How to File a Public Records Request in Naperville, Illinois

What Is the Illinois Freedom of Information Act?

The Illinois Freedom of Information Act (FOIA), codified at 5 ILCS 140/1 et seq., was enacted in 1984 and substantially strengthened by Public Act 96-0542, effective January 1, 2010. The law grants every person — resident or not, individual or organization — the right to inspect and obtain copies of public records held by state and local government bodies, including the City of Naperville.

Under the ILCS, a 'public record' includes all documents, reports, letters, books, maps, photographs, recordings, electronic data, and other materials — regardless of physical form — made or received by a public body in connection with the transaction of public business. This means building permits, City Council meeting minutes, contracts with vendors, zoning decisions, police incident reports, employee salary data, and government emails are all presumptively public.

The law establishes a clear 'presumption of openness': all records in a public body's custody are presumed to be open for inspection unless a specific statutory exemption applies. Key exemptions include personnel records, certain law enforcement investigative files, attorney-client privileged communications, trade secrets, and records that would constitute an unwarranted invasion of personal privacy. When exemptions apply to only part of a record, the City must release the non-exempt portions. The burden falls on the City of Naperville — not the requester — to justify withholding any document.

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 Naperville

How to Submit Your Request

The City of Naperville accepts FOIA requests through several channels. The preferred and most convenient method is the online portal at naperville.il.us/services/foia-request/, which allows submissions 24 hours a day, 7 days a week — create an account and follow the on-screen instructions to submit electronically. This portal covers both Community Services Department records and Police Department records. Alternatively, you may email your written request to NapervilleClerks@naperville.il.us, submit it by mail or in person to the Municipal Center at 400 S. Eagle Street, or send it by fax to (630) 305-4466. For police records specifically, you may also contact the Records Section at 1350 Aurora Ave., Naperville, IL 60540, by phone at (630) 420-6157, or fax at (630) 305-4052. No specific form is required — a plain written description of the records you seek is sufficient. Per Illinois Public Act 104-0438 (effective January 1, 2026), if submitting electronically by email, the full text of your request must be included in the body of the message, not in an attachment.

What to Include in Your Request

• A clear description of the specific records you are requesting (dates, subject matter, parties involved, record type)
• Your name and a mailing address or email address where the City can send its response
• Your preferred format for receiving records (electronic or paper copies)
• A statement of your fee threshold — e.g., 'Please notify me before incurring costs exceeding $[X]'
• Whether you are a commercial or non-commercial requester (commercial requesters face different deadlines and fee rules)
• If requesting police records, include relevant incident numbers, dates, or case information to help staff locate the files
• A citation to the Illinois FOIA statute (5 ILCS 140) to establish the legal basis for your request

Response Deadlines and What to Expect

Under 5 ILCS 140/3, the City of Naperville must respond to a non-commercial FOIA request within five (5) business days of receipt. The clock starts when the written request is received by the appropriate department — not when it was mailed or submitted online. For this reason, the online portal is advantageous because it provides a timestamped confirmation.

A 'response' under Illinois FOIA may take several forms: the City may (1) comply fully by making records available; (2) provide a written notice of a time extension; (3) deny the request in whole or in part; or (4) notify you that the records do not exist. Simply acknowledging receipt does not satisfy the statutory obligation.

The City may extend its response deadline by up to five (5) additional business days by providing written notice stating the reason for the extension before the initial deadline expires (5 ILCS 140/3(e)). Permissible reasons include the need to search voluminous records, the need to consult with legal counsel, or the need to locate records stored at a remote facility. This means the maximum standard response window is ten (10) business days.

For commercial requests, the deadline is 21 business days. If the City fails to respond within the applicable deadline without providing a written extension notice, it is deemed a denial and you may immediately pursue an appeal.

Fees: The first 50 pages of black-and-white, letter- or legal-sized copies are free. Additional pages may be charged at up to $0.15 per page. Color copies or non-standard formats may incur higher costs based on actual expense. Electronic records may be provided at no charge beyond the actual cost of any recording medium. Critically, if the City fails to respond within the statutory deadline, it may not charge any fee for the responsive records.

What to Do If Your Request Is Denied or Delayed

If the City of Naperville denies your FOIA request — whether in full or in part — the denial must be in writing and must identify the specific statutory exemption(s) relied upon (5 ILCS 140/9). The City must also include a statement of your right to appeal. A failure to respond within the five-business-day window (without a proper extension notice) is treated as a constructive denial, and you may appeal immediately.

Common reasons for denial include: the records fall under a statutory exemption (personnel files, ongoing law enforcement investigations, attorney-client communications); the records do not exist; or your request is deemed unduly burdensome. If only part of a record is exempt, the City must release the remaining, non-exempt portions.

Your primary avenue for appeal is filing a Request for Review with the Illinois Attorney General's Public Access Counselor (PAC) within 60 days of the final denial. This is free, relatively fast, and can result in a binding opinion compelling the City to release records. The PAC also frequently resolves disputes informally through mediation without issuing a formal opinion.

You may also bypass the PAC and file suit directly in the DuPage County Circuit Court under 5 ILCS 140/11. If you substantially prevail in court, you may recover reasonable attorney's fees and litigation costs. Additionally, courts may impose civil penalties of $2,500 to $5,000 against an agency found to have willfully and intentionally refused to comply with the Act.

Practical advice: Before escalating, contact the FOIA officer directly to clarify your request or negotiate a narrower scope. Many disputes are resolved informally at this stage.

Steps to Appeal

1. Contact the Naperville Community Services Department (City Clerk's Office) by phone at (630) 305-5300 or email at NapervilleClerks@naperville.il.us to informally clarify or narrow your request — many disputes are resolved at this stage without formal escalation.
2. If denied in writing, review the denial letter carefully: the City must cite specific statutory exemptions under 5 ILCS 140/7. If the stated exemption appears inapplicable, note this in your appeal.
3. File a Request for Review with the Illinois Attorney General's Public Access Counselor (PAC) within 60 days of the final denial. Submit by email to public.access@ilag.gov or by calling 1-877-299-3642. Include a copy of your original request and all City responses. This process is free.
4. The PAC will review the matter and may resolve it informally, issue a binding opinion, or determine no violation occurred. The City must comply with a binding PAC opinion, though either party may seek judicial review in circuit court under 5 ILCS 140/11.5.
5. Alternatively, skip the PAC and file a complaint directly in the DuPage County Circuit Court under 5 ILCS 140/11. This option allows you to seek injunctive relief compelling record disclosure.
6. If you substantially prevail in court, you are entitled to recover reasonable attorney's fees and costs under 5 ILCS 140/11(i). The court may also impose civil penalties of $2,500–$5,000 on the City if it finds the refusal to comply was willful and intentional.
7. If you believe the City has a pattern of FOIA violations or is acting in bad faith, consider filing a complaint with the Illinois Attorney General's office, contacting local investigative journalists, or reaching out to civic organizations that track government transparency.

Types of Records You Can Request from Naperville, Illinois

The City of Naperville generates a broad range of public records across its departments, from routine administrative files to documents directly bearing on how taxpayer funds are spent and how public safety decisions are made. Under the Illinois FOIA, you have the right to request any of the following from the City:

• City Council meeting agendas, minutes, and voting records
• City ordinances, resolutions, and municipal code amendments
• City budgets, audited financial statements, and expenditure reports
• Contracts and agreements between the City and private vendors or contractors
• Building permits, inspection reports, and code enforcement records
• Zoning decisions, variance applications, and planning commission records
• Police incident reports, use-of-force records, and crime statistics
• Police body camera and dashboard camera footage (subject to applicable exemptions)
• City employee salary and benefits data
• 911 dispatch logs and emergency response records
• City-owned property records and real estate acquisition files
• Environmental compliance reports and utility infrastructure records
• Grant applications and award documents received by the City
• Records of citizen complaints against City employees or departments
• Intergovernmental agreements with DuPage County, Will County, or other municipalities

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

Tips for Effective Public Records Requests in Naperville