my 11/21/11 review request to the il attorney general re: chicago public schools foia noncompliance

8/3/2019 my 11/21/11 review request to the IL Attorney General re: Chicago Public Schools FOIA noncompliance

1/9

November 21 , 2011

Sarah PrattActing Public Access CounselorOffice of the Attorney General500 S. 2nd Street

Springfield, Illinois 62706

Re: FOIA Request for Review - 2011 PAC 13270

Ms. Pratt:

This is a response to the attached November 10, 2011 letter from your office, signed by Tola Sobitan, which I

received five days ago.

This is to request that within 30 days of receipt of this letter that your office review and provide me with adetermination in writing as to:

1) Whether the Chicago Public Schools (CPS) failed to comply with the Illinois Freedom of Information Act, 5ILCS 140/1 (the Act).

2) Whether CPS withheld and/or destroyed records to evade complying with the Act.

3) Whether your office failed to comply with the Act.

To recount, from the attached April 11, 2011 letter Ms. Sobitan sent to CPS (emphasis added):

Specifically, on November 20, 2010, Mr. Heimlich submitted a FOIA request to CPS, seeking any and allrecords pertaining to Mr. Lee Cary's inquiry about Save-A-Life Foundation (SALF), including allcommunications to and from specific CPS employees and other parties regarding SALF. On February 17,

2011, CPS denied Mr. Heimlich's request, asserting that the requested records are exempt from disclosureunder Section 7.5(h) of FOIA which exempts from inspection and copying, "[information the disclosure ofwhich is exempted under the State Officials and Employees Ethics Act, and records of any lawfully createdState or local inspector general's office that would be exempt if created or obtained by an Executive InspectorGeneral's office under the Act." 5 ILCS 140/7.5(h).

We have determined that further inquiry is warranted with regard to this matter. See 5 ILCS 140/9.5(c). Inorder to determine whether CPS's denial was appropriate, we request that CPS submit to us a detailedlegal and factual basis for denying Mr. Heimlich's request pursuant to the Section 7.5(h) exemption.Notably, CPS's response should include a detailed explanation of its basis for asserting that therequested records are inevitably exempt under the State Officials and Employees Ethics Act.

CPS must provide this information within seven (7) working days after receipt of this correspondence.See 5 ILCS 140/9.5(c). In the context of a Request for Review, the issue is whether the public body has provedby clear and convincing evidence that its reasons for denying information or records were proper. See 5 ILCS140/1.2. Therefore, please make your response as factually specific as possible to allow us to understand whythe asserted exemption applies. If you believe that other documents or information would be helpful to us aswe review this matter, you may submit additional information with your response. We will notify you if werequest any additional information as we review this matter.

Under FOIA, we are required to forward a copy of any response from a public body to the requesterand to provide the requester with an opportunity to reply.

As of May 24, 2011 I hadn't received further correspondence from your office so I sent the following e-mail:


2/9

Date: Tue, 24 May 2011 09:19:33 -0400From: "Peter M. Heimlich" To:[email protected]: 2011 PAC 13270 - status inquiry

Tola SobitanAssistant Public Access CounselorOffice of the IL Attorney General

Dear Ms. Sobitan:

Re: 2011 PAC 13270

My last communication from your office in regards to this case was the attached April 11, 2011 letter. Pleaseadvise any developments since that date.

Thank you for your assistance and I look forward to your reply, preferably via e-mail.

Sincerely,

Peter M. Heimlich

I didn't receive a reply to my e-mail so I sent the following e-mail to you:

Date: Tue, 07 Jun 2011 09:28:16 -0400

From: "Peter M. Heimlich" To:[email protected]: "Ziegler, Robyn" Subject: inquiry re: FOIA Request for Review - 2011 PAC 13270

Sarah PrattActing Public Access CounselorOffice of the Attorney General500 S. 2nd Street

Springfield, Illinois 62706

Ms. Pratt:

Re: FOIA Request for Review - 2011 PAC 13270

Per the attached April 11, 2011 letter, your office instructed the Chicago Public Schools (CPS) to provideinformation to your department within seven working days. The letter also states that under FOIA, your officeis required to provide me with a copy of the response from CPS.

It has been almost two months since the date of your office's letter, however, I have not received any furthercorrespondence from your office. Therefore I'm concerned that your department may not be adhering to FOIAguidelines.

This is to request that you provide me with a detailed explanation of the actions your office has taken sinceApril 11 in regards to this matter. Please feel free to correspond with me via e-mail.

Thank you for your attention and I look forward to your reply, preferably by week's end, so that I may knowhow to proceed.

Sincerely,

Peter M. Heimlich

cc: The Hon. Lisa Madigan, IL Attorney General (% Robyn Ziegler)
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


3/9

I didn't receive a response to that e-mail either, hence my request (per item 3 above) for a determination that youroffice failed to comply with the Act.

Four months later, on September 28, 2011 I e-mailed Natalie Bauer, your office's Communications Director, witha request to advise me of the status of my FOIA appeal. (I contacted her because on my blog I intended to report arelated story.) I didn't receive a response so I sent her a follow-up on October 3.

I didn't receive a response to that either so on October 5, I wrote to Attorney General Madigan's Press Secretary,Robyn Ziegler. The next day I received an e-mail from Ms. Ziegler informing me that she was working on

obtaining a response.

Presumably Ms. Ziegler's efforts resulted in Ms. Sobitan's April 10 letter to me. Attached to that letter was a copy

of the following e-mail:

From: Daniels, Cassandra D [mailto:[email protected]]Sent: Wednesday, October 26, 2011 5:01 PMTo: Sobitan, AdetolaSubject: *Confidential*CPS Response 2011 PAC 13270

Ms. Sobitan:

I am writing in response to a request for review that was received from Mr. Peter Heimlich. On November 10,2011, Mr. Heimlich requested the following: "Any and all records pertaining to Mr. Car/s inquiry regardingSave-A-life Foundation, including but not limited to all communication to and from CPS employees, RonHuberman, James Sullivan, Lydia Hernandez, and other parties."

On February 16, 2011, the Chicago Public Schools denied Mr. Heimlich's request, citing, 5 ILCS 140/7.5(h),records of any lawfully created State of local inspector general's office would be exempt if created or obtainedby an Executive Inspector General's office.

Mr. Ron Huberman, is no longer a CPS employee and email records are not available. With regard tocommunications from James Sullivan and Lydia Hernandez, the District maintains no responsive information.

In January 2010, Chicago Public Schools provided Mr. Heimlich with copies of all invoices and paymentsmade to SALF.

The District maintains no further responsive information to this request.

Thank you for your assistance in this matter.

Kind Regards,

Cassandra D. Daniels

Freedom of Information Act OfficerChicago Public Schools

Among other concerns:

A. Ms. Daniels's e-mail utterly fails to comply with Ms. Sobitan's April 11 , 2011 letter to CPS which stated, Inorder to determine whether CPS's denial was appropriate, we request that CPS submit to us a detailed legal andfactual basis for denying Mr. Heimlich's request pursuant to the Section 7.5(h) exemption. Notably, CPS'sresponse should include a detailed explanation of its basis for asserting that the requested records are inevitablyexempt under the State Officials and Employees Ethics Act.

B. Ms. Sobitan's April 11 letter stated, CPS must provide this information within seven (7) working days after

receipt of this correspondence. 198 days elapsed between April 11 and Ms. Daniels's October 26 e-mail.
mailto:[email protected]:[email protected]:[email protected]


4/9

C. Ms. Daniels's statement that Ron Huberman is not a CPS employee is irrelevant. However, it may be worthnoting that according to the attached news report, he was employed by CPS until November 29, 2010.

Also please note that per my February 22, 2011 FOIA appeal, Lee Cary e-mailed Mr. Huberman and courtesy-copied CPS Inspector General James M. Sullivan on June 14, 2010. On June 22, 2010, Mr. Cary e-mailed LydiaHernandez at CPS's Office of the Inspector General.

Ms. Daniels's e-mail states, With regard to communications from James Sullivan and Lydia Hernandez, theDistrict maintains no responsive information. Based on the dates of Mr. Cary's e-mails, by failing to provide me

with copies of Mr. Cary's e-mails and any related records, apparently either CPS has destroyed the records or haschosen not to provide them.

I'm not familiar with CPS's record retention policy, but I am concerned that CPS's considerable delay inresponding to Ms. Sobitan's letter may constitute an effort to evade compliance with the Act. So that your officemay arrive at a determination, this is to request that your office obtain any and all relevant records from thecompanies and/or agencies that host and maintain CPS's e-mail servers.

In the near future I'd welcome some indication of how your office intends to proceed.

Thank you for your ongoing attention to this matter and I look forward to your reply.

Sincerely,

Peter M. Heimlich

Ph: (208)474-7283e-mail: [email protected]

website:MedFraudblog:The Sidebar

cc:

Chicago Public Schools

Jean-Claude Brizard, Chief Executive OfficerCassandra Daniels, Freedom of Information Act Officer

Office of the Illinois Attorney General

Robyn Ziegler, Press Secretary
mailto:[email protected]://medfraud.info/http://www.the-sidebar.com/http://www.the-sidebar.com/http://medfraud.info/mailto:[email protected]


5/9

OFFICE OF THE ATTORNEY GENE RAL

STATE OF ILLINOISLisa MadiganATTORNEY GENERAL

April 11,2011

Erin M. HillstromFOIA Law ClerkChicago Public Schools

Law Department125 S. Clark Street, Ste 700

Chicago, IL 60603

RE: FOIA Request for Review - 2011 PAC 13270

Dear Ms. Hillstrom:

We have received the enclosed Request for Review of a Freedom of Information Act (FOIA)

request submitted to Chicago Public School (CPS) by Mr. Peter M. Heimlich pursuant to Section

9.5(a) ofFOIA. 5 ILCS 140/9.5(a).

Specifically, on November 20, 2010, Mr. Heimlich submitted a FOIA request to CPS, seeking

any and all records pertaining to Mr. Lee Cary's inquiry about Save-A-Life Foundation (SALF),including all communications to and from specific CPS employees and other parties regardingSALF. On February 17, 2011, CPS denied Mr. Heimlich's request, asserting that the requestedrecords are exempt from disclosure under Section 7.5(h) of FOIA which exempts frominspection and copying, "[information the disclosure of which is exempted under the State

Officials and Employees Ethics Act, and records of any lawfully created State or local inspectorgeneral's office that would be exempt if created or obtained by an Executive Inspector General'soffice under the Act." 5 ILCS 140/7.5(h).

We have determined that further inquiry is warranted with regard to this matter. See 5 ILCS140/9.5(c). In order to determine whether CPS's denial was appropriate, we request that CPS

submit to us a detailed legal and factual basis for denying Mr. Heimlich's request pursuant to theSection 7.5(h) exemption. Notably, CPS's response should include a detailed explanation of its

basis for asserting that the requested records are inevitably exempt under the State Officials andEmployees Ethics Act.

CPS must provide this information within seven (7) working days after receipt of thiscorrespondence. See 5 ILCS 140/9.5(c). In the context of a Request for Review, the issue iswhether the public body has proved by clear and convincing evidence that its reasons fordenying information or records were proper. See 5 ILCS 140/1.2. Therefore, please make your

500 South Second Street, Springfield, Illinois 62706 (217)782-1090 TTY: (217)785-2771 Fax:(217)782-7046

100 West Randolph Street, Chicago, Illinois, 60601 (312)814-3000 TTY: (312)814-3374 Fax:(312)814-3806

1001 East Main, Carbondalc. Illinois 62901 (618) 529-6400 TTY: (618) 529-6403 Fax: (618) 529-6416


6/9

April 11,2011

Page 2

response as factually specific as possible to allow us to understand why the asserted exemption

applies. If you believe that other documents or information would be helpful to us as we review

this matter, you may submit additional information with your response. We will notify you if we

request any additional information as we review this matter.

Under FOIA, we are required to forward a copy of any response from a public body to therequester and to provide the requester with an opportunity to reply. 5 ILCS 140/9.5(d). The Actprovides, however, that "[t]o the extent documents produced by a public body contain

information that is claimed to be exempt from disclosure under Section 7 of [the] Act, the PublicAccess Counselor shall not further disclose that information." 5 ILCS 140/9.5(c). The Act also

requires that the Public Access Counselor redact "any alleged confidential information to whichthe request pertains" when providing a copy of your written response to the requester. 5 ILCS

140/9.5(d). To assist us in doing so, we request that you clearly identify any specific information

that you believe to be confidential.

For your reference, there are three possible outcomes for a Request for Review. First, the Public

Access Counselor (PAC) may decide that no violations have occurred and will so inform thepublic body and requester. Second, the matter may be resolved through informal mediation or

informal determination by staff from the PAC's office. Third, the PAC may decide to issue abinding opinion resolving the Request for Review.

Thank you in advance for your cooperation. If you have any questions or concerns, please feel

free to contact me at (312) 814-6437.

Sincerely,

Tola SobitanAssistant Public Access Counselor

cc: Peter M. Heimlich, w/o enclosures

500 South Second Street, SpriiiRfleUI, Illinois 62706 (217)782-1090 TTY: (217)785-2771 Fax:(217)782-7046

100 West Randolph Street, Chicago, Illinois, 60601 (312)814-3000 TTY: (312)814-3374 Fax:(312)814-3806

1001 East Main, Carbondale, Illinois 62901 (618) 529-6400 TTY: (618) 529-6403 Fax: (618) 529-6416


7/9

Lisa MadiganATTORNEY GENERAL

OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

November 10,2011

Mr. Peter Heimlich

3630 River Hollow Run

Duluth, GA 30096-6198

RE: FOIA Request for Review - 2011 PAC 13270

Dear Mr. Heimlich:

The Office of the Attorney General, Public Access Bureau, has received theenclosed response to your Request for Review from the Chicago Public Schools.

You may, but are not required to, reply in writing to the public body's enclosedresponse. If you choose to reply, you must submit your reply to this office within 7 businessdays of your receipt of this letter. 5 ILCS 140/9.5(d) (West 2010), as amended by Public Act 97-579, effective August 26, 2011. Please send a copy of your reply to the Chicago Public Schools

as well.

If you have any questions about this matter, please contact me at (312) 814-6437.

Very truly yours,

TOLA SOBITAN

Assistant Attorney General

Public Access Bureau

cc: Ms. Cassandra Daniels (will receive letter only)Chicago Public Schools125 South Clark StreetChicago, IL 60603

500 South Second Street, Springfield, Illinois 62706 (217)782-1090 TTY: (217)785 -2771 Fax:(217)782-7046100 West Randolph Street, Chicago, Illinois, 60601 (312)814-3000 TTY: (312)814-3374 Fax: (312)814-3806

1001 East Main, Carbondale, Illinois 62901 (618) 529-6400 TTY: (618) 529-6403 Fax: (618) 529-6416


8/9

From: Daniels, Cassandra D rmailto:cddaniels(a)cps.kl2.il.us]Sent: Wednesday, October 26, 2011 5:01 PMTo: Sobitan, AdetolaSubject: *Confidential*CPS Response 2011 PAC 13270

Ms. Sobitan:

I am writing in response to a request for review that was received from Mr. Peter Heimlich. On November 12011, Mr. Heimlich requested the following: "Any and all records pertaining to Mr. Car/s inquiry regarding

Save-A-life Foundation, including but not limited to all communication to and from CPS employees, Ron

Huberman, James Sullivan, Lydia Hernandez, and other parties."

On February 16, 2011, the Chicago Public Schools denied Mr. Heimlich's request, citing, 5 ILCS 140/7.5(h),

records of any lawfully created State of local inspector general's office would be exempt if created or obtain

by an Executive Inspector General's office.

Mr. Ron Huberman, is no longer a CPS employee and email records are not available. With regard to

communications from James Sullivan and Lydia Hernandez, the District maintains no responsive information

In January 2010, Chicago Public Schools provided Mr. Heimlich with copies of all invoices and payments madto SALF.

The District maintains no further responsive information to this request.

Thank you for your assistance in this matter.

Kind Regards,

Cassandra Daniels

Cassandra D. Daniels

Freedom of Information Act OfficerChicago Public SchoolsLaw Department

125 S.Clark Street7th FloorOffice: 773/553-1700Direct: 773/553-1660

2
mailto:cddaniels(a)cps.kl2.il.usmailto:cddaniels(a)cps.kl2.il.usmailto:cddaniels(a)cps.kl2.il.us


9/9

http://www.myfoxchicago.com/dpp/news/education/ron-huberman-terry-mazany-last-day-chicago-public-schools-ceo-chief-interim-20

I SQt naw f\n Inh fnr SrhnftlQ Advertisement

CEO Ron Huberman

Interim Chief Terry Mazany takes over

Updated: Monday, 29 Nov 2010, 9:01 AM CSTPublished : Monday, 29 Nov 2010, 9:01 AM CST

FOX Chicago News

Chicago - Monday will be the last day on the job for Chicagoschools CEO Ron Huberman.

Huberman announced earlier this month that he would be

stepping down from the $230,000 a year job.

Huberman said he wants to spend more time with his family.

His resignation came shortly after Mayor Daley announced hewould not seek another term.

In the interim, Huberman will be replaced by Terry Mazany , CEO

of the Chicago Community Trust. He will work for $.01, a token

salary.
http://www.myfoxchicago.com/dpp/news/education/ron-huberman-terry-mazany-last-day-chicago-public-schools-ceo-chief-interim-20101129http://www.myfoxchicago.com/dpp/news/education/ron-huberman-terry-mazany-last-day-chicago-public-schools-ceo-chief-interim-20101129

my 11/21/11 review request to the il attorney general re: chicago public schools foia noncompliance

Documents