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FOIA: [message #149] |
Fri, 11 August 2023 17:44  |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
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FOIA: is the County complying with FOIA or not?
I have been asking and no one seems willing or capable of answering, so I will make it clear!
1. Under what Authority does Bond County Illinois appoint the States Atty. to act as FOIA Officer for the entire County?
2. Why does Bond County Illinois Rquire a form to be submitted for FOIA?
3. Why are there no notices posted concerning FOIA, or lists of freely releasable documents?
FOIA STATUTE 10 Aug 2023 Under the Spoiler.
Toggle Spoiler
(5 ILCS 140/1) (from Ch. 116, par. 201)
Sec. 1. Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest.
The General Assembly hereby declares that it is the public policy of the State of Illinois that access by all persons to public records promotes the transparency and accountability of public bodies at all levels of government. It is a fundamental obligation of government to operate openly and provide public records as expediently and efficiently as possible in compliance with this Act.
This Act is not intended to cause an unwarranted invasion of personal privacy, nor to allow the requests of a commercial enterprise to unduly burden public resources, or to disrupt the duly-undertaken work of any public body independent of the fulfillment of any of the fore-mentioned rights of the people to access to information.
This Act is not intended to create an obligation on the part of any public body to maintain or prepare any public record which was not maintained or prepared by such public body at the time when this Act becomes effective, except as otherwise required by applicable local, State or federal law.
Restraints on access to information, to the extent permitted by this Act, are limited exceptions to the principle that the people of this State have a right to full disclosure of information relating to the decisions, policies, procedures, rules, standards, and other aspects of government activity that affect the conduct of government and the lives of any or all of the people. The provisions of this Act shall be construed in accordance with this principle. This Act shall be construed to require disclosure of requested information as expediently and efficiently as possible and adherence to the deadlines established in this Act.
The General Assembly recognizes that this Act imposes fiscal obligations on public bodies to provide adequate staff and equipment to comply with its requirements. The General Assembly declares that providing records in compliance with the requirements of this Act is a primary duty of public bodies to the people of this State, and this Act should be construed to this end, fiscal obligations notwithstanding.
The General Assembly further recognizes that technology may advance at a rate that outpaces its ability to address those advances legislatively. To the extent that this Act may not expressly apply to those technological advances, this Act should nonetheless be interpreted to further the declared policy of this Act that public records shall be made available upon request except when denial of access furthers the public policy underlying a specific exemption.
This Act shall be the exclusive State statute on freedom of information, except to the extent that other State statutes might create additional restrictions on disclosure of information or other laws in Illinois might create additional obligations for disclosure of information to the public.
(Source: P.A. 96-542, eff. 1-1-10.)
(SNIP)
(5 ILCS 140/1.1) (from Ch. 116, par. 201.1)
Sec. 1.1. This Act may be cited as the Freedom of Information Act.
(Source: P.A. 86-1475.)
(SNIP)
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act, or a regional youth advisory board or the Statewide Youth Advisory Board established under the Department of Children and Family Services Statewide Youth Advisory Board Act.
(SNIP)
For the purposes of this subsection (g), "request" means a written document (or oral request, if the public body chooses to honor oral requests) that is submitted to a public body via personal delivery, mail, telefax, electronic mail, or other means available to the public body and that identifies the particular public record the requester seeks. One request may identify multiple records to be inspected or copied.
(SNIP)
(d) Each public body shall, promptly, either comply with or deny a request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended under subsection (e) of this Section. Denial shall be in writing as provided in Section 9 of this Act. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt shall be considered a denial of the request. A public body that fails to respond to a request within the requisite periods in this Section but thereafter provides the requester with copies of the requested public records may not impose a fee for such copies. A public body that fails to respond to a request received may not treat the request as unduly burdensome under subsection (g).
(SNIP)
(5 ILCS 140/3.5)
Sec. 3.5. Freedom of Information officers.
(a) Each public body shall designate one or more officials or employees to act as its Freedom of Information officer or officers. Except in instances when records are furnished immediately, Freedom of Information officers, or their designees, shall receive requests submitted to the public body under this Act, ensure that the public body responds to requests in a timely fashion, and issue responses under this Act. Freedom of Information officers shall develop a list of documents or categories of records that the public body shall immediately disclose upon request.
Upon receiving a request for a public record, the Freedom of Information officer shall:
(SNIP)
(5 ILCS 140/4) (from Ch. 116, par. 204)
Sec. 4. Each public body shall prominently display at each of its administrative or regional offices, make available for inspection and copying, and send through the mail if requested, each of the following:
(a) A brief description of itself, which will
include, but not be limited to, a short summary of its purpose, a block diagram giving its functional subdivisions, the total amount of its operating budget, the number and location of all of its separate offices, the approximate number of full and part-time employees, and the identification and membership of any board, commission, committee, or council which operates in an advisory capacity relative to the operation of the public body, or which exercises control over its policies or procedures, or to which the public body is required to report and be answerable for its operations; and
I think it's pretty clear they are not complying.
These forms were all downloaded, from the State or County website today.
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[Updated on: Fri, 11 August 2023 18:15] Report message to a moderator
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Re: FOIA: [message #152 is a reply to message #149] |
Sat, 12 August 2023 17:05   |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
Karma: 26
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Senior Member Administrator |
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I addressed the FOIA issue Here, And yes I really do concider it an issue worthy of my attention.
Luckily for me I recieved an answer today, and it was quite sufficient to answer my simple question "I Wish to know what authority the States Attorney acts as FOIA officer for the County"
Enclosed was a copy of the minutes of the Board meeting from January 19, 2010 in which it was moved that the States Attorny would act as the Counties FOIA Officer. Voted 5-0 by the board. Also included was a printout Ilcs sec 3.5 (which is one of the SNIPS included above in the spoiler).
I will ask for suitabley redacted copies in pdf format so they can be posted here.
However I disagree with this action and will Ask the Board to recend the action taken previously as I believe it was in error.
I would contend that section 3.5 is taken out of context with the remainder of the act, I believe section 2 defines Public Bodies, as used in the act, and I can read it no other way than as the act refers to each and every Public Body individualy not enmasse.
the remainder above stay the same.
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Re: FOIA: [message #155 is a reply to message #152] |
Sat, 12 August 2023 21:38   |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
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Senior Member Administrator |
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My reply to The States Atty. is as follows:Quote:I have reciev'd your reply to My FOIA request of 27 July, 2023, and find it sufficient to answer my question.
It was what I expected it to be, and I still believe it is in error.
As I clarified more fully yesterday at: https://bondcountyil.net/index.php?t=msg&th=112&goto =149&rid=2#msg_149 (FOIA: is the County complying with FOIA or not?).
Before Contacting you I have contacted the (Public Access Counselor Office of the Attorney General Phone:
1-877-299-FOIA), Twice, and each time was told by both Atty's they could not answer that question. In both instance they wanted me to file a written complaint/report.
My FOIA request is the beginning of that process.
And You may Concider this as my appeal of your reply: Not because it was inaccurate but because it incompletely answers the underlying question at issue "is the County complying with FOIA or not?". And I note that you have not ventured an opinion on the issue, just documented facts which is as it should be.
But I do not need you to give me your legal opinion on the issue, However The Board will need to hear your opinion (if they haven't already asked).
It appears to me that the County Board on the 19th of January, 2010,: Did the right thing, but did it in the wrong way with the correct intent. And that act has continued as a pattern and or practice since.
You would probably call that MisFeasance, I would rather refer to it as an error in understanding that needs corrected.
On the 15th of Aug, 2023, I intend to ask the board to recend the action of 2010, No matter what their decision I intend to address the issue with the PAC, for clarification and to allow them to clarify their FAQ.
The only thing I would ask of you, now is that you forward to me Properly redacted pdf copies of your reply LTR, and of the minutes so I may post them for public discussion.
Your assistance in this matter is greatly Appreciated.
REDACTED ADDY.
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FOIA LTRs [message #213 is a reply to message #149] |
Wed, 16 August 2023 13:02   |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
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Well that was quick. I recieved the ltrs I requested above, in my Email this morning. they were in some sort of edge image/PDF format, which I don't have the tools to edit.
So I did the next best thing, cut an image off with my sword (snip tool) redacted my address, snipped it again and posted the imsge.
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[Updated on: Wed, 16 August 2023 13:44] Report message to a moderator
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Re: FOIA LTRs [message #214 is a reply to message #213] |
Wed, 16 August 2023 13:10   |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
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This is the original responce, to my FOIA request:
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Attachment: snip2.PNG
(Size: 63.43KB, Downloaded 275 times)
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[Updated on: Wed, 16 August 2023 13:46] Report message to a moderator
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Re: FOIA LTRs [message #215 is a reply to message #214] |
Wed, 16 August 2023 13:11   |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
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And this is the pertinent section of the board minites from 19 Jan 2010.
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Attachment: snip3.PNG
(Size: 69.17KB, Downloaded 316 times)
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[Updated on: Wed, 16 August 2023 13:48] Report message to a moderator
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FOIA 2 [message #216 is a reply to message #215] |
Wed, 16 August 2023 14:33   |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
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And we are finished with this portion of this issue: now I will forward all of this to the PAC for the IL states Atty. for a judgement on the matter.
I accept that 19 Jan 2010 was only a few months after the FOIA was changed by the legislature in 2009, The duly elected Board voted unanimously to apoint the States Atty as FOIA, and that the states Atty. was 12 years younger with less knowledge and expierience, at that time.
All in all I see this as a cautinary tale which clearly shows how patterns of practice develop, and are maintained. Not with malice or intent but by inadvertant failures of due dilligence (usually).
In addressing this I remember the monthly fly report a young man of my aquaintence working in the Mess hall was bored so in addition to the reports he filed with head quarters each month he claimed to also submitting a ficticious memo monthly fly report after doing so for several months he stopped doing it.
It did'nt take long for the word from on high coming down demanding the monthly fly report, it was a health issue after all.
True or not it's a good story. It ended well, everyone had a good laugh and life went on albiet without the monthly fly report.
I fully expect that the PAC and the IL States Atty. will concur with My assessment and stop the practice. If not I will send it to our State rep and let them deal with it.
There are just too many things wrong with it real or projected. for me to ignore.
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[Updated on: Fri, 18 August 2023 10:52] Report message to a moderator
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Re: FOIA LTRs [message #219 is a reply to message #216] |
Thu, 17 August 2023 21:47   |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
Karma: 26
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Senior Member Administrator |
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Earlier today, I Emailed the following to the PAC (Public Access Counselor) the following as an informal inquiry.
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Quote:(SNIP) "Under the Illinois law, the Public Access Counselor has several responsibilities, including:
Educational Materials
To provide educational materials to the public and to respond to informal inquiries.
Advisory Opinions
To issue advisory opinions on FOIA and OMA in response to requests by public bodies.
Mediate Disputes
To work to resolve or mediate disputes between members of the public and public bodies concerning FOIA requests and compliance with OMA." (SNIP)
Given the above: I have one simple question. what does (5 ILCS 140/2) (from Ch. 116, par. 202)
actually mean: I understand it as meaning Every public Body. As in each department has one or more FOIA officers, and not just one FOIA officer handling all FOIA duties for all the Departments.
In particular can a Township, City, County, appoint a single FOIA Officer to Perform FOIA duties for every Department within or under the control of a Township, City, or County. And if so does that preclude any of the other requirements of the statute?
A clearly articulated answer would be much appreciated.
Thank you
REDACTED
(5 ILCS 140/2) (from Ch. 116, par. 202)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means all legislative, executive, administrative, or advisory bodies of the State, state universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State, any subsidiary bodies of any of the foregoing including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code. "Public body" does not include a child death review team or the Illinois Child Death Review Teams Executive Council established under the Child Death Review Team Act, or a regional youth advisory board or the Statewide Youth Advisory Board established under the Department of Children and Family Services Statewide Youth Advisory Board Act. (SNIP)
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Re: FOIA LTRs [message #245 is a reply to message #239] |
Wed, 23 August 2023 17:09   |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
Karma: 26
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Senior Member Administrator |
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After review ing the whole thread, the situation feels like a "rope a dope". the most recent email says the following:
Quote:This office has determinations concerning whether an entity is an “advisory” body or “subsidiary” body as contemplated by the definition of “public body” in section 2(a) of FOIA, but it is not clear to me that is what you are looking for.
Now thats some high end BS right there. And I cannot honestly think that came from a living breathing thinking person, in an honest responce to my queries!
At this site You will find The Illinois Attourneys Page for FOIA and OMA https://foiapac.ilag.gov/
Quote:OMA
It is the public policy of this State that public bodies exist to aid in the conduct of the people's business and that the people have a right to be informed as to the conduct of their business.
- Illinois Open Meetings Act, 5 ILCS 120/1.
We also have this on that page and this is where I addressed the PAC.
Quote:
Public Access Counselor (PAC)
Who is the Public Access Counselor?
The Public Access Counselor (PAC) is a part of the Office of the Attorney General. Working under the direction and supervision of the Attorney General and with a team of attorneys and professional staff, the Public Access Counselor's mission is to help people obtain public documents and access public meetings.
The contact information for the Public Access Counselor is:
Leah Bartelt, Public Access Counselor
Office of the Attorney General
500 S. 2nd Street
Springfield, Illinois 62701
Phone:
1-877-299-FOIA
(1-877-299-3642)
Fax: (217) 782-1396
E-mail: public.access@ilag.gov
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Re: FOIA LTRs [message #246 is a reply to message #245] |
Wed, 23 August 2023 17:37   |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
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I believe what we have here is a semi automated system.
I assumed I would be having a direct email discussion with a person representing the PAC of the States Atty. Preferably an attorney.
But What I am seeing here looks more like a low level employee choosing likely or possible answers off a list, does that help!
Even more than that of the wrong see below 3 attachments they have sent me, all three allowed me to read the redactions, in short they were not secure /wrong . which means in all likelihood any information I have sent will be exposed.
CORRECTION, the 1st allowed me to remove the redactions and read the names, after copy pasting a section to note pad, I assumed since the 2nd an 3rd removed the blocks they were legible as well, I did not scour the pages to verify!
At this point I have too say this all appears ridiculess, Now I have to go to a phone. the Last time I did this I get a machine, get a call back by someone claiming to be an atty. who tells me they can't answer the question submit it in writting at the email address. Wash Riinse Repeat.
Now remember this is all about FOIA take note of what is said and done.
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[Updated on: Thu, 31 August 2023 17:54] Report message to a moderator
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Re: FOIA LTRs [message #253 is a reply to message #246] |
Thu, 31 August 2023 17:59   |
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The Witcher
Messages: 142 Registered: February 2021 Location: Bond County Illinois U.S....
Karma: 26
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Senior Member Administrator |
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I had the phone call with the PAC Friday evening the 25th Aug 23, they are a real person after all, and they did not seem exactly pleased.
My E-mails came from "Deputy Bureau Chief Public Access Bureau" and that is who was ID'd on the phone by name, they reiterated that I should submit a "Request for Review", that I should use an Email with my real/full name, and asked how I hacked the attachment.
My wife took note of the term hacked and spoke up, and that's where things went sideways and skewed, and we never did get things fully covered. At any rate after reassuring the wife that the States Atty's office was not going to be sending a Swat Team to our door, over a hacked attachment and I went about my week.
I have pondered over answering, not answering, in what detail, and should I be upset and how much. I still ain't decided. What I do know is that I feel as though I have placed a target on my back.
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Re: FOIA LTRs [message #267 is a reply to message #253] |
Wed, 13 September 2023 14:04  |
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Witch
Messages: 101 Registered: February 2021
Karma: 16
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Senior Member Admin Alias |
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They certainly are not listening or they know something I don't though I doubt that. Witch wrote on Wed, 06 September 2023 14:32BOARD MEETING: Attended the Board meeting on the 5th of Sept. 2023:
SSDD:
3 separate times posted, work meeting at 6:00 vs 3:30, then again at 7 for regular meeting.
I did not know about a fire back in July.
They voted on FOIA Officer again, and again limited it. (at this time I don't believe any of them have read the FOIA, at least I have seen no indication they have)
Spoke with One member afterwards, and we briefly discussed the issue.
There appears to be an underlieing problem I don't quite grasp.
https://bondcountyil.net/index.php?t=msg&th=111&goto =261&rid=6#msg_261
[Updated on: Wed, 13 September 2023 14:10] Report message to a moderator
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