially prevail, you are entitled to recover reasonable attorney's fees and costs. Courts may also impose civil penalties of $2,500 to $5,000 per violation on agencies found to have willfully and intentionally violated the Act.

Steps to Appeal

1. Contact City Clerk Jori Behland directly by phone at (630) 553-8567 or email at [email protected] to inquire about the status of your request or the specific basis for any denial — informal outreach resolves many delays.
2. Carefully review any written Notice of Denial. The City is required under 5 ILCS 140/9(a) to identify each withheld record, cite the precise exemption(s) under 5 ILCS 140/7, and provide a detailed factual basis. A vague or legally insufficient denial is itself grounds for appeal.
3. If the City fails to respond within five business days (or within any stated extension period), the request is deemed denied under 5 ILCS 140/3(d) — you may escalate immediately without waiting further.
4. Within 60 days of the denial, file a Request for Review with the Illinois Attorney General's Public Access Counselor (PAC) under 5 ILCS 140/9.5. Submit by email to [email protected] or by mail to: Public Access Counselor, Office of the Attorney General, 500 S. 2nd Street, Springfield, IL 62706. Include a copy of your original request and the City's written denial. You may also call the PAC at 1-877-299-3642 (toll-free).
5. The PAC will review your complaint, may request a response from the City, and can issue a binding opinion ordering disclosure, resolve the dispute informally through mediation, or determine that no violation occurred. A binding PAC opinion requires the City to comply or appeal to circuit court.
6. As an alternative to the PAC process — or if the PAC declines to act — file suit directly in the Kendall County Circuit Court under 5 ILCS 140/11 seeking injunctive or declaratory relief. FOIA cases are entitled to expedited docket treatment, and the court may review withheld records in camera.
7. If you substantially prevail in court, you are entitled to recover reasonable attorney's fees and costs under 5 ILCS 140/11(i). If the court finds the City willfully and intentionally violated the Act, it may impose a civil penalty of $2,500 to $5,000 per violation under 5 ILCS 140/11(j).

Types of Records You Can Request from Yorkville, Illinois

The United City of Yorkville maintains a broad range of public records across its departments. Under the Illinois Freedom of Information Act, any document related to the transaction of public business — regardless of format or medium — is presumed to be a public record open for inspection and copying.

• City Council meeting minutes, agendas, and adopted ordinances
• Mayor and City Administrator correspondence and executive communications
• City budgets, annual financial reports, and independent audits
• Building permits, inspection reports, and code enforcement records
• Zoning variance applications, annexation agreements, and land use records
• City contracts, vendor agreements, and procurement and purchasing records
• Development agreements, subdivision plat approvals, and TIF district documents
• Yorkville Police Department incident reports and use-of-force records
• Employee salary schedules and publicly available benefits data
• Utility billing policies, rate ordinances, and infrastructure project records
• City-owned property records and real estate transactions
• Grant applications, federal and state funding agreements, and expenditure reports
• Environmental compliance reports and stormwater management records
• Legal settlement agreements and judgments involving the City
• City fleet and capital equipment purchase records

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Yorkville to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Yorkville