The Attorney General’s February 10, 2026, binding opinion (Public Access Opinion 26-002) found that a termination letter issued by a State’s Attorney’s Office was not exempt under the law enforcement exemptions under FOIA and instead had to be furnished to the requester.

Section 7(1)(d) of the Illinois Freedom of Information Act, 5 ILCS 140/1, et seq. (“FOIA”), allows a public body to withhold law enforcement records when disclosure interferes with an ongoing or reasonably contemplated law enforcement proceeding under section 7(1)(d)(i) or creates a substantial likelihood of prejudicing a fair trial or impartial hearing under section 7(1)(d)(iii). The public body must demonstrate a specific, credible risk of harm; speculation is not sufficient.

A reporter for The Herald-News submitted a FOIA request to the Will County State’s Attorney’s Office seeking records related to former employee Amy Burgett-Massee’s employment status, including suspensions, resignations, or termination. The Will County State’s Attorney’s Office denied access to her termination letter, citing FOIA sections 7(1)(d)(i) and 7(1)(d)(iii), stating disclosure would interfere with the pending criminal prosecution and the jury selection process.

Amy Burgett-Massee and her adult daughter are accused of unlawfully accessing the State’s Attorney’s Office computer systems, removing data from the network, and sharing confidential information from police reports and investigations with individuals under investigation. These alleged actions supported charges including computer tampering, aggravated computer tampering, and official misconduct, and prosecutors further alleged that the data removal created a substantial risk of death or serious harm to witnesses in certain Will County cases.

The Attorney General analyzed the FOIA law enforcement exemption sections 7(1)(d)(i) and 7(1)(d)(iii). The Attorney General found the State’s Attorney’s Office improperly withheld the termination letter, determining the letter is a personnel record, not a record maintained for law enforcement purposes, and therefore, it did not satisfy the threshold requirement to be exempt under sections 7(1)(d)(i) or 7(1)(d)(iii) of FOIA. The Attorney General explained that although the State’s Attorney’s Office is a law enforcement agency that investigates and prosecutes crimes, the termination letter was not created for such law enforcement purposes and was a letter that documented the termination of an employee.

The Attorney General also determined that the State’s Attorney’s Office failed to provide clear and convincing evidence that disclosure interfered with law enforcement proceedings or created a substantial likelihood of depriving anyone of a fair trial. There was no explanation provided for why safeguards such as Will County’s large, diverse jury pool and voir dire were insufficient to ensure a fair and impartial jury.

Accordingly, the Attorney General found that the Will County State’s Attorney’s Office violated FOIA by not providing the termination letter and directed immediate disclosure of the termination letter, allowing limited redactions for private information, including home address, personal email, and signatures, and a name listed in the letter.

About Haley Peters

Haley Peters is an associate in Tressler’s Local Government Practice Group. Haley concentrates her practice on serving cities and villages. Her practice emphasizes day-to-day operations and general corporate counsel matters for municipalities, counties, townships, park districts, and other taxing bodies. This includes liquor-related matters, planning and zoning matters, development, and employment matters. Read Haley’s full bio here.