How to File a Public Records Request in Manhattan, 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 throughout the state. Originally enacted in 1984 and significantly strengthened in 2010, the law applies to all units of local government, including the Village of Manhattan and all of its departments.

Under 5 ILCS 140/2(c), a "public record" is defined broadly to include any record, report, form, writing, letter, memorandum, electronic communication, or other documentary material pertaining to the transaction of public business, regardless of physical form. For the Village of Manhattan, this encompasses Village Board meeting minutes, building permits, zoning applications, vendor contracts, utility records, ordinances, budget documents, police incident reports, and email correspondence among village officials.

Key exemptions under 5 ILCS 140/7 include private personal information (Social Security numbers, financial account data), preliminary drafts and deliberative memoranda, active law enforcement investigative records, attorney-client privileged communications, and trade secrets. Importantly, the burden of justifying any withholding falls on the Village of Manhattan — not on you. Exemptions are to be construed narrowly, and the Village must release all reasonably segregable 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 Village of Manhattan

How to Submit Your Request

The Village of Manhattan accepts FOIA requests by email, mail, or in person at Village Hall. The Village provides an optional FOIA Request Form available on the documents page of its website, but you are not required to use it — a written letter is equally acceptable under Illinois law. For general village records (permits, contracts, budgets, ordinances, etc.), direct your written request to the Village Administrator's Office at 260 Market Place, Manhattan, IL 60442, or by email to ksing@villageofmanhattan.org. For Manhattan Police Department records (incident reports, use-of-force logs, etc.), submit a separate request to the Police Department FOIA Officer, Sgt. Michael Holford, at 240 Market Place, Manhattan, IL 60442, or by email to mholford@villageofmanhattan.org. All requests must be in writing so that a copy can be kept on file.

What to Include in Your Request

• Your full name and mailing address
• Your daytime phone number or email address so the Village can reach you
• A clear and specific description of the records you are requesting, including relevant dates, document types, and any identifying names or reference numbers
• Whether or not the request is for a commercial purpose (required disclosure under 5 ILCS 140/3.1)
• Your preferred format for receiving records (electronic PDF, paper copies, in-person inspection)
• A fee threshold — state the maximum fee you authorize, or request a fee waiver if the records serve the public interest
• A citation to the Illinois Freedom of Information Act, 5 ILCS 140

Response Deadlines and What to Expect

Under 5 ILCS 140/3(d), the Village of Manhattan must respond to a non-commercial FOIA request within five business days of receipt. Day one is counted as the first business day after the request is received — the day of receipt itself does not count. Illinois FOIA does not create separate timelines for residents versus non-residents; the five-business-day rule applies to any person.

A timely "response" means the Village must either provide the records, issue a written denial citing specific statutory exemptions, or notify you that additional time is needed. Providing records and acknowledging receipt are not the same — the Village may notify you within five business days that records are being gathered, with a date certain for full production.

Under 5 ILCS 140/3(e), the Village may extend the response deadline by up to five additional business days if it provides written notice within the original deadline explaining a specific statutory reason — such as the records being stored at a remote location, the request requiring review of an unusually large volume of records, or the need for consultation among multiple departments. If the Village fails to respond within any applicable deadline, the request is deemed denied by operation of law.

An important fee protection applies: if the Village fails to respond within five business days, it may not charge any copying fee for records subsequently produced. The first 50 pages of black-and-white, letter- or legal-size copies are provided free of charge; additional pages may be billed at the Village's actual reproduction cost, not to exceed $0.15 per page under 5 ILCS 140/6. For commercial-purpose requests, the statutory deadline extends to 21 business days under 5 ILCS 140/3.1.

What to Do If Your Request Is Denied or Delayed

A denial or non-response from the Village of Manhattan is not the end of the road. Illinois FOIA gives you meaningful tools to challenge improper withholding — and the burden always remains on the Village to justify denying access, not on you to prove you deserve the records.

Common reasons for denial include claims that records fall under a statutory exemption (such as personal privacy, attorney-client privilege, or active law enforcement investigative records); that the request is unduly burdensome; that the requested records do not exist; or that the request is for a commercial purpose. If your request is denied in whole or in part, the Village is required by 5 ILCS 140/9 to provide a written Notice of Denial that identifies each record or portion withheld and cites the specific exemption(s) under 5 ILCS 140/7 with a detailed factual basis. A failure to respond within the statutory deadline is treated as a deemed denial.

Your first and most accessible option is the Illinois Attorney General's Public Access Counselor (PAC). Under 5 ILCS 140/9.5, you may file a Request for Review within 60 days of the denial. The PAC can issue binding opinions requiring disclosure, mediate disputes informally, and provide this service entirely free of charge. Many disputes are resolved at this stage without any litigation.

Alternatively — or if the PAC does not resolve the matter — you may file suit directly in the Will County Circuit Court under 5 ILCS 140/11. Courts review FOIA cases on an expedited basis. If you substantially prevail, you are entitled to recover reasonable attorney's fees and costs. If a court finds the Village 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).

As a practical first step, always follow up directly with the Village FOIA Officer before escalating — many delays are administrative and can be resolved with a single phone call or email.

Steps to Appeal

1. Contact the Village FOIA Officer (Kevin Sing, ksing@villageofmanhattan.org, (815) 418-2100) in writing to inquire about the status of your request or the basis for any denial. A direct follow-up resolves many delays without formal escalation.
2. Review the written Notice of Denial carefully. The Village is required to cite the specific exemption(s) under 5 ILCS 140/7 and provide a detailed factual basis. If the denial is vague, lacks a statutory citation, or fails to address all responsive records, note this in your appeal.
3. Verify that the denial covers all responsive records — the Village must release any reasonably segregable, non-exempt portions of a partially withheld document under 5 ILCS 140/7(1). If the Village is withholding entire records when only portions are exempt, push back in writing.
4. Within 60 days of the denial (or deemed denial for a missed deadline), file a Request for Review with the Illinois Attorney General's Public Access Counselor (PAC) at public.access@ilag.gov, or by mail to: Public Access Counselor, Office of the Attorney General, 500 S. 2nd Street, Springfield, IL 62706. You may also call 1-877-299-3642. Include a copy of your original request and the Village's denial letter.
5. The PAC will review your complaint, may request a response from the Village, and can issue a binding opinion ordering disclosure, resolve the matter informally, or determine no violation occurred. PAC review is free and does not require an attorney.
6. If the PAC declines to act or issues a non-binding advisory opinion, file suit in the Will County Circuit Court under 5 ILCS 140/11, seeking injunctive or declaratory relief. FOIA cases receive expedited treatment, and the court will review any 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 Village willfully and intentionally violated the Act, it may impose civil penalties of $2,500 to $5,000 per violation under 5 ILCS 140/11(j).

Types of Records You Can Request from Manhattan, Illinois

The Village of Manhattan maintains a wide range of public records across its administrative, public safety, and development functions. Under the Illinois Freedom of Information Act, any document relating to the transaction of public business — regardless of format — is presumed to be a public record open for inspection.

• Village Board meeting minutes, agendas, and official resolutions
• Village ordinances, municipal code amendments, and annexation records
• Annual budgets, financial statements, and audit reports
• Building permits, inspection reports, and code violation notices
• Zoning applications, variance petitions, and site plan approvals
• Village contracts, vendor agreements, and procurement records
• Manhattan Police Department incident reports and arrest records
• Police use-of-force logs and internal affairs records
• Development agreements, planned unit development (PUD) approvals, and TIF district documents
• Village employee salary schedules and benefit cost data (non-exempt personnel information)
• Utility billing records and stormwater management reports
• Village-owned property records and real estate transactions
• Grant applications, federal and state funding agreements, and expenditure reports
• Capital improvement project plans, bids, and contractor records
• Ethics disclosure filings and elected officials' financial interest statements

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

Tips for Effective Public Records Requests in Manhattan