Illinois state government payroll requests

Mr. Walker:

The Illinois State Treasurer does not maintain these records. I suggest
you send this request to the Illinois State Comptroller.

Maureen Lydon

General Counsel

Illinois State Treasurer Dan Rutherford

100 West Randolph Street

Suite 15-600

Chicago, IL 60601

312-814-5633

mlydon@treasurer.state.il.us <mailto:mlydon@treasurer.state.il.us>

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March 8, 2013

Treasurer

Freedom of Information Officer

Illinois State Treasurer's Office

James R. Thompson Center

Suite 15-600

100 W. Randolph St.

Chicago, IL

To Whom It May Concern:

Persuant to the Illinois Freedom of Information Act (5 ILCS 140/1 to
11), I hereby request the following records:

2010, 2011, and 2012 payroll records for all employees paid by state
funds including agencies of the state government, state-funded colleges
and universities, and miscellaneous agencies.

For each employee, we'd like to receive the following information:

Name

Unique ID

Position

Organizational Unit

Work Location

Regular Wages

Overtime Pay

Other Pay

Benefits

Total Compensation

I also request that, if appropriate, fees be waived as I believe this
request is in the public interest. The requested documents will be made
available to the general public free of charge and is not for commercial
usage.

In the event that fees cannot be waived, I would be grateful if you
would inform me of the total charges in advance of fulfilling my
request. I would prefer the request filled electronically, by e-mail
attachment if available or CD-ROM if not. If these records exist in
electronic format, I request that those electronic records be provided
(not, for instance, that those electronic records be printed then
digitized to create images of the printouts).

Thank you in advance for your anticipated cooperation in this matter. I
look forward to receiving your response to this request within 5
business days, as the statute requires.

Michael Walker

Visible Government Online

Filed via MuckRock.com

E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):

MuckRock News

DEPT MR 3275

PO Box 55819

Boston, MA 02205-5819

PLEASE NOTE the new address as well as the fact that improperly
addressed (i.e., with the requester's name rather than MuckRock News)
requests might be returned by the USPS as undeliverable.

Mr. Walker:

Responsive to your request, attached is the 2012 State Employee List. It is my understanding that our office provided you with multiple years' lists on November 8, 2012, including 2010 and 2011. Please let me know if you would like them again, and I will be glad to send them.

Regarding the data elements you requested, the only unique identifying numbers for employees are their Social Security Numbers, which are exempt from disclosure under the Personal Information Protection Act, 815 ILCS 530, the Identity Protection Act, 5 ILCS 179, and the Social Security Act, 42 USC §1306. Social Security Numbers are further exempt under 5 ILCS 140/7(1)(b) as private information as defined in §2(c-5). Our office does not have information on work locations of employees, this information would have to be provided by the employing agencies.

As far as overtime pay is concerned, not every agency reports overtime to us. Consequently, the Comptroller's Office does not maintain overtime records; year-to-date earnings records only show gross pay and are not broken down. Other pay cannot be provided because lump sum compensation may contain confidential information such as benefit payouts, legal settlements, or tax payments. Therefore this information is exempt under 5 ILCS 140/7(1)(a) as prohibited from disclosure under the Illinois Income Tax Act, 35 ILCS 5, and the Internal Revenue Code, 26 USC §6103(a), and 5 ILCS 140/7(1)(c). Information on benefits will have to be provided by the Department of Central Management Services and/or the individual retirement systems.

Finally, the Comptroller's Office does not handle payment for the universities.

You have the right to have the denial of information reviewed by the Public Access Counselor (PAC) at the Office of the Attorney General, 5 ILCS 140/9.5(a). You can file your Request for Review with the PAC by writing to:

Public Access Counselor
Office of the Attorney General
500 S. Second St.
Springfield, Illinois 62706
Fax: (217) 782-1396
Email: publicaccess@atg.state.il.us

If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this letter, 5 ILCS 140/9.5(a). Please note that you must include a copy of your original FOIA request and this letter when filing a Request for Review with the PAC. You also have the right to seek a judicial review by filing a lawsuit in the State Circuit Court, 5 ILCS 140/11.

If you have any further questions or needs please let me know.