ELECTRONICALLY FILED 11/17/2016 3:40 PM 2016-CH-15117 CALENDAR: 10 PAGE 1 of 5 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. ILLINOIS HOUSING DEVELOPMENT AUTHORITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) COMPLAINT NOW COMES Plaintiff, BETTER GOVERNMENT ASSOCIATION, by its undersigned attorneys, LOEVY & LOEVY, and brings this Freedom of Information Act suit against ILLINOIS HOUSING DEVELOPMENT AUTHORITY (“IHDA”) in response to IHDA’s failure, in willful violation of the Illinois Freedom of Information Act, to produce unredacted documents responsive to BGA’s requests regarding potential “pay to play” misconduct by IHDA’s former chair. In support of its Complaint, BGA states as follows: INTRODUCTION 1. Pursuant to the fundamental philosophy of the American constitutional form of government, it is 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 Illinois Freedom of Information Act (“FOIA”). 2. Restraints on access to information, to the extent permitted by FOIA, 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 the people. 3. 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. 4. 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 140/11(j). 5. Under FOIA Section 11(h), “except as to causes the court considers to be of ELECTRONICALLY FILED 11/17/2016 3:40 PM 2016-CH-15117 PAGE 2 of 5 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.” PARTIES 6. 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 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. 7. Defendant ILLINOIS HOUSING DEVELOPMENT AUTHORITY (“IHDA”) is a public body located in Cook County, Illinois. BACKGROUND 8. Joseph Galvan was appointed as the chair of IHDA in May 2015. 2 9. Galvan’s appointment at IHDA was withdrawn on March 11, 2016, after accusations were made by a developer that Galvan engaged in “pay to play,” telling developers that it would help their cause in getting IHDA contracts to hire Galvan’s consulting company. BGA’S REQUESTS AND IHDA’S PARTIAL DENIALS 10. On March 17, 2016, BGA submitted a FOIA request to IHDA for emails of various public officials referencing Galvan during the time period of February 19 to March 17, 2016. 11. On March 31, 2016, IHDA provided responsive documents but redacted information based on personal information under Section 7(1)(b) and deliberative process under ELECTRONICALLY FILED 11/17/2016 3:40 PM 2016-CH-15117 PAGE 3 of 5 Section 7(1)(f). A true and correct copy of IHDA’s March 31, 2016 response is attached as Exhibit A. 12. On April 11, 2016, BGA submitted a FOIA request to IHDA seeking emails between IHDA officials and outlook.com and galvanassociates.com email accounts used by Mr. Galvan during the period of February 19 to April 11, 2016. 13. On April 25, 2016, IHDA produced responsive documents but redacted information based on personal information under Section 7(1)(b) and attorney-client privilege under Section 7(1)(m). A true and correct copy of IHDA’s April 25, 2016 response is attached as Exhibit B. 14. On August 5, 2016, counsel for BGA wrote to IHDA and explained why BGA contends that Sections 7(1)(f) and 7(1)(m) were unfounded. A true and correct copy of the email is attached as Exhibit C. 15. On September 23, 2016, IHDA responded that it would not reconsider its responses. 3 16. A true and correct copy of IHDA’s partial denial letters and the redacted documents that BGA challenges in this suit are attached is Exhibit D. 17. In addition, BGA challenges the sufficiency of IHDA’s search for responsive records with regard to both requests and asks that, in accordance with established case law, IHDA prove that it conducted a thorough search. ELECTRONICALLY FILED 11/17/2016 3:40 PM 2016-CH-15117 PAGE 4 of 5 COUNT I – IHDA’S WILLFUL VIOLATION OF THE MARCH 17, 2016 REQUEST 18. The above paragraphs are incorporated by reference. 19. IHDA is a public body under FOIA. 20. BGA requested public records of the IHDA under FOIA. 21. IHDA violated FOIA by withholding non-exempt records. 22. IHDA’s violations were willful and intentional. COUNT II – IHDA’S WILLFUL VIOLATION OF APRIL 11, 2016 FOIA REQUEST 23. The above paragraphs are incorporated by reference. 24. IHDA is a public body under FOIA. 25. BGA requested public records of the IHDA under FOIA. 26. IHDA violated FOIA by withholding non-exempt records. 27. IHDA’s violations were willful and intentional. WHEREFORE, BGA asks that the Court: i. in accordance with FOIA Section 11(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. order IHDA to produce the requested records under FOIA; 4 iii. award BGA reasonable attorneys’ fees and costs; iv. order IHDA to pay a civil penalty of $5000 for each violation; and v. award such other relief the Court considers appropriate. RESPECTFULLY SUBMITTED, ____________________________ ELECTRONICALLY FILED 11/17/2016 3:40 PM 2016-CH-15117 PAGE 5 of 5 Attorneys for Plaintiff BETTER GOVERNMENT ASSOCIATION Matthew Topic Joshua Burday LOEVY & LOEVY 311 N. Aberdeen, Third Floor Chicago, IL 60607 (312) 243-5900 foia@loevy.com Atty. No. 41295 5 Exhibit A ELECTRONICALLY FILED 11/17/2016 3:40 PM 2016-CH-15117 CALENDAR: 10 PAGE 1 of 2 CIRCUIT COURT OF COOK COUNTY, ILLINOIS CHANCERY DIVISION CLERK DOROTHY BROWN It 401 N.Michi an Avenue ILLINOIS HOUSING sumo ?3 DEVELOPM ENT AUTHORITY Chicago a. 60611 312.836.5200 866.324.4431 TDD Bruce Rauner, Governor You also have the right to seek judicial review of your partial denial by ?ling a lawsuit in the State circuit court (5 ILCS 140/11). I hope this has been of assistance, but please feel free to contact me at 312.836.5214 shouid you have any questions. Sincerely, gm if: gi?g ?5 Xi ?f?g??jf gigv?g 5} 5* Amanda Carone 3 2? Assistant Legal Department Administrator Enclosures ZJO Financing the creation and preservation ??t?g?ufinq Exhibit B ELECTRONICALLY FILED 11/17/2016 3:40 PM 2016-CH-15117 CALENDAR: 10 PAGE 1 of 2 CIRCUIT COURT OF COOK COUNTY, ILLINOIS CHANCERY DIVISION CLERK DOROTHY BROWN A 401 N.Michi an Avenue HOUSING ammo DEVELOPM ENT AUTHORITY Chicago IL 60611 332.836.5200 866.326?4431 TDD Bruce Rauner, Governor I hope this has been of assistance, but please feel free to contact me at 3l2.836.5214 should you have any questions. Sincerely, is?, 5 f? ?fzewsfg?iu, it gf?segw M?s We?saeea?w ?ffgg?? 15;; Amanda Carone Legal Department Administrator Enclosures J0 Financmq the creation and preservation ELECTRONICALLY FILED 11/17/2016 3:40 PM 2016-CH-15117 CALENDAR: 10 PAGE 1 of 1 CIRCUIT COURT OF COOK COUNTY, ILLINOIS CHANCERY DIVISION CLERK DOROTHY BROWN Exhibit C ELECTRONICALLY FILED 11/17/2016 3:40 PM 2016-CH-15117 CALENDAR: 10 PAGE 1 of 28 CIRCUIT COURT OF COOK COUNTY, ILLINOIS CHANCERY DIVISION CLERK DOROTHY BROWN Exhibit D ELECTRONICALLY FILED 11/17/2016 3 40 PM PAGE 2 0f 28 ILLINOIS HOUSING ?em DEVELOPMENT AUTHORITY Chicago IL 60611 312.836.5200 866.324.4431 TDD WWJHUEOFO Bruce Rauner. Governor You also have the right to seek judicial review of your partial denial by ?ling a lawsuit in the State circuit court (5 11.05 140/11). I hope this has been of assistance, but please feel ?ne to contact me at 312.836.5214 should you have any questions. Sincerely, 3/31 Amanda Carone Assistant Legal Department Administrator Enclosures the creatlon and preservation of affordable housing Marguerite Winters I From: Cami Freeman Sent: Wednesday. March 09. 2016 7:06 PM To: Maureen Ohle Cc: Amanda Carone; Audra Hamernik; Finn Subject: Re: FOIA request Thank you. Will do. Sent ?'om my iPhone On Mar 9, 2016, at 6:04 PM, Maureen Ohle wrote: Maureen G. Ohle General Counsel Illinois Housing DeveloPment Authority 40] N. Michigan Avenue, Suite 700 Chicago, IL 6061 1 Main: 312-836-5200 Direct: 312-836-5339 Mobile: 312-859-5930 E-Mail: maoh1e@ihda.org PAGE 3 0f 28 ELECTRONICALLY FILED 11/17/2016 3 40 PM On Mar 9, 2016, at 5:21 PM, Cami Freeman wrote: FYI. I will wait to hear back from you before I take action. Thank you. Sent from my iPhone Begin forwarded message: From: Casey Toner Date: March 9, 2016 at 5:02:00 PM CST To: cfreeman@ihda.org Subject: FOIA request Dear Housing Development Authority FOIA of?cer, This is Casey Toner with the Better Government Association with a request for records under the Illinois Freedom of Information Act. Marguerite Winters 2 From: Cami Freeman Sent: Thursday. March 10, 2016 5:48 AM To: Maureen Ohle Cc: Amanda Carone: Audra Hamernik; Finn Subject: Re: FOIA request Sent ?'orn my iPhone On Mar 9, 2016, at 6:04 PM, Maureen Ohle wrote: PAGE 4 of 28 ELECTRONICALLY FILED 11/17/2016 3 40 PM Maureen G. Ohle General Counsel Illinois Housing DeveIOpment Authority 401 N. Michigan Avenue. Suite 700 Chicago, IL 6061 1 Main: 312-836-5200 Direct: 312-836-5339 Mobile: 312-859-5930 E-Mail: maohle@ihda.org On Mar 9, 2016, at 5:21 PM, Cami Freeman wrote: FYI. I will wait to hear back ??om you before I take action. Thank you. Sent ?om my iPhone Begin forwarded message: From: Casey Toner Date: March 9, 2016 at 5:02:00 PM CST To: Subject: FOIA request Dear Illinois Housing Development Authority FOIA officer. This is Casey Toner with the Better Government Associatlon with a request for records under the Illinois Freedom of Information Act. 67 Marguerite Winters From: Maureen Ohle Sent: Thursday, March 10. 2016 6:07 AM To: Cami Freeman Cc: Amanda Carone: Audra Hamernik; Finn Subject: Attorney Client Communication ELECTRONICALLY FILED 11/17/2016 ?Maureen G. Ohle General Counsel Illinois Housing Development Authority Michigan Avenue, Suite 700 C_hicago, 6061] Main: 3 12-83 6?5200 Direct: 312?836-5339 Mobile: 312-859-5930 E-Mail: maohle@ihda.org On Mar 10, 2016, at 6:47 AM, Cami Freeman wrote: Sent from my iPhone 011 Mar 9, 2016, at 6:04 PM, Maureen Ohle wrote: ELECTRONICALLY FILED 11/17/2016 3:40 PM Mar uerite Wlnters 00 Fromi Sent: To: Cc: Subject: Maureen Ohfe Tuesday, March 15, 2016 4:17 PM Audra Hamernik; Cami Freeman Charlotte Flickinger; Christine Moran More Re: BGA (Contacting Developers) - Confidential ED Housin" Coons!? sailed a Iit?e wh?e a to let us kno_ ELECTRONICALLY FILED 40 PM 11/17/2016 3 Marguerite Winters From: Marguerite Winters Sent: Friday, March 18, 2016 2:01 PM To: Colleen Synowiecki Cc: Charlotte Flickinger Subject: FOIA again Hi Colleen. Thank You! Mags Maggie Winters Assistant Legal Department Administrator Housing Development Authority 312-836-5391 312-832-2169 v?l 00 a: NFIDENTIALITY NOTICE: This email (and attachments) contains information that belongs to the sender and may be :Econflidential or protected by attorney-client or attorney work product privilege. The information is only for the intended ?f?ipient. Please do not disclose, copy, distribute, or use this information. Please notify the sender of receipt he email and then destroy all copies of it. Receipt by unintended recipient does not waive attorney-client privilege or attorney work product privilege or any other exemption from disclosure. Thank you Marguerite Winters From: Joseph Galvan Sent: Friday, March 04, 2016 10:40 AM To: Audra Hamernik Subject: Fwd: IHDA Lease. Thank you, Joseph P. Galvan Principal Galvan and Associates, LLC Begin forwarded message: ELECTRONICALLY FILED 11/17/2016 3 40 PM PAGE 8 0f 28 From: Joseph galvan Date: March 4, 2016 at 9:34:55 AM CST To: Audra Hamernik Subject: Re: IHDA Lease. Audra, What is the message I am to relay to the Chairman. Call if you'd like to discuss Thank you, Joseph P. Galvan Chairman Illinois Housing Development Authority On Mar 3, 2016, at 7:35 PM, Audra Hamernik wrote: Chairman, Maureen and i had a productive conference call today with Matt von Behren the Executive Director of the PPB. Please call the PPB Chair Frank Vala Chair Vala's contact Info Is below. Please let me know when you have done this, hopefully on Friday, so we can continue to work with Matt. Our packet is due to Matt on Monday. I am happy to be on the call you. Just let me know. 1 ?51 Marguerite Winters From: Charlotte Flickinger Sent: Tuesday, March 01, 2016 7:11 AM To: Maureen Ohle Subject: Re: Shimkus No sorrows! Worked out perfectly. Chairman is with me. Charlotte Flickinger Director of Legislative Affairs Illinois Housing Development Authority 312.519.9550 Sent from my iPhone On Mar 1, 2016, at 8:22 AM, Maureen Ohle wrote: PAGE 9 0f 28 ELECTRONICALLY FILED 11/17/2016 3 40 PM Sorry! I de?nitely would've planned if I knew. Good luck. Again, sorry not to be ready to hit this one with you. Maureen G. Ohle General Counsel Illinois Housing Development Authority 401 N. Michigan Ave, Suite 700 Chicago, IL 60611 312-836-5200 maohle@ihda.org This e?mail message is con?dential, is intended only for the named recipients above and may contain information that is privileged, attorney client work product or otherwise protected by applicable law. If you have received this message in error, please notify the sender and delete this e-mail message. Thank you. On Mar 1, 2016, at 8:13 AM, Charlotte Flickinger wrote: All good! later. Ll Marguerite Winters From: Charlotte Flickinger Sent: Monday, March 21, 2016 2:43 PM To: Marguerite Winters Subject: FW: Attorney Client Communication From: Maureen Ohle Sent: Monday, March 07, 2016 2:35 PM To: Audra Hamernik Charlotte Flickinger Cc: Nandini Natarajan Subject: Attorney Client Communication From: joseph galvan Sent:: Monday, March 07, 2016 2:20 PM To: McCarthy, Sean Egg Audra Hamernlk Maureen Ohle wrote: Left messages. Will try later this morning Thank you, Joseph P. Galvan Chairman Illinois Housing Development Authority PAGE 11 of 28 ELECTRONICALLY FILED 11/17/2016 3 40 PM On Mar 7, 2016, at 6:34 AM, Audra Hamernik wrote: Chairman, Please let us know if you were able to reach Frank Vala and the nature of your conversation. This is a big week for us as Thank you, Audra Sent from my iPhone On Mar 3, 2016, at 7:35 PM, Audra Hamernik wrote: Chairman, Maureen and I had a productive conference call today with Matt von Behren the Executive Director of the PPS. Please call the PPS Chair Frank Vala Chair Vala's contact info is below. Please let me know when you have done this, hopefully on Friday, so we can continue to work with Matt. Our packet is due to Matt on Monday. I am happy to be on the call with you. Just let me know. Thank you, Audra Sent from my iPhone Begin forwarded message: From: "VonBehren, Matthew" Date: March 3, 2016 at 1:41:58 PM CST To: "Ohle, Maureen Gainer" ,"Hamernik, Audra" wrote: ELECTRONICALLY FILED 11/17/2016 3 40 PM Hi Char - Sony I was not aware of this potential meeting earlier. To be honest I'm not sure I can be ready in time to make it to this meeting on time. I was going to be cutting getting to the 8:30 here at the hotel close. What happened to the Chairman? Maureen G. Ohle General Counsel Illinois Housing Development Authority 401 N. Michigan Ave, Suite 700 Chicago, IL 60611 312?836-5200 ELECTRONICALLY FILED 11/17/2016 3:40 PM 8 Marguerite Winters From: joseph galvan Sent: Monday, March 07, 2016 1:20 PM To: McCarthy, Sean Cc: Audra Hamernik; Maureen Ohle Subject: Re: IHDA Lease. After leaving messages and not getting a response out Matt gave us the wrong number. Frank Is on beerd- he is concerned enem? Thank you, Joseph P. Galvan Chairman Illinois Housing Development Authority On Mar 7, 2016, at 7:20 AM, McCarthy, Sean wrote: Great, Please keep me posted. 3 Sean 2 On Mar 7, 2016, at 6:48 AM, Joseph galvan wrote: Chairman, 2016-CH-15117 PAGE 14 of 28 ELECTRONICALLY FILED 11/17/2016 3'40 PM Maureen and i had a productive conference call today g? with Matt yon Behren the Executive Director of the PPB. Please call the PPB Chair Frank Vala to Chair Vala's contact info is below. Please let me know when you have done this, hopefully on Friday, so we can continue to work with Matt. Our packet is due to Matt on Monday. i am happy to be on the call with you. Just let me know. Thank you, Audra Sent from my iPhone Begin forwarded message: From: "VonBehren, Matthew" Date: March 3, 2016 at 1:41:58 PM CST To: "Ohle, Maureen Gainer" Subject: Re: and Gene Jones 2016-CH-15117 PAGE 15 of 28 Thank you, ELECTRONICALLY FILED 11/17/2016 3 40 PM Joseph P. Galvan Principal Galvan and Associates, LLC On Feb 28, 2016, at 8:17 AM, Audra Hamernik wrote: FYI - Gene was in the of?ce on Friday talking abom? Sent from my [Phone On Feb 26, 2016, at 9:58 AM, Joseph Galvan wrote: week after next March 8 or 9 Thank you, Joseph P. Galvan Principal ELECTRONICALLY FILED 11/17/2016 3 40 PM PAGE 16 of 28 n. 401 N. Michigan Avenue ILLINOIS HOUSING SulteTOO DEVELOPMENT AUTHORITY Chicago IL 60611 312.836.5200 see.3a4.4431 TDD Bruce Rauner. Governor Via Email April 25, 2016 Casey Toner Better Government Association ctoner@bettergov.org Re: Request for Information Dear Mr. Toner, This is in response to your written request for information under the Illinois Freedom of Information Act, 5 ILCS 140 (the dated April 11, 2016 and received by the Illinois Housing Development Authority (the ?Authority?) on April 11, 2016 wherein you requested the following: any and all emails Authority employees and of?cials sent to ihdachairman@outlook.com and josephgalvan@ galvanassociates.com from February 19, 2016 through April 11, 2016; and (ii) any and all e-mails Authority employees and of?cials received ?'om ihdachairman@outlook.com and from February 19, 2016 through April 11, 2016. Enclosed please ?nd docmnentation responsive to your request. Certain portions of the responsive documentation contain private information and are therefore exempt ?'om disclosure and have been redacted pursuant to 5 ILCS 140/70) and of the Act. Maureen G. Ohle, the Authority?s General Counsel, is responsible for the decision to partially deny your request. You have the right to have the partial denial of your request reviewed by the Public Access Counselor (the at the Of?ce of the Illinois Attorney General (5 ILCS You may ?le your request for review with the PAC by writing to: Public Access Counselor Of?ce of the Attorney General 500 South 2nd Street Spring?eld, Illinois 62706 Fax: 217.782.1396 E-mail: publieaceess@atg.state.il.us You also have the right to seek judicial review of your partial denial by ?ling a lawsuit in the State circuit court (5 ILCS 140/11). the creetlon and preservation of affordable houslnq ELECTRONICALLY FILED 11/17/2016 3 40 PM PAGE 17 0f 28 ILLINOIS HOUSING Chlcaqo IL 60611 DEVELOPMENT AUTHORITY 312.836.5200 866.324.4431 TDD wwahdurq Bruce Rauner. Governor I hope this has been of assistance, but please feel free to contact me at 312.836.5214 should you have any questions. Sincerely, CW My 9 25 Amanda Carone Legal Department Administrator Enclosures the ereatlon and preservation of affordable housing Marguerite Winters From: Maureen Ohle Sent: Monday, March 14, 2016 6:10 PM To: joseph galvan: Joseph Galvan Cc: Amanda Carone Subject: IHDA FOIA From: Casey Toner Cc: Amanda Carone Subject: RE: IHDA FOIA ELECTRONICALLY FILED 40 PM 11/17/2016 3 Li From: Maureen Ohle ImailtonaOhngihdaorg] Sent: Monday, March 14. 2016 6:10 PM To:joseph galvan Cc: Amanda Carone Subject: IHDA FOIA From: Casey Toner