Rockford board declines to waive FOIA fee after heated debate over transparency

The Rockford Public Schools Board of Education debated and rejected a request to waive fees for a public records request about transportation costs at its meeting this week.

Superintendent Doctor Matthews explained the district had granted the FOIA request and provided a fee estimate based on the ‘‘lowest paid individual capable of completing the work’’ — the district's accountant — and that fulfilling the request would require an estimated six hours of staff time. Matthews told the board the district followed the law and the estimate method in its calculation and did not recommend granting the appeal, saying a decision to waive fees would set a precedent he would not endorse.

Trustees pressed administration and each other over whether the district should include fringe-benefit costs in FOIA estimates, how timely responses were handled, and whether charging fees discourages public records access. One trustee who identified herself as experienced with accounting described why extracting three years of ledger details often requires pulling physical invoices and reconciling many line items, supporting the view that the work would be labor‑intensive.

During public comment, FOIA requester Emily Whalen said she has filed multiple FOIA requests to the district and described a pattern of extensions, fees and delays. ‘‘This has been very frustrating and honestly discouraging,’’ Whalen said, adding she could not afford repeated fees and suggested the treatment felt retaliatory. The superintendent and legal counsel responded in the meeting that the district applies FOIA procedures uniformly and that legal guidance supports charging for staff time when work beyond a simple copy is required.

A motion to approve the appeal — effectively to waive the fee — was made and seconded. After extended discussion among trustees that included concerns about cost to the district if staff time were diverted from other duties, and assurances that fee estimates must be adjusted to reflect actual time spent, the motion did not carry. With no adopted motion to approve the appeal, the district's estimated fee remains in place. The board did not provide a numeric roll-call result on the record; the chair announced the motion did not carry and moved to the next item.

Trustees indicated interest in discussing FOIA procedures and related policy questions in committee: several speakers urged the policy committee or legal counsel to review whether fringe benefits should be included in future fee estimates and how to improve transparency while balancing district costs. The superintendent said staff follow legal guidance and that estimates are adjusted if actual time differs from the estimate.

Next steps: the board signaled the policy committee will review public records procedures and brought forward related requests (including a separate trustee request to review the public comment policy). The district did not announce any immediate change to FOIA practice during the meeting.