E-Notice 2015-CH-11326 CALENDAR: 10 To: Matthew Vincent Topic matt@loevy.com NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS BETTER GOVERNMENT ASSOCIATION vs. CHICAGO PUBLIC SCHOOLS C/O BARBARA BYRDBENNETT CEO,2015-CH-11326 CHICAGO PUBLIC SCHOOLS The transmission was received on 10/16/2015 at 11:42 AM and was ACCEPTED with the Clerk of the Circuit Court of Cook County on 10/16/2015 at 12:21 PM. FILE AMENDED PLEADING(SET FOR MOTION HEARING) Filer's Email: Filer's Fax: Notice Date: Total Pages: matt@loevy.com (312) 243-5902 10/16/2015 12:21:09 PM 39 DOROTHY BROWN CLERK OF THE CIRCUIT COURT COOK COUNTY RICHARD J. DALEY CENTER, ROOM 1001 CHICAGO, IL 60602 (312) 603-5031 courtclerk@cookcountycourt.com ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 CALENDAR: 10 PAGE 1 of 39 CIRCUIT COURT OF COOK COUNTY, ILLINOIS IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS CHANCERY DIVISION COUNTY DEPARTMENT, CHANCERY DIVISION CLERK DOROTHY BROWN BETTER GOVERNMENT ASSOCIATION, Plaintiff, v. CHICAGO PUBLIC SCHOOLS, Defendant. ) ) ) ) ) ) ) ) ) 15 CH 11326 Hon. Thomas Allen MOTION FOR LEAVE TO FILE AMENDED COMPLAINT Defendant CHICAGO PUBLIC SCHOOLS continues to ignore the clear requirements under FOIA to respond to requests by the statutory deadlines. Therefore, BGA files this motion for leave to file an Amended Complaint, a copy of which is attached as Exhibit 1, to add further CPS FOIA violations. It is just and reasonable to permit BGA to amend its Complaint. 735 ILCS 5/2-616(a). RESPECTFULLY SUBMITTED, /s/ Matthew V. Topic ____________________________ Attorneys for Plaintiff BETTER GOVERNMENT ASSOCIATION Matthew Topic LOEVY & LOEVY 312 North May St., Suite 100 Chicago, IL 60607 (312) 243-5900 matt@loevy.com Atty. No. 41295 ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 2 0f 39 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION BETTER GOVERNMENT ASSOCIATION, ) ) Plaintiff: V. ) ) 15 CH 11326 ) CHICAGO PUBLIC SCHOOLS, ) ) Hon. Thomas Allen ) Defendant. ) AMENDED COMPLAINT NOW COMES Plaintiff, BErrER GOVERNMENT ASSOCIATION, by its undersigned ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 3 of 39 attorneys, LOEVY & LOEVY, and brings this suit to overturn Defendant CH ICAGO PUBLIC SCHOOLS' repeated refusals to respond to BGA"s Freedom of Information Act requests and to obtain injunctive relief to remedy CHICAGO PUBLIC SCHOOLS' systematic disregard for its FOIA obligations. In support of its Complaint, BGA alleges: INTRODUCTION I. Pursuant to the fundamental philosophy of the American constitutional form of government, the General Assembly has declared it to be the public policy of the State of Illinois that all persons are entitled to full and complete in format ion 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 the Illinois Freedom of Information Act (''FO IA "'). 5 JLCS 140/ 1. 2. All public records of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that it is exempt. 5 ILCS 140/ 1.2. 3. A public body is required to respond to FO IA requests within five business days, or, when specific criteria are met and the public body properly claims an extension of time within the five-day deadline, within another five business days. Failure to respond to a FOlA request in a timely manner is a denial. 5 ILCS 140/3(d)-(e). 4. Under FOlA Section 11 (h), "except as to causes the court considers to be of greater importance, proceedings arising under (FO IA] shall take precedence on the docket over all other causes and be assigned fo r hearing and trial at the earliest practicable date and exped ited in every way.'' 5. Defendant CH ICAGO PUBLIC SCHOOLS has willfully and intentionally ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 4 of 39 violated FOIA by fa iling to respond to BGA 's FOIA requests for non-exempt records. 6. Absent court-ordered remed ial relief: CPS will continue to violate FOIA in a systemic and widespread manner. PARTI ES 7. Plaintiff BETTER GOVERNMENT ASSOC IATION 1s a nonpartisan, lllinois non-profit corporation, whose mission is to educate the public about waste, inefficiencies, and corruption in government by acting as a watchdog agency uncovering and exposing this type of activity; to promote respect for the law; and to support public officials in the rightful performance of their duties. BGA was founded in 1923 to protect the integrity of the political process in Chicago. 8. Defendant CH ICAGO PUBLIC SCHOOLS is a public body located County, Illinois. -2 - 111 Cook PRIOR LITIGATION 9. On September 5, 20 14, BGA and NBC-Chicago filed a FOIA suit against C PS for its repeated fail ures to respond to FOIA requests in a timely manner. A true and correct copy of the complaint from the prior liti gation is attached as Exhibit A. JO. In addition to the specific violations against BGA and NBC-Chicago, the prior complaint explained that in the period from January 2013 through March 2014, CPS was the subject of 40 different Attorney General revie\.vS for failing to respond to FOIA requests on time, including a rare binding opinion against CPS on this issue. 11. The prior li tigation sought court-ordered injunctive relief to remedy CPS 's ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 5 of 39 system ic FOIA violations. 12. During the prior litigation, CPS claimed that its then newly launched electronic FOIA system would correct CPS's FOIA compliance problems, and on that basis. BGA resolved the prior litigation \Vithout any court-ordered injunctive relief or civil penalties. CHICAGO PUBLIC SCHOOLS CONTI.NUES TO IGNORE FOIA REQUESTS I 3. On May 28, 2015 , BGA requested various records from C PS regarding custodia l, janitorial, maintenance, and electrician services. A true and correct copy of CPS's automated confirmation of receipt, which was sent the same day as the request, is attached as Ex hibit B. 14. CPS failed to respond to the May 28 request by the required five-day deadline. 15. Prior to this suit being filed, CPS's first and only response to the May 28 request was sent on June 11 , 2015, and improperly claimed the undue burden exemption under Section 3(g) of FOIA even though the plain text of the statute makes clear that a public body that fa ils to respond to a request by the required deadline is not permitted to assert the undue burden exemption. A true and correct copy of the response is attached as Exhibit C . - .., .) - 16. On June 15, 20 15, BGA made a narrower FOIA request for a subset of the records sought in the May 28 request. I7. Prior to thi s suit being filed, CPS had not responded to the June 15 FOIA request. 18. On June I0, 2015, BGA requested various records from CPS regarding CPS finances. A true and correct copy of CPS's automated confirmation of receipt, which was sent the same day as the request, is attached as Exhibit D. I9. On June 17, 2015, CPS asserted a five-day extension of time to respond to the request and stated that it would respond by June 25, 20 15. A true and correct copy or the response is attached as Exhibit E. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 6 of 39 20. Prior to thi s suit being filed, CPS had not provided any further response to the June 10 request. 21. On .June 10, 2015, BGA also requested records from CPS related to the employment of CPS employees by a private organization. A true and correct copy of CPS's automated confirmation of receipt, which was sent the same day as the request, is attached as Exhibit F. 22. On June 17, 20 15, CPS asserted a fi ve-day extension of time to respond to the second June 10 req uest and stated that it would respond by June 25, 2015. A true and correct copy of the response is attached as Exhibit G. 23. Prior to this suit being filed, CPS had not provided any further response to the second June 10 request. 24. On June 10, 20 15, BGA also requested fro m CPS records related to preschool and kindergarten suspensions and expulsions. A true and correct copy of c ps ·s automated confirmation of receipt, which was sent the same day as the req uest, is attached as Exhibit H. -4 - 25. On June 16, 20 15, CPS asserted a five-day extension of time to respond to the third June 10 request and s tated that it would respond by June 25 , 20 15. A true and correct copy of the response is attached as Exhibi t I. 26. On June 24, 20 15, CPS purported to take an unauthorized further ex tension of time to respond to the third June IO request and stated that it would respond by Jul y 2, 2015. A true and correct copy of the response is attached as Exhibit J. 27. Prior to this suit being filed, C PS had not provided any further response to the third June 10 request. 28. On June I 0, 20 15, BG A also requested from CPS an inventory of materials ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 7 of 39 removed fro m closed schoo ls that were paid for with federal fu nds. A true and correct copy of CPS ' s automated confirmation of receipt, which was sent the same day as the request. is attached as Exhibit K. 29. On June 17, 2015 , CPS asserted a five-day extension of time to respond to the fo urth June 10 request and stated that it would respond by June 25 , 2015. A true and correct copy of the response is attached as Exhi bit L. 30. Prior to this suit being filed, C PS had not provided any further response to the fou rth June 10 request. 31. Upon information and belief, CPS has systematically failed to respond to other requests made by other requesters in 2015. 32. Upon information and belief, the rate of untimely FOIA responses by CPS m 2015 to date versus 20 14 has not improved. 33. In response to this suit, CPS produced records responsive to the May 28, June 10, and June 15 requests. -5- CHICAGO PUBLIC SCHOOLS STILL CONTINUES TO IGNORE FOIA REQUESTS 34. On June 15, 2015, BGA requested from CPS correspondence between the former CPS CEO, who has since been indicted on corruption charges, or several other CPS employees and companies who submitted various types o f contract proposals. A true and correct copy of CPS' s automated confirmation of receipt, which was sent the same day as the request, is attached as Exhibit M. 35. CPS has not responded to the June 15 request. 36. On June 19. 2015, BGA req uested from CPS records showi ng payments to ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 8 of 39 vario us companies. A true and correct copy of C PS's automated confirmation of receipt, which was sent the same day as the request, is attached as Ex hibit N. 3 7. C PS has not responded to the June 19 request. 38. On August 20, 20 15, BGA requested from C PS ethnicity and assignment data of teachers for the past 10 years. A true and correct copy of CPS ' s automated confirmation o f receipt, which was sent the same day as the request, is attached as Ex hibit 0. 39. CPS has not responded to the August 20 request. 40. On August 20, 20 15, BGA also requested fro m CPS contracts and payment records related to LEAP Innovations. A true and correct copy of CPS' s automated confirmation of rece ipt, which ,.vas sent the same day as the request, is attached as Ex hibit P. 41. CPS has not responded to the second August 20 request. 42. On September 22. 2015, BGA requested from CPS records showing the number of students placed in non-public schoo ls and the amounts paid by C PS in tuition. A true and correct copy of CPS ' s automated confirmation of receipt, which was sent the same day as the request, is attached as Exhibit Q. -6 - 43. CPS took the maximum allowable extension of time to respond to the request, until October 6, 2015. A true and correct copy of the ex tension latter is attached as Exhibit R. 44. CPS has not responded further to the September 22 request. COUNT I - WILLFUL VIOLATION OF FOIA - MAY 28 REQUEST 45. The above paragraphs are incorporated by reference. 46. CHICAGO PUBLIC SCHOOLS is a public body under FOIA. 47. The May 28 request sought public records of CPS. 48. CPS failed to produce the records sought in the May 28 request until after this s uit was filed. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 9 of 39 49. CPS willfully and intentionally violated FOJA by claiming the undue burden exemption knowing that it had been waived based on cps·s untimely response. COUNT II - WILLFUL VIOLATION OF FOIA -JUNE 5 REQU EST 50. The above paragraphs are incorporated by reference. 51. CH ICAGO PUBLIC SCHOOLS is a public body under FOIA. 52. The June 5 request sought public records of C PS. 53. CPS failed to produce the records sought in the June 5 request until after this suit was filed. 54. CPS willfully and intentionally violated FOIA by ignoring the June 5 request. COUNT Ill - WILLFUL VIOLATIONS OF FOIA- FIRST JUNE 10 REQUEST 55. The above paragraphs are incorporated by reference. 56. CH ICAGO PUBLIC SCHOOLS is a public body under FOIA. 57. The first June 10 request sought public records of CPS. 58. C PS failed to produce the records sought in the first June IO request until alter this suit was filed. -7- 59. CPS will fu ll y and intentionally violated FOIA by 1gnonng the first June IO request. COUNT IV - WILLFUL VIOLATION OF FOIA- SECOND JUNE 10 REQ UEST 60. The above paragraphs are incorporated by reference. 61. CHICAGO PUBLIC SCHOOLS is a public body under FOIA. 62. The second June IO request sought pub Iic records of CPS. 63. CPS fa iled to produce the records sought in the second June IO req uest until after this suit was filed. 64. CPS willfu lly and intentionall y violated FOIA by ignoring the second June I 0 ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 10 of 39 request. COUNT V - WILLFUL VIOLATION OF FOIA -THIRD JUNE 10 REQUEST 65. The above paragraphs are incorporated by reference. 66. CHICAGO PUBLIC SCHOOLS is a public body under FOIA. 67. The third June 10 request sought public records of CPS. 68. CPS failed to produce the records sought in the third June IO request until after this suit was filed. 69. CPS willfully and intentionally violated FOIA by ignoring the third June I0 request. COUNT VI - WILLFUL VIOLATION OF FOIA - FOURTH .JUNE 10 REQUEST 70. The above paragraphs are incorporated by reforence. 71. CHICAGO PUBLIC SCHOOLS is a public body under FOIA. 72. The fourth June IO request sought public records of CPS. 73. CPS fa iled to produce the records sought in the fourth June 10 request unt il after thi s suit was filed. -8- 74. CPS willfully and intentionally violated FOIA by ignoring the fourth June IO request. COUNT VI - WI LLFUL VIOLATION OF FOIA - FOURTH .JUNE 10 REQUEST 75. The above paragraphs are incorporated by reference. 76. CHICAGO PUB LIC SCHOOLS is a public body under FOIA. 77. The fourth June 10 request sought public records of CPS. 78. CPS fai led to produce the records sought in the fourth June IO request until after this suit was filed. 79. CPS willfu lly and intentionally violated FOJA by ignoring the fourth June 10 ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 11 of 39 request. COUNT VII - WILLFUL VIOLATION OF FO IA :_ J UNE 15 REQ UEST 80. The above paragraphs are incorporated by reference. 81. CHICAGO PUBLIC SCHOOLS is a public body under FOIA. 82. The June 15 request sought public records of CPS. 83. CPS failed to produce the records sought in the June 15 request. 84. CPS willfull y and intentionally vio lated FOIA by ignoring the June 15 request. COUNT VIII-WILLFUL VIOLATION OF FOIA-J UNE 19 REQUEST 85. The above paragraphs are incorporated by reference. 86. CHI CAGO PUBLIC SCHOOLS is a public body under FOI A. 87. The June 19 request sought public records of CPS. 88. CPS failed to produce the records sought in the June 19 request. 89. CPS will fully and intentionally violated FOIA by ignoring the June 19 request. COUNT IX-WILLFUL VIOLATION OF FOIA- FIRST AUGUST 20 REQ UEST 90. The above paragraphs are incorporated by reference. -9- 91. CHICAGO PUB LIC SC HOOLS is a public body under FOIA. 92. The A ugust 20 request sought public records of CPS. 93. CPS failed to produce the records sought in the August 20 request. 94. CPS willfolly and intentionally violated FOIA by ignoring the august 20 request. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 12 of 39 COUNT X - WILLFUL VIOLATION OF FOIA - SECOND AUGUST 20 REQUEST 95. The above paragraphs are incorporated by reference. 96. C HICAGO PUBLI C SCHOOLS is a public body under FOlA. 97. The second August 20 request sought public records of CPS. 98. CPS failed to produce the records sought in the August 20 request. 99. CPS willfully and intentionally violated FOIA by ignoring the august 20 request. COUNT XI - WILLFUL VIOLATION OF FOIA - SEPTEMBER 22 REQUEST I 00. T he above paragraphs are incorporated by reference. IOI. CHI CAGO PUBLIC SC HOOLS is a public body under FOIA. I 02. The September 22 request sought public records or CPS. I 03. C PS failed to produce the records sought in the September 22 request. I 04. CPS willfully and intentionally violated FOIA by ignoring the September 22 request. WHEREFORE, BGA asks that the Court: 1. in accordance with FOI A Section 11 (f), afford thi s case precedence o n the Court's docket except as to causes the Court considers to be of greater importance, assign thi s case for hearing and tri al at the earliest practicable date, and exped ite this case in every way; 11. declare that CHICAGO PUBLIC SCHOOLS has violated FOI A; - IO - 111. order CH ICAGO PUBLIC SCHOOLS to produce the requested records under FOIA; iv. order CH ICAGO PUBLIC SCHOOLS to undertake remedial measures under the supervision of this Court to correct its systemic failure to comply with FOIA; v. enjoin CH ICAGO PUBLIC SCHOOLS from withholding non-exempt public records under FOIA; v1. order CHI CAGO PUBLIC SCHOOLS to respond to FOIA requests within the required deadline; v11. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 13 of 39 v111. 1x. award BGA reasonable attorneys' fees and costs; award civil penalties of between $2,500 and $5,000 fo r each denial; and award such other relief the Court considers appropriate. RESPECTFULLY SUBM ITTED, / y/ Mal/hew V. Topic Attorneys fo r Plaintiff BETTER GOVERNM ENT ASSOC IATION Matthew Topic LOEVY & LOEVY 312 North May St. , Suite 100 Chicago, IL 60607 (312) 243-5900 matt@loevy.com Atty. No. 4 1295 - II - IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION BEITER GOVERNMENT ASSOCIATION, NBC SUBSIDIARY (WMAQ-TV) LLC ) ) ) PJaintiffs, ) ) V. ) ) CHICAGO PUBLIC SCHOOLS, ) ) Defendant. ) 2014·C~! 1. 4{.~:}~~;8 CAL.ENDAR/ ROOM 13 T I ;~f£ ()(i, :: l ~, {,a 6e~·1?e r ~~ 1 L~t; :.=:t~r: ic. e i,.. Y COMPLAINT NOW COME Plaintiffs, BEITER GOVERNMENT ASSOCIATION ("BGA") J9d NBC ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 14 of 39 I SUBSIDIARY (WMAQ-TV) LLC ("NBC CHICAGO") (collectively "PLAJNTIFFS'_'),'· b'y their .. .., undersigned attorneys, LOEVY & LOEVY, and bring this suit to remedy CHICAGO Pµ)3LTC . .. . SCHOOLS' systematic failure to comply with the Freedom of Information Act. In suppbrt of - their Complaint, PLAINTIFFS allege: INTRODUCTION 1. This is a complaint under the Illinois Freedom of Information Act ("FOIA"), 5 ILCS 140/1 et seq. 2. Pursuant to the fundamental philosophy of the American constitutional form of government, the General Assembly has declared it 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 the Act. 5 ILCS 140/1. 3. Restraints on access to information, to the extent permitted by FOIA, are limited and narrow exceptions to the principle that the people of this state have a right to full disclosure Exhibit A 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 ofthe people. Id. 4. All public records of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by cJear and convincing evidence that it is exempt. 5 ILCS 140/1.2. 5. A public body is required to respond to FOIA requests within five business days, or, when specific criteria are met and the public body properly claims an extension of time within the five-day deadline, within another five business days. 5 ILCS l 40/3(d), (e). Failure to respond to a FOIA request in a timely manner constitutes a denial. id. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 15 of 39 6. If the court determines that a public body willfully and intentionally failed to comply with FOIA, or otherwise acted in bad faith, the court shall impose upon the public body a civil penalty of not less than $2,500 nor more than $5,000 for each occurrence. 5 ILCS 14/11 (j). 7. Under FOIA Section 1I(h), "except as to causes the court considers to be of greater importance, proceedings arising under [FOIA] shall take precedence on the docket over all other causes and be assigned for hearing and trial at the earliest practicable date and expedited in every way." 8. Defendant CHICAGO PUBLIC SCHOOLS has willfully and intentionally violated FOIA by failing to respond to FOIA requests by BEITER GOVERNMENT ASSOCIATION and NBC CHICAGO for non-exempt records. 9. CHICAGO PUBLIC SCHOOL~ has systematically failed to comply with FOIA requests in a timely manner and requires Court-supervised remedial changes to correct this systemic failure and achieve the transparency required under FOIA. -2- PARTIES 10. Plaintiff BETTER GOVERNMENT ASSOCIATION ("BGA') is a nonpartisan, Illinois non-profit corporation, whose mission is to educate the public about waste, inefficiencies, and corruption. in government by acting as a watchdog agency uncovering and exposing this type of activity; to promote respect for the law; and 10 support public officials in the rightful performance of their duties. BGA was founded in 1923 to protect ibe integrity of the political process in Chicago. 11. Plaintiff NBC SUBSIDIARY (WMAQ-TV) LLC ("NBC CHICAGO") is an NBCUniversal owned and operated television station that has provided continuous local news ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 16 of 39 coverage of the Chicago area for over sixty-five years. NBC Chicago broaclcasts over thirty hours of locally produced newscasts each week. The station has received nmnerous awards for journalism, including awards from the IlJinois Broadcaster's Association and a national Emmy Award for Outstanding Regional News coverage. 12. Defendant CHICAGO PUBLIC SCHOOLS is a public body located m Cook County, Illinois. BGA'S FOIA REQUEST AND CHICAGO PUBLIC SCHOOLS' DENIAL 13. On April 29, 2014, BGA requested the foJlowing records from CHICAGO PUBLIC SCHOOLS: "copies of any and all settlement agreements, severance agreements and termination agreements approved or adopted from Jan. 1, 201 3, until present" (Exhibit A) 14. All settlement agreements entered into by or on behalf of a publjc body are public records subject to inspection and copying by the public, provided that exempt information may be redacted. 5 JLCS 140/2.2. All records relating to the obligation, receipt, and use of public funds are public records subject to inspection and copying. 5 ILCS 140/2.5. -3 - 15. In response on May 6, 2014, CHICAGO PUBLIC SCHOOLS asserted that the request was unduly burdensome under FOIA Section 3(g), erroneously claiming that BGA made a request for ''any and all infonnation, without a specified timeframe." (Exhibit B) 16. BGA's request plainly sought a specific and discrete set of records for a specific and limited time period-something a public body charged with the education of over 400,000 schoolchildren and an annual budget of over $5.5 bilJion should have readily available. 17. The same day as CHICAGO PUBLIC SCHOOLS' response, BGA responded: "If you look at our original FOIA request we do have a time frame-we're seeking documents since Jan. 1, 2013. Can you relay how many documents you are dealing with so I can assess the unduly ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 17 of 39 burdensome argument asap?" (Exhibit C) 18. CHICAGO PUBLIC SCHOOLS provided no further response. NBC CHICAGO'S FOIA REQUEST AND CHICAGO PUBLIC SCHOOLS' DENIAL 19. On December 16, 2013, NBC CHICAGO requested the fo11owing records from CHICAGO PUBLIC SCHOOLS: "documents sufficient to show (1) a list of Chicago Public School buildings that are currently vacant and/or shuttered; (2) the cost to heat each of these buildings from September 1, 2013 to the present; (3) the cost to provide lighting for each of these buildings from September 1, 2013 to the present; and (4) the cost to provide water for each of these buildings from September 1, 2013 to the present." (Exhibit D) 20. On January 3, 2014, well after the five-day deadline to respond, CHICAGO PUBLIC SCHOOLS responded, stating: "Please extend us the courtesy of 6 additional business days to comply." (Exhibit E) -4- 21. On January 29, 2014, well after the six additional business days it requested, CHICAGO PUBLIC SCHOOLS stated that it was working on the request and sought an additional three days to respond. (Exhibit F) 22. CHICAGO PUBLIC SCHOOLS has failed to provide any further response to NBC CHICAGO's December 16, 2013 request. CHICAGO PUBLIC SCHOOLS' SYSTEMIC FAILURE TO COMPLY WITH FOIA 23. CHICAGO PUBLIC SCHOOLS has engaged in a pattern and practice of delay in responding to FOIA requests. 24. In February 2013, the Attomey General's Public Access Counselor issued a ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 18 of 39 binding opinion against CHICAGO PUBLIC SCHOOLS for its failure to respond to a request in a timely and complete manner and its failure even to respond to the Public Access Counselor's request for review, in clear violation of multiple FOIA provisions. (Exhibit G) 25. According to records obtained from the Attorney General's Public Access Counselor, from January 2013 to March 2014, CHICAGO PUBLIC SCHOOLS failed to respond to more than 40 different FOIA requests in a timely manner. (Exhibit H) 26. Upon infonnation and belief, based upon the recurring pattern of delay indicated by Attorney General records, discovery will further show that CHICAGO PUBLIC SCHOOLS fails to respond to FOIA requests in a timely manner on a consistent basis. 27. Despite the strong public interest in timely disclosure of infonnation about CHICAGO PUBLIC SCHOOLS and the cJear failure of CHICAGO PUBLIC SCHOOLS to comply with requests in a timely manner, upon infonnation and belief, CHICAGO PUBLIC SCHOOLS devotes only one employee to handle the large volume of FOIA requests it receives, -5- which is plainly insufficient and amounts to at least a reckless disregard for its obligations under FOIA. 28. There is a strong interest from parents and the general public in transparency into the operation of CHICAGO PUBLIC SCHOOLS, and without Court intervention, CHICAGO PUBLIC SCHOOLS will continue to violate FOIA routinely, as evidenced at least by its continuing violations after the Attorney General's February 2013 binding opinion. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 19 of 39 COUNT I- WILLFUL VIOLATIONS OF FOIA 29. The above paragraphs are incorporated by reference. 30. CHICAGO PUBLIC SCHOOLS is a public body under FOIA. 31. The records sought in BGA's request are not exempt. 32. The records sought in NBC CHICAGO's request are not exempt 33. CHICAGO PUBLIC SCHOOLS willfully and intentionally violated FOIA by failing to respond to BGA's and NBC CHICAGO 's requests. 34. CHICAGO PUBLIC SCHOOLS has an ongoing pattern and practice of failing to comply with FOIA in a timely manner. WHEREFORE, PLAINTIFFS ask that the Court: 1. in accordance with FOIA Section 1 l(f), afford this case precedence on the Court's docket except as to causes the Court considers to be of greater importance, assign this case for hearing and trial at the earliest practicable date, and expedite this case in every way; ii. declare that CHICAGO PUBLIC SCHOOLS has violated FOIA; iii. order CHICAGO PUBLIC SCHOOLS to produce the requested records under FOIA; -6- 1v. order CHICAGO PUBLIC SCHOOLS to undertake remedial measures under the supervision of this Court to correct its systemic failure to comply with FOJA; v. enjoin CHICAGO PUBLIC SCHOOLS from withholding non-exempt public records under FOIA; v1. order CHICAGO PUBLIC SCHOOLS to respond to FOIA requests withi n the required deadline; vii. viii. award reasonable attorneys' fees and costs; only in the event the Court does not enter systemic injunctive relief, award civil penalties of between $2,500 and $5,000 for each willful and intentional failure to ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 20 of 39 comply ·with FOIA and any other act of bad faith in responding to the requests; 1x. award such other relief the Court considers appropri ate. RESPECTFULLY SUBMITTED, Attorneys for Plaintiffs BETTER GOVERNMENT ASSOCIATION NBC SUBSID1ARY (WMAQ-TV) LLC Matthew Topic Julie Goodwin LOEVY & LOEVY 312 No11h May St., Suite 100 Chicago, IL 60607 (312) 243-5900 matt@loevy.com; julie@loevy.com Atty. No. 41295 -7 - FOIA Request : : N000720-052815 Chicago Public Schools FOIA Center To: skarp@bettergov.org Thu , May 28, 2015 at 4:21 PM Dear Sarah: Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: N000720-052815 ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 21 of 39 0 You have requested the following records: Note: This is a joint request for information with the Better Government Association and the Chicago Sun Times. Please provide a copy of any and all bid-related solicitation, including the "request for proposal," for custodial, janitorial, maintenance or electrician services issued in FY 2014. Please provide a copy of any or all bids or proposals submitted in response to any and all solicitations for custodial, janitorial, maintenance or electrician services. Please provide a log of all correspondence between all companies that submitted proposals for custodial, janitorial, maintenance or electrician services in FY 2014 and any district official, including but not limited to CPS CEO Barbara Byrd-Bennett, CPS Board President David Vitale, Chief Administrative Officer Tim Cawley, Chief Procurement Officer Sebastien de Longeaux, and Chief of Staff Sherry Ulery. If the correspondence is an e-mail, please include the subject fine. Please provide all correspondence from FY 2012 through FY 2014-. Please specify the date and time of the correspondence. :j ti:~ >- ~ ~rocago Public Schools responds to all public records requests in accordance with the Illinois Freedom of j :;:i :b1fs:>rmation Act (FOIA), 5 ILCS140. A response will be made within five (5) business days. To: skarp@bettergov.org Thu , Jun 11, 2015 at 2:59 PM -- Please respond above this line -- 6/11/2015 Senior Reporter Sarah S Karp 223 W . Jackson Blvd. Suite 900 Chicago IL 60637 Dear Sarah : - -RE: , Chicago Public Schools FOIA Request N000720-052815 Thank you again for using the Chicago Public Schools FOIA Center. We are writing regarding your Freedom of Information Act Request for the following records: Note: This is a joint request for information with the Better GoV<~rnment Association and the Chicago Sun Times.Please provide a copy of any and all bid-related solicitation. ~ ~ including the "request for proposal," for custodial, janitorial, maintenance or electrician services issued in FY 2014. ~ c.. ~lease provide a copy of any or all bids or proposals submitted in response to any and all solicitations for :j ~ ~ijtodial, janitorial, maintenance or electrician services. Please provide a log of all correspondence between all < ~ :p~mpanies that submitted proposals for custodial , janitorial, maintenance or electrician services in FY 2014 and ~~ca@ district official, including but not limited to CPS CEO Barbara Byrd-Bennett. CPS Board President David ~ '.Y~le, Chief Administrative Officer Tim Cawley, Chief Procurement Officer Sebastien de Longeaux, and Chief of ~ ~ ~taft Sherry Ulery. If the correspondence is an e-mail, please include the subject line. Please provide all ~ r::: cormspondence from FY 2012 through FY 2014. Please specify the date and time of the correspondence . ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 22 of 39 8 5 ..J UJ In accordance with 5 ILCS 140/3 (g) , the District asks that you narrow your request for information. If you wish to narrow your request, you must submit a revised request via the FOIA Center. The CPS will take no further action or send you any further correspondence unless and until your current request is narrowed. If we do not receive your narrowed request within five (5) calendar days of the date of this letter, the unduly burdensome parts of your current request will be considered denied. If you have any questions, feel free to contact me at (773) 553-1620. Thank you for your interest in Chicago Public Schools. Sincerely, Chicago Public Schools Exh ibit C FOIA Request : : N000785-061015 Chicago Public Schools FOIA Center To: skarp@bettergov.org Wed, Jun 10, 2015 at 4:46 PM Dear Sarah: Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: N000785-061015 You have requested the following records: Specifically under FOIA I am requesting: 1) as of June 11 , 2015, an accounting of the amount of money CPS has available in all bank accounts, the names of the accounts and the institutions the accounts they are in. 2) as of June 11, 2015, the amount of money that CPS has in reserves and the name of those reserve accounts. 3) as of June 11 , 2015, please provide an accounting of all expected expenses between June 10, 2015 and June 30, 2015. 4) An accounting of all expected revenue, but not yet received, revenue to be used in FY 2015 and when it is expected. 5) an accounting of what the specific expenses in the oft-cited projected 2016 $1.1 billion deficit. includes. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 23 of 39 0 Chicago Public Schools responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS1 40. A response will be made within five (5) business days. ~~ If an extension of time is required, written notice will be provided within five business days and the reason for the ~~ension. i..:... c.. ::'.:jNMN ~ ~ =tJ~r.1the completion of a response, CPS will provide the first 50 pages to you at no charge. If a response is more S2:;:; ~n,50 pages, each additional page will be .15¢ per page. Copies of video recordings have a fee of $48, and the 6 o ~ rnust be received prior to the copying of the recording. CPS will inform you of any fees due if your paper i:: g~ponse exceeds 50 pages. ~;::: You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Thank you for using the CPS FOIA Center. !.!.l Exhibit D Non-Commercial FOIA Request:: N000785-061015 Chicago Public Schools FOIA Center To: skarp@bettergov.org Wed, Jun 17, 201 5 at 1: 16 PM -- Please respond above this line - - 6/17/2015 Senior Reporter Sarah S Karp 223 W. Jackson Blvd. Suite 900 Chicago IL 60637 Dear Sarah: RE: Chicago Public Schools FOIA Request N000785-061015 Thank you again for using the Chicago Public Schools FOIA Center. On 6/10/2015, you requested the following : Specifically under FOIA I am u: ~ -!~questing: 1) as of June 11 , 2015, an accounting of the amount of money CPS :'.3 ~ ~s available in all bank accounts, the names of the accounts and the institutions :i ti :tlfe accounts they are in. 2) as of June 11 , 2015, the amount of money that CPS ~ ~ Ol~s in reserves and the name of those reserve accounts. 3) as of June 11 , 2015, o§ ~ To: skarp@bettergov.org Wed, Jun 10, 2015 at 5:06 PM Dear Sarah: Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed . Your FOIA Center reference number for tracking purposes is: N000787-061015 You have requested the following records: Specifically under FOIA I am requesting any and all information about the organization that Byron Houzz, coordinator of Attendance and Student Support Services, is employed by. Please include information about other CPS employees who work for that organization, how long they have worked for that organization, all the contracts that organization has with CPS and how much they have been paid. Please note this is for a possible news story. Chicago Public Schools responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS140. A response will be made within five (5) business days. If an extension of time is required , written notice will be provided within five business days and the reason for the extension. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 25 of 39 o UJ ....l u: ~ J/e.on the completion of a response, CPS will provide the first 50 pages to you at no charge. If a response is more :'.:j N ~n 50 pages, each additional page will be .1 5¢ per page. Copies of video recordings have a fee of $48, and the ~ ~ ~~ rnust be received prior to the copying of the recording. CPS will inform you of any fees due if your paper ~ esponse exceeds 50 pages. Z o 0• UJ I(') ~~a'~ can monitor the progress of your request at the link below and you'll receive an email when your 0 ~ C)lequest has been completed. Thank you for using the CPS FOIA Center. UJ ...J UJ Exhibit F Non-Commercial FOIA Request:: N000787-061015 Chicago Public Schools FOIA Center To: skarp@bettergov.org - Wed, Jun 17, 2015 at 1:17 PM Please respond above this line - 6/17/2015 Senior Reporter Sarah S Karp 223 W. Jackson Blvd. Suite 900 Chicago IL 60637 Dear Sarah: RE: Chicago Public Schools FOIA Request N000787-061015 ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 26 of 39 0 Thank you again for using the Chicago Public Schools FOIA Center. On :j 6/10/2015, you requested the following : Specifically under FOIA I am requesting ~ ~ -stl]Y and all information about the organization that Byron Houzz, coordinator of :":j ~ ~tendance and Student Support Services, is employed by. Please include ~ ti jriformation about other CPS employees who work for that organization, how ~ ~ lf®~J they have worked for that organization, all the contracts that organization o § :±i~s with CPS and how much they have been paid. Please note this is for a ~ 81Jt>ssible news story .. UrLU ...J UJ Under the Freedom of Information Act, a public body may extend the time to respond to a FOIA request by up to 5 business days for a limited number of reasons. 5 ILCS 140/3(e). We are extending the time to respond to your request by 5 business days for the fo!!owing reason(s): Responding to the request requires that we collect a substantial number of specified records. We will respond to your request by 6/25/2015. Sincerely, Chicago Public Schools Exhibit G FOIA Request:: N000789-061015 Chicago Public Schools FOIA Center To: skarp@bettergov.org Wed, Jun 10, 2015 at 5:12 PM Dear Sarah: Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: N000789-061015 ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 27 of 39 You have requested the following records: Specifically under FOIA, I am asking for the following information: • The number of students in any CPS preschool program suspended, the length of time they were suspended and whether they were suspended multiple times for each of the past five years, including the most up to date information for school year 2014-2015. Please break this information broken down by the school or program attended by the student and the race of the students. • The number of students in any CPS early childhood program expelled for each of the past five years, including the most up-to-date - - inioimation for school year 2014-2015. Please break this information broken down by the school or proeiram attended by the student and the race of the students. • The number of students in kindergarten suspended, the length of time they were suspended, whether they were suspended multiple times and the length of time for each suspension for each of the past five years, including the most up to date 0 :j information for 2014-2015. Please break this information broken down by the school attended by the G:: ~ ._§tudent and the race of the students. • The number of students in kindergarten expelled for each of the ::'.:j N ~fst five years, including the most up-to-date information for school year 2014-2015. Please break this ~~~formation broken down by the school or program attended by the student and the race of the students. S2 .,... ~fease do not redact this information. My understanding is that CPS redacts the reports in order to ~ J;qjnply with the Family Educational Rights and Privacy Act. The federal government, however, does not c:: i:::: To: skarp@bettergov.org - Tue, Jun 16, 2015 at 12:18 PM Please respond above this line --- 6/16/2015 Senior Reporter Sarah S Karp 223 W. Jackson Blvd. Suite 900 Chicago IL 60637 Dear Sarah: RE: Chicago Public Schools FOIA Request N000789-061015 Thank you again for using the Chicago Public Schools FOIA Center. On 6/10/2015 , you requested the following : Specifically under FOIA, I am asking for i:i: ~ Jhe 'following information:• The number of students in any CPS preschool :'.j ~ ~!Jram suspended, the length of time they were suspended and whether they :i t:! ~re suspended multiple times for each of the past five years, including the most ~ ~ ui~ to date information for school year 2014-2015. Please break this information 9 § ~l To: skarp@bettergov.org Wed, Jun 24, 2015 at 1:51 PM -- Please respond above this line -- 6/24/2015 Senior Reporter Sarah S Karp 223 W. Jackson Blvd. Suite 900 Chicago IL 60637 Dear Sarah: RE: Chicago Public Schools FOIA Request N000789-061015 ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 30 of 39 0 Thank you again for using the Chicago Public Schools FOIA Center. On ::3 6/10/2015 , you requested the following : Specifically under FOIA, I am asking for w: l J~ following information:• The number of students in any CPS preschool :'.3 ~ ~!~ram suspended, the length of time they were suspended and whether they :i ~ -:J/'&re suspended multiple times for each of the past five years, including the most ~ ~ui~ to date information for school year 2014-2015. Please break this information o § ~ken down by the school or program attended by the student and the race of ~ 8 ~!'re students. • The number of students in any CPS early childhood program ~ r:- expelled for each of the past five years, including the most up-to-date information u3 for school year 2014-2015. Please break this information broken down by the school or program attended by the student and the race of the students. • The number of students in kindergarten suspended, the length of time they were , __suspended, whether they were suspended multiple times and the length of time for each suspension for each of the past five years, including the most up to date information for 2014-2015. Please break this information broken down by the school attended by the student and the race of the students. • The number of students in kindergarten expelled for each of the past five years, including the most up-to-date information for school year 201 4-2015. Please break this information broken down by the school or program attended by the student and the race of the students. Please do not redact this information. My understanding is that CPS redacts the reports in order to comply with the Family Educational Rights and Privacy Act. The federal government, however, does not redact reports on discipline at all and provides specific information even in cases in which the unit is less than 10. Such reports can be found on the U.S. Department of Education website: http://ocrdata.ed.gov/. If the federal government does not redact this information, then CPS should not redact it based on a federal law .. Under the Freedom of Information Act, a public body may extend the time to respond to a FOIA request by up to 5 business days for a limited number of reason s. 5 ILCS 140/3(e ). We are extending the time to respond to your request by 5 business days for the following reason(s): Responding to the request requi res that we collect a substantial number of specified Exhibit J records. We will respond to your request by 7/2/2015. Sincerely, ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 31 of 39 Chicago Public Schools FOIA Request : : N000790-061015 Chicago Public Schools FOIA Center To: skarp@bettergov.org Wed, Jun 10, 2015 at 5:28 PM Dear Sarah: Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: N000790-061015 You have requested the following records: I am specifically requesting this under the Freedom of Information Act. Please provide an inventory of everything (materials, textbooks and equipment) removed from the 49 schools that were shuttered in June 2013 that was paid for with federal Title 1 money. This should have been documented and handed over to the Federal Programs and Inventory Department. Also, please provide information on whereabouts of each item on this list. If CPS held a sale for any of these items, please provide information on how much the item was sold for and the account the money was placed in. - -if you need a list of schools closed on June 13, please contact me and I can provide it. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 32 of 39 0 Chicago Public Schools responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS140. A response will be made within five (5) business days. ~ :E If an extension of time is required, written notice will be provided within five business days and the reason for the u. o... ~~ension. ~NMN ~ ~ =tJ~n the completion of a response. CPS will provide the first 50 pages to you at no charge. If a response is more ~ l/') ~n 50 pages, each additional page will be .15¢ per page. Copies of video recordings have a fee of $48, and the ~ ~ ~ rnust be received prior to the copying of the recording. CPS will inform you of any fees due if your paper o:::;:::: qslf6ponse exceeds 50 pages. f- NN u---- :1 r-w You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Thank you for using the CPS FOIA Center. Exhibit K Non-Commercial FOIA Request:: N000790-061015 Chicago Public Schools FOIA Center To: skarp@bettergov.org Wed . Jun 17, 2015 at 1:19 PM -- Please respond above this line -- 6/17/2015 Senior Reporter Sarah S Karp 223 W. Jackson Blvd. Suite 900 Chicago IL 60637 Dear Sarah: RE: Chicago Public Schools FOIA Request N000790-061015 Thank you again for using the Chicago Public Schools FOIA Center. On 6/10/2015, you requested the following: I am specifically requesting this under u: ~ J!Joe Freedom of Information Act. Please provide an inventory of everything :'.:j ~ ~materials, textbooks and equipment) removed from the 49 schools that were ~ t! ~Buttered in June 2013 that was paid for with federal Title 1 money. This should ~ ~ ~ve been documented and handed over to the Federal Programs and Inventory o § ~partment.Also, please provide information on whereabouts of each item on 8~ffis list. If CPS held a sale for any of these items, please provide information on UJ r-- how much the item was sold for and the account the money was placed in. If you u3 need a list of schools closed on June 13, please contact me and I can provide it.. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 33 of 39 0 ~ b Under the Freedom of Information Act, a public body may extend the time to respond - to-a FOIA request by up to 5 business days for a limited number of reasons. 5 ILCS 140/3(e). We are extending the time to respond to your request by 5 business days for the following reason(s): Responding to the request requires that we collect a substantial number of specified records. We will respond to your request by 6/25/2015. Sincerely, Chicago Public Schools Exhibit L IO/ IJ/201 :'i Hc llcrgol'.org 1\lail · FOIA Rc,1t1csl :: N00079J-0()1:'i 15 BCA Sarah Karp FOIA Request:: N000793-061515 1 message Chicago Public Schools FOIA Center To: skarp@bettergov.org Mon, Jun 15, 2015 at 9: 13 AM Dear Sarah: Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: N000793-061515 You have requested the following records: Please provide any and all correspondence between the companies that submitted proposals for custodial, janitorial, maintenance or electrician services in FY 2014 and the following district officials: CPS CEO Barbara Byrd-Bennett, CPS Board President David Vitale, Chief Administrative Officer Tim Cawley, Chief Procurement Officer Sebastien de Longeaux, Chief of Staff Sherry Ulery, Patricia Hernandez, Chief Administrative Officer Tim Cawley and the two people who work in Cawley's office: Dilara Alim, Jeffrey Damaschke. Chicago Public Schools responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS140. A response will be made within five (5) business days. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 34 of 39 If an extension of time is required , written notice will be provided within five business days and the reason for the extension. Upon the completion of a response, CPS will provide the fi rst 50 pages to you at no charge. If a response is more than 50 pages, each additional page will be .15¢ per page. Copies of video recordings have a fee of $48 , and the fee must be received prior to the copying of the recording. CPS will inform you of any fees due if your paper response exceeds 50 pages. You can monitor the progress of your request at the link below and you'll receive an email when your reque.st has been completed. Thank you for using the CPS FOIA Center. Track the issue status and respond at: https.//t ryi::usrhelµ.1n!o1cPS11_csiReq\JestEclil asp, ?nct=79:1 lutps://rnai l.googlc .com/rn3il/u/O/?w=2&il:; J:uca l 1f09&, icw,:pt&q~NOOONJ&(1s" lt'Uc&.scarch.. qucry&lh= 1-ldt7 9 I361 Wrc::ic&si,nl= l-ldl79 IJ6 I9ffc~c 111 lOt lJ/20 15 B,:11,:rg,w.org ~bi l • F()li\ R,•1111cst :: NOOOlll l-01;1 1915 BCA Sarah Karp S h i11i uu u L~t\ u,u Ouvv u1nh.,1l --- ----- FOIA Request:: N000811-061915 -- ----- 1 message Chicago Public Schools FOIA Center To: skarp@bettergov.org Fri, Jun 19, 2015 at5:00 PM Dear Sarah: Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: N000811-061915 You have requested the following records: Please provide me, from 2010 to June 20, 2015, copies of any and all documents, including invoices, that show how much CPS paid to Synesi Associates, the University of Chicago's Network for College Success, the Southern Regional Education Board and Pearson, and why CPS paid this money to these companies. Chicago Public Schools responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS140. A response will be made within five (5) business days. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 35 of 39 If an extension of time is required, written notice will be provided within five business days and the reason for the extension. Upon the completion of a response, CPS will provide the first 50 pages to you at no charge. If a response is more than 50 pages, each additional page will be .15¢ per page. Copies of video recordings have a fee of $48, and the fee must be received prior to the copying of the recording. CPS will inform you of any fees due if your paper response exceeds 50 pages. You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Thank you for using the CPS FOIA Center. Track the issue status and respond at: https//mvcusthelp info/CPS1/_cs/ReouestEd1t.asp1<:?r1d=81 I ht1 ps://m:1il.goog lc .com/m;iil/u/Ui?ui::2&i k:a3a.3,:a 12f09&1'i cw=r1t&q =N0008 I I&qs=trnc&scnrch =quci: &th~ 1-lcOddtiOdac I 041 c&siml:: l-k0dd60dac l 0-I Jc I/ I LO/IJ/2015 Rcucrg,JI' .org 1'"'1.i l - FOi A R,·1111cst :: N00095S-082015 Sarah Karp FOIA Request:: N000958-082015 1 message Chicago Public Schools FOIA Center To: skarp@bettergov.org Thu. Aug 20, 2015 at .5:14 PM Dear Sarah : Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: N000958-082015 You have requested the following records: Please provide me the race and ethnicity of all teachers hired for each of the last 10 school years, including the most current information, and the schools or citywide unit for which they were hired. Also, please provide any information on whether they are still teaching for CPS and, if so, if they are at the same school. Chicago Public Schools responds to all publfc records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS140. A response will be made within five (5) business days. ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 36 of 39 If an extension of time is required, written notice will be provided within five business days and the reason for the extension. Upon the completion of a response., CPS will provide the first 50 pages to you at no charge. If a response is more than 50 pages, each additional page will be .15¢ per page. Copies of video recordings have a fee of $48, and the fee must be received prior to the copying of the recording. CPS will inform you of any fees due if your paper response exceeds 50 pages. You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Thank you for using the CPS FOIA Center. Track the issue status and respond at: htlps //mvcusthelp 1nfo/CPSl/_,:s/R.equesiEdlt asp FOIA Request : : N000959-082015 1 message Chicago Public Schools FOIA Center To: skarp@bettergov.org Thu, Aug 20, 2015 at 5:16 PM Dear Sarah : Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: N000959-082015 You have requested the following records: Under FOIA, I am requesting any and all contracts and other agreements, as well as payments and invoices, relating to LEAP Innovations from July 1, 2013 through present. Please note this is for a possible news story. As such I ask that all fees be waived as the law allows. I ask that this information be conveyed electronically, to this email address: skarp@bette rgov.o rg ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 37 of 39 Chicago Public Schools responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS140. A response will be made within five (5) business days. If an extension of time is required, written notice will be provided within five business days and the reason for the extension. Upon the completion of a response, CPS will provide the first 50 pages to you at no charge. If a response is more than 50 pages. each additional page will be .15¢ per page. Copies of video recordings have a fee of $48, and the fee must be received prior to the copying of the recording. CPS will inform you of any fees due if your paper response exceeds 50 pages. You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Thank you for using the CPS FOIA Center. Track the issue status and respond at: https //mycusthelp.tnfo1CPSi/_cstP.equestEd1t asp-.., ?nci=-95!-1 I i I EXHIBIT f 1' Q. hups://mai I.googk .comlmaillu/0/?u,='.!&ik=J:uca I 2f09& 1·icw::p1&q=-N00095<>..b1s =1ruc&s<'nrd1"<1ucry&1h; l-lf-ld2f I•k8846cd&si ml:. J-l 1"4d~ fl-lcSS-l6cd 1/1 1011)/2015 lk11crio1•.0rg l\faal - FOIA Rc1111cs1 :: N00102 1-092:!l.5 Sarah Karp FOIA Request:: N001021-092215 1 message Chicago Public Schools FOIA Center To: skarp@bettergov.org Tue, Sep 22 . 2015 at 4:34 PM Dear Sarah: Thank you for your interest in Chicago Public Schools. Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: N001021-092215 ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 38 of 39 You have requested the following records: Please provide me documents sufficient to show the number of students that CPS placed and paid tuition for in a "non-public CPS approved specialized school" for each year since the 2009-2010 school year. Please provide me documents sufficient to show the name of the previous school of each child placed in a non-public CPS approved specialized school in the 2012-2013 school year, 2013-2014 school year and the 2014-2015 school year. Please provide any and all deliverables on performance and indicators such as attendance transition out of the "non-public specialized school" provided to CPS for the past five years. Please provide any information provided to CPS (including discipline policies or reports on incidents) on use of restraint or isolation (sometimes called "timeouts") by "non-public CPS approved special schools" that CPS has contracted with for each year since the 2010 school year. Chicago Public Schools responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS140. A response will be made within five (5) business days. If an extension of time is required, written notice will be provided within five business days and the reason for the extension. Upon the completion of a response, CPS will provide the first 50 pages to you at no charge. If a response is more than 50 pages, each additional page will be .15¢ per page. Copies of video recordings have a fee of $48, and the fee must be received prior to the copying of the recording . CPS will inform you of any fees due if your paper response exceeds 50 pages. You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Thank you for using the CPS FOIA Center. Track the issue status and respond at: htlps //mycusthelp mfo/CPS1/_,::s1RequestEd1laspx?rirJ= 02 1 ij EXHIBIT i Q I Q. hups:1/mail .i;ooglc-.com/n,ai l/u/Ol'! ui: :!&ik: .fa.k:i I ~fU9&1·icw: p1&q=NOO I 02.1&qs::111Jc-S,:5c~rch:cqucry&1h;; 1-lff6fo Non-Commercial FOIA Request:: N001021-092215 1 message Chicago Public Schools FOIA Center To: skarp@bettergov.org Tue, Sep 29, 2015 at 3:18 PM - Please respond above this line -- 9/29/2015 Senior Reporter Sarah S Karp 223 W. Jackson Blvd. Suite 900 Chicago IL 60637 Dear Sarah: ELECTRONICALLY FILED 10/16/2015 11:42 AM 2015-CH-11326 PAGE 39 of 39 RE: Chicago Public Schools FOIA Request N001021-092215 Thank you again for using the Chicago Public Schools FOIA Center. On 9/22/2015, you requested the following: Please provide me documents sufficient to show the number of students that CPS placed and paid tuition for in a "nonpublic CPS approved specialized school" for each year since the 2009-201 O school year.Please provide me documents sufficient to show the name of the previous school of each child placed in a non-public CPS approved specialized school in the 2012-2013 school year, 2013-2014 school year and the 2014-2015 school year.Please provide any and all deliverables on performance and indicators such as attendance transition out of the "non-public specialized school" provided to CPS for the past five years.Please provide any information provided to CPS (including discipline policies or reports on incidents) on use of restraint or isolation (sometimes called "timeouts") by ''non-public CPS approved special schools" that CPS has contracted with for each year since the 201 O school year. . Under the Freedom of Information Act, a public body may extend the time to respond to a FOIA request by up to 5 business days for a limited number of reasons. 5 ILCS 140/3(e). We are extending the time to respond to your request by 5 business days for the following reason(s): the request requires collecting a substantial number of records. We will respond to your request by 10/6/2015. Sincerely, Andrew Mason FOIA Officer Chicago Public Schools hup.s~//rnail.i;oo:;Jc.com/m3il/u/O/~ui =2&ik =JaJca I 2f09&1·ic11·-r1&q~NOlll 02 I &qs =1rue&scarch=11uc r~ &1h - I 50 l:tc I:iJ6-lffra I &s, ml =l50 Iac 1536-lrfca I EXHIBIT II l Chancery DIVISION Litigant List Printed on 10/16/2015 Case Number: 2015-CH-11326 Page 1 of 1 Plaintiffs Plaintiffs Name Plaintiffs Address State Zip BETTER GOVERNMENT ASSOCIA Unit # 0000 Total Plaintiffs: 1 Defendants Defendant Name CEO, CHICAGO PUBLIC SCHOO Defendant Address State Unit # Service By 0000 Total Defendants: 1