1. law, govt and politics

4/2/2015
Illinois Times Mail ­ FW: Records Request Rushton (15­054)
From: Weisberg, Benno [mailto:[email protected]] Sent: Wednesday, March 25, 2015 11:27 AM
To: [email protected]
Cc: [email protected]; Sebek, Matthew
Subject: RE: Records Request Rushton (15­054)
Mr. Rushton,
After reviewing this matter further, we are attaching several records responsive to your FOIA request that were
initially withheld. Please note that certain material in the attached records concerning strategic discussions in
connection with disciplinary proceedings has been redacted pursuant to 5 ILCS 140/7(1)(f). In addition, the names
of individuals (other than the employees who were disciplined), and information that could identify them, have been
redacted pursuant to 5 ILCS 140/7(1)(c). For the reasons set forth in our original response letter, we are continuing
to withhold certain records pursuant to 5 ILCS 140/7(1)(f), 5 ILCS 140/7(1)(n) and the Personnel Records Review
Act.
As noted in our letter, you are entitled to seek review of our response by the Public Access Counselor, or by a
court.
Thanks,
Benno Weisberg
Benno Weisberg
Deputy General Counsel, Finance and Administration
Illinois Department of Central Management Services
James R. Thompson Center
100 W. Randolph St., Ste. 4­500
Chicago, Illinois 60601
Phone: 312­814­0933
From: Bruce Rushton [mailto:[email protected]] Sent: Tuesday, March 17, 2015 10:45 AM
To: Sebek, Matthew
Cc: 'Don Craven'
Subject: RE: Records Request Rushton (15­054)
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Illinois Times Mail ­ FW: Records Request Rushton (15­054)
Dear Mr. Sebek,
This is a response to the letter dated March 12, 2015 from Benno Weisberg, deputy general counsel, in response to
my Feb. 19, 2015 records request. I would appreciate it if you would ensure that he receives this.
As you are aware, the Illinois Freedom of Information Act requires that public bodies that assert exemptions to the
law must provide a “detailed factual basis” for the applicability of any and all exemptions claimed (5 ILCS 140/9 (a)
(b) ). What you have provided here is not a detailed factual basis, but a mere regurgitation of what the statute says.
“Factual” means more than what is in the statute, it means stating why the facts of a given case are such that
claiming an exemption is appropriate. You have failed to do this with regard to the claimed exemptions, which I will
further address below.
With regard to 5 ILCS 140/7(1) (c ), in the event these witness statements are from public employees, I will remind
you that the statute is explicit: “The disclosure of information that bears on the public duties of public employees
and officials shall not be considered an invasion of privacy” (5 ILCS 140/7(1)( c). The statute also requires that
public bodies perform a balancing test between privacy rights and the public’s right to know when asserting the
privacy exemption. This is the section of the statute that allows records to be withheld only to the extent that
disclosure “would constitute a clearly unwarranted invasion of personal privacy” (5 ILCS 140/7 (1) ( c) (emphasis
added). In short, you cannot simply claim privacy and be done with it. You may claim privacy only if certain narrow
conditions apply, and you have fallen well short of making that case in your response to my request. I would also
remind you that the statute allows for redaction if one part of a record is exempt and another part is not.
With regard to 5 ILCS 140/7(1)(d) (ii) and (n), you say in your response that “the final outcome of any proceedings
arising out of the incident may not yet be final.” While I am puzzled by your nomenclature, specifically the use of
the word “final” twice in the same sentence, the statute doesn’t address “may” or “might.” It talks about “will” and
“would.” More specifically, the law says that public bodies can withhold “Records in the possession of any public
body created in the course of administrative enforcement proceedings…but only to the extent that disclosure would
(emphasis added)…interfere with active administrative enforcement proceedings conducted by a public body that
is the recipient of the request.” In your response, you also say that releasing the records “would potentially interfere
with any subsequent grievance and/or disciplinary proceedings.” The word “potentially” does not appear anywhere in
the Illinois Freedom of Information Act, and so I am befuddled by your use of the term in your response to my
request. With regard to witness statements, both the statute and case law are clear: clear: Records relating to the
adjudication of employee grievances or disciplinary cases that may be withheld do not include witness statements
(Christian v. City of Springfield; State Journal Register v. University of Illinois Springfield; Kalven v. City of
Chicago). In light of this, both 5 ILCS 140/7(1)(c ) and (n) are not appropriate exemptions and fail to excuse the
withholding of the requested records.
While none of the exemptions claimed are applicable, I will also note that every exemption contained in the Illinois
Freedom of Information Act is discretionary, which is to say, public bodies may or may not invoke them.
With all of the above in mind, I would appreciate it if you would reconsider this request and produce the records as
required by law. I would like to resolve this matter quickly and amicably, and it seems to me that we could save
everyone time, trouble and, potentially, money if you reconsider this request with the letter and spirit of the
Freedom of Information Act in mind and so release to me the requested records.
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4/2/2015
Illinois Times Mail ­ FW: Records Request Rushton (15­054)
Bruce Rushton
Staff Writer, Illinois Times
P.O. Box 5256
Springfield, IL. 62704
Phone: 217­753­2226 x122
Fax: 217­753­2281
[email protected]
From: Sebek, Matthew [mailto:[email protected]] Sent: Thursday, March 12, 2015 5:55 PM
To: [email protected]
Cc: Behl, Kevin; Weisberg, Benno
Subject: RE: Records Request Rushton (15­054)
Mr. Rushton:
Please see attached. Thank you.
Matthew M. Sebek
Support Counsel and FOIA Officer, Illinois Department of Central Management Services
720 Stratton Office Building, 401 South Spring Street
Springfield, Illinois 62706
[email protected]
(217) 782­0975 (direct)
CONFIDENTIALITY NOTICE: This e­mail (and attachments) contains information that belongs to the sender and may be confidential or
protected by attorney­client or attorney work product privilege, or subject to withholding/redaction under the Illinois Freedom of Information Act
(5 ILCS 140/1, et seq.). The information is only for the intended recipient. If you are not the named or intended recipient, please do not disclose,
copy, distribute, or use this information. If you have received this transmission in error, please promptly notify the sender of receipt of the e­mail
and then destroy all copies of it. Receipt by unintended recipient does not waive attorney­client privilege or attorney work product privilege or
any other exemption from disclosure. Thank you. From: Sebek, Matthew Sent: Thursday, March 05, 2015 6:55 PM
To: [email protected]
Cc: Behl, Kevin; Weisberg, Benno
Subject: RE: Records Request Rushton (15­054)
Mr. Rushton: Further to my correspondence below, CMS continues to prepare its response to this request. Pursuant to section
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4/2/2015
Illinois Times Mail ­ FW: Records Request Rushton (15­054)
3(e) of FOIA, we request an additional five business days in which to make our response, through and including
Thursday, March 12, 2015. Please let me know if you wish to discuss. Thank you.
Matthew M. Sebek
Support Counsel and FOIA Officer, Illinois Department of Central Management Services
720 Stratton Office Building, 401 South Spring Street
Springfield, Illinois 62706
[email protected]
(217) 782­0975 (direct)
CONFIDENTIALITY NOTICE: This e­mail (and attachments) contains information that belongs to the sender and may be confidential or
protected by attorney­client or attorney work product privilege, or subject to withholding/redaction under the Illinois Freedom of Information Act
(5 ILCS 140/1, et seq.). The information is only for the intended recipient. If you are not the named or intended recipient, please do not disclose,
copy, distribute, or use this information. If you have received this transmission in error, please promptly notify the sender of receipt of the e­mail
and then destroy all copies of it. Receipt by unintended recipient does not waive attorney­client privilege or attorney work product privilege or
any other exemption from disclosure. Thank you. From: Behl, Kevin Sent: Thursday, February 26, 2015 11:59 AM
To: [email protected]
Cc: Sebek, Matthew; Weisberg, Benno; Behl, Kevin
Subject: FW: Records Request Rushton (15­054)
Mr. Rushton:
This email responds to your Illinois Freedom of Information Act (“FOIA”) request to the Illinois Department of
Central Management Services (“CMS”) below, received by CMS on February 19, 2015.
Please be advised that, pursuant to section 3(e)(vi) of FOIA (5 ILCS 140/3(e)(vi) (West 2010)), this office is availing
itself of an extension of five working days—through and including March 5, 2015,—to respond to your request. Thanks.
Kevin Behl
Illinois Department of Central Management Services
720 Stratton Office Building, 401 South Spring Street
Springfield, Illinois 62706
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4/2/2015
Illinois Times Mail ­ FW: Records Request Rushton (15­054)
CONFIDENTIALITY NOTICE: This e­mail (and attachments) contains information that belongs to the sender and may be confidential or
protected by attorney­client or attorney work product privilege, or subject to withholding/redaction under the Illinois Freedom of Information Act
(5 ILCS 140/1, et seq.). The information is only for the intended recipient. If you are not the named or intended recipient, please do not disclose,
copy, distribute, or use this information. If you have received this transmission in error, please promptly notify the sender of receipt of the e­mail
and then destroy all copies of it. Receipt by unintended recipient does not waive attorney­client privilege or attorney work product privilege or
any other exemption from disclosure.
From: Krantz, Meredith Sent: Thursday, February 19, 2015 9:06 AM
To: Sebek, Matthew
Subject: FW: Records Request
Please see the FOIA request below.
Meredith V. Krantz
Public Information Officer
Illinois Office of Communication and Information
Thompson Center 100 W. Randolph
JRTC 5­500
Chicago, IL 60601
Office: (312) 814­8193
Cell: (312) 802­9850
Email: [email protected]
From: Bruce Rushton [mailto:[email protected]] Sent: Thursday, February 19, 2015 9:01 AM
To: Krantz, Meredith
Subject: Records Request
Custodian of Records
Illinois Department of Central Management Services
Dear Sir/Ma’am:
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4/2/2015
Illinois Times Mail ­ FW: Records Request Rushton (15­054)
Pursuant to all applicable law, I hereby request copies of the following records:
All records, electronic and written, pertaining to any allegation of state property, including but not limited to chairs
and/or items of furniture, removed improperly from the Illinois State Fairgrounds in Springfield. This request
includes but is not limited to any and all investigative files and investigative notes as well as any and all records
pertaining to discipline of any employees. This requests includes, but is not limited to, any allegations known by
Timothy Blackorby. This request covers the time period from Jan. 1, 2014 to the present day.
Should you have any questions, I can be reached at (217) 753­2226, ext. 122. Thanks for your prompt attention.
Bruce Rushton
Staff Writer, Illinois Times
P.O. Box 5256
Springfield, IL. 62704
Phone: 217­753­2226 x122
Fax: 217­753­2281
[email protected]
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