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  1. #1
    Join Date
    May 2011
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    2

    Default Are Employment References Exempt from FOIA Requests

    I have a FOIA question involving the State of Illinois:

    I was previously a police officer in Illinois for a suburban department and resigned on my own free will. I recently applied for another police officer position with a different department and was turned down due to the background investigation. They advised me that character references said negative things about me. I asked them about requesting the background investigation via FOIA and they advised me that all character reference statements are protected by FOIA and they would not release them if I filed for them, is this true?

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Slander and Foia

    http://www.ilga.gov/legislation/ilcs...85&ChapterID=2

    http://www.ag.state.il.us/government/FOIA_guide.pdf

    It would seem that the information on YOU is something you can request though they may indeed be able to hold confidential sources information private.

  3. #3
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Slander and Foia

    Since you're dealing with a local entity the state FOIA law will be the governing rule. 5 ILCS 140 is the state law on information access. Section 7(1)(b)(iii), (iv), (v) all provide for exemptions of personal information. The state's excemption are pro se and you can challenge them in circuit court where the public entitiy will have the burden of showing that they are exempt. What specific reason did they give you for the excemption? As in, they can't just say "Oh, well it's exempt.". They must provide you with the specific excemption they are claiming.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Slander and Foia

    FYI just be aware; not everything negative is slander. If it's true, it's not slander. If it's the speaker's honestly held and supportable opinion, it's probably not slander. If it's FALSE, THEN it's slander.

  5. #5
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Are Employment References Exempt from FOIA Requests

    Quote Quoting GSXR1000
    View Post
    I was previously a police officer in Illinois for a suburban department and resigned on my own free will.
    I'm not implying anything negative about you here but it's not unusual for people to resign preemptively when facing some accusation of wrong doing so telling a prospective employer that you quit/resigned does not necessarily preclude the possibility of references saying bad things about you. It would seem odd though, if you knew these people well enough to list them as references, that you would get thrown under the proverbial bus by them.

    As others have stated if it is true or a supportable and honest opinion it will be difficult, if not impossible, to win a suit. Have you tried asking your references why there are bus tire tracks on your back?

  6. #6
    Join Date
    May 2011
    Posts
    2

    Default Re: Are Employment References Exempt from FOIA Requests

    I know of at least one statement that the investigator told me of that was a serious alligation and an absolute lie, but he would not tell me who said it. I do know that this person was outside of the references that I provided. Second he asked me questions about rumors that my previous employer told him none of which were documented or investigated instances and were just that RUMORS. Third I resigned for several reasons none of which were for misconduct on my part!

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