LII. I i .1. IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CI IT C: COLES COUNTY, ILLINOIS MR 1 2017 . JOHN KRAFT Circuit Clerk ?ms PlaintiffCase No: COUNTY OF COLES Defendant COMPLAINT FOR DECLARTORY AND INJUNCTIVE RELIEF Introduction 1. This is an action to obtain a Court order declaring that Plaintiff, John Kraft, has a right to inSpect, copy, and to receive a copy of certain public records he has requested from Defendant County of Coles under the Illinois Freedom Of Information Act 5 ILCS 1401/ et seq., and to order Defendants to produce those records. Jurisdiction and Venue 2. This Court has jurisdiction under 5 ILCS 140/11 because Plaintiff challenges the failure of Defendants, a public body of the State of Illinois, to produce records responsive to a OIA request for public records. Venue is proper in Coles County under 5 ILCS 140/ 1 1(0) because it is where the party denying the records maintains its main of?ce. Parties 3. Plaintiff John Kraft is a resident of the County of Edgar. 4. Defendant is a ?public body? as that term is defined in 5 ILCS Factual Allegations 5. This case concerns a OIA request that John Kraft submitted by electronic mail to the Coles County Supervisor of Assessments on January 25, 2017. The request asked the SAC to provide a ?Copy of the ?study? conducted by Bob Becker.? See Exhibit A. Defendant?s Failure to Timely Respond 6. On February 3, 2017, Defendant responded with reasons why Coles County could not provide the information and offered other information instead. See Exhibit B. 7. On February 3, 2017, Plaintiff responded to Defendant clarifying what he requested, informing them they had already failed to reply in a timely manner, and asked again for the records originally requested. See Exhibit B. 8. Having received no reSponse, on February 7, 2017, Plaintiff sent another email to Defendant asking when the records would be provided. See Exhibit C. 9. Finally, on February 7, 2017, Defendant replied stating she had forwarded rny FOIA request to Brian Bower, Coles County State?s Attorney. See Exhibit C. 10. On February 9, 2017, Plaintiff sent another email to Defendant once again asking for the requested records. See Exhibit D. 11. On February 9, 2017, Defendant replied advising that the matter had been turned over to the Coles County State?s Attorney and to contact Elaine Karpus-Komada for any future FOIA requests. See Exhibit D. 12. On February 14, 2017, Plaintiff once again asked for the requested records, this time during the Public Comment session of the County Board Meeting and in the presence-of the Coles County State?s Attorney. 13. 01A requires a public body to ?either comply with or deny a request for public records within 5 business days after receipt of the request.? 5 ILCS 140/3 14. The deadline for the Defendant?s response to Plaintiff? FOIA request was therefore February 1, 2017. 15. Defendant did not provide any response until two business days after the February 1, 2017 deadline. Defendant?s Failure to Provide Requested Records 16. OIA de?nes ?Public records? under 5 ILCS 140/2(c) and also de?nes additional public records as ?records not in the possession of the public body but is in possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body . . . shall be considered a public record ofa public body. . 5 ILCS 140/70). As a record of a public body, it is subject to disclosure. Defendant?s Failure to Comply with requirements for FOIA Denials 17. Defendant?s ?denial? failed to include ?the detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial? as required by 5 added). 18. Defendant?s ?denial? failed to ?inform [Plaintiff] of the right to review by the Public Access Counselor,? ?provide the address and phone number for the Public Access Counselor,? or ?inform [Plaintiff] of his right to judicial review? all of which OIA required it to do so. 5 COUNT I ILINOIS FREEDOM OF INFORMATION ACT 19. Plaintiff re-alleges Paragraphs 1 through 18 of this Complaint as though fully set forth herein. 20. The records sought in Plaintiff?s FOIA request are public records of the public body and subject to disclosure under 01A. 21. Defendant has not and cannot show by clear and convincing evidence that any records it has that are reSponsive to the FOIA request are exempt from disclosure. 22. Because Defendant failed to timely respond to Plaintiff?s request, FOIA bars Defendant from re?ising to produce records responsive to Plaintiff?s request on the grounds that doing so would be unduly burdensome. See 5 23. Plaintiff is therefore entitled to have Defendant produce all records responsive to his 01A request. 24. Because Defendant wrongly failed to produce the requested records, Plaintiff is entitled to an award of his reasonable costs under 5 140/ 1 IO). Relief Requested WHEREFORE, Plaintiff, John Kraft, respectfully requests that this Court: A. Enter a declaratory judgment that Plaintiff is entitled to the records it has sought in its FOIA request ofJanuary 2S, 2017; B. Order Defendant produce all records responsive to Plaimiffs FOIA request of January 25. 2017; c. Award Plaintiffrcasonable costs: and D. Award Plaintiff any addifional relief the Court deemsjust and proper' Dated: 3 20/7 Respeetruny submitted, John Kraft, pm .38 John Kraft EXHIBIT A From: John Kraft Sam: Wednesday, January 15, 2017 9:39 AM To: 'assessmemeflco coies il.us' (assessment@cu.cuies.ii us) Subject: Request (Coies Ca. Sup 0! Assessments) - 1454017 in accordance with the Freedom of Information Act I am requesting the following. lfyou are not tire FOIA oriicer please forward to tile officer as required by statute Copy ofthe following: 1) Copy of the "sturiw conducted by Bob Becker. Electronlc copies are requested. This is not a commercial request This is also a requesl ior fee waiver, should enyrees be imposed, as this information bears on the public business of Coles County and will be used to inrorrn citizens of the actions of their public officials and uftheir rights and responsibilities. [qua/ify as both media and nonprofit under the definitions in Section 2 (e710) ("L'ammerci'al purpose Section 2 if) ("News media"), Sect/on 2 ("Recurrent requester"), and Section 2 (ii) ("Volumirlous request") afthe Freedom nfinfomlazion Art, for the purposes of being exempt the provisions af Seclian 3.1 {Requests for commercioi purposes), section 3.2 {Recurrent requesters), Section 3.6 (Voluminous requests}, and Secflorl 5 (Authority to cnaige/ees), Thanks, John Kraft EXHIBIT From John Kraft Se riday, February 03, 1017 10:18 AM Bren Biddle 7 Cole: OD Sunv ofAsSessments (mice Subject: RE: FDIA Request Mrs. Biddle, The study i am alter was the work product resulting from the contract with Mr. Becker and paid ior by the taxpayers of Coles County. it is public record. Please contact Mr. Becker chtain a copy as that is what the Freedum at information Act requires. I do not simply Want the vaiues, i Wam to know he those values were determmed, which I why i want to look at the study. Hind it odd that you Walt until 2 days after the Hay mandatory response time ta tell me yuu will nut produce the records Request was sentian 25m at 9:39 makingthe responseto me due on February the lstl, and even then you do not send a proper denial of the records i requested Please immediately advise me If you wiil be obtaining these records from Mr, Becker or not so that i may proceed with litigation under Section 11 0! the Freedom of information Act if need be. Thanks, John Kraft From: Karen Biddle Cules Co Supv of Assessments Office [marlta-KErddlelacgrolesul Sent: Friday, February 03,1017 9:55 AM To: Juhn Kraft Cc: 'Rohert Becks--lame Komada - Coles Cn Board Subject: FOIA Request Mr. Kraft, As you know, the recent commercial/industrial property revaluation done for Mattoon Township was done by a licensed, independent fee appraiser hired by Coles County. The records you are requesting were done by Mr. Becker, and are a part of his personal business records. Coles County is not in possession of this study, or any of Mr. Becker?s other work. i am therefore unable to provide this information to you. I have a summary listing of Mattoon commercial/industrial values, in Excel format, that has been made available to me for public distribution. Please let me know if you would be interested in receiving that information. Karen Biddle EXHIBIT me; Karen Biddle - Cnies Ca Supv of Assessments Office [mainmKBiddleE'CotmleSJLus] Sent: Tuesday, February 07, 2017 3:52 PM To: John Kraft Subled: RE: Request Mr Kraft. have forwarded youv ForA request to Brian Bower, Co'es County States Anomey, at his request. forward yuur emali on hlm, Keven From: John Kraft Sent: Tuesday, Fe marv a PM To: Karen Biddle Coles Co Supv of Acsessments Office Bryan Bower Cales Co State's Any-s Office ug) CC: Elaine Komada Coles Co Board (ekmda Licoxok's mus) Subject: RE: FOJA Request Mrs, Biddle, when these pub'ic records be provided. You are we" past the reqmred time-frame. Thanks, John Krait EXHIBIT From; Karen Bidd'e - Coles CD Sum of Assessments Office [mailtazKBiddle@cD.coles.iLus] sent: Thursday, February 09, 2017 3,47 PM John Kraft-- Subject: RE: FDIA Request - Final Good-Faith Effort PRIOR TO LITIGATION Mr Kraft, ThI's matter has been turned overto the Gales Coumv states Attorney, ErI'an Bower. ch can reach mm a! Beower@c Ie 5.7112 person In cantacl regarding any future FOIA requests Is Elalne Karpus~ Komada at (217)34fl-0595, or at CounlybuardQca tales." us [will farward HHS emaIl on to Mr. Bower Karen Eiddle mn-- Sent: Thursday, February 09, 2017 .59 PM To: Karen Biddle - CoIes Ca Supv of Assessments Office CIRCUIT CLERK Melissa Hurst JUDICIAL CIRCUIT #05 COUNTY OF Coles 651 Jackson Avenue Room 128 Charleston IL 61920?0000 217/348-0516 CASH RECEIPT 3/14/201713:37 Receipt no. 039104 Receipt date 3/14/2017 Reclass date Case number 2017MR000053P 001V001 KRAFT, JOHN VS. COLES COUNTY Payor KRAFT, JOHN Comment FILING FEE Agency Misc. Payment type Personal check Check in 1174 Check out 0000000000 Overpayment .00 Clerk 80.00 Court 5.00 Automation 15.00 Law Library 8.00 Judicial Security 38.00 Document Storage 15.00 Access to Justice 2.00 E-Business 9.00 Total 172.00 Workstation User ID RSE Branch THANK