IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT ?mi?t? ,13" MACOUPIN COUNTY ILLINOIS anc?i?mgigp?k/ ROBERT BOGUE. Plaintiff. 520/ ?7 Mt CITY OF CARLINVILLE. Defendant. COMPLAINT NOW COMES Plaintiff. ROBERT BOGUE. by his undersigned attorneys. LOEVY LOEVY. and brings this suit to overturn Defendant CITY OF refusal. in willful violation ofthe Illinois Freedom of Information Act. to respond to Freedom of Information Act requests. In support ofhis Complaint. BOGUE states as follows: INTRODUCTION 1. Pursuant to the fundamental philosophy of the American constitutional form of government. it is the public policy Ofthe State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the of?cial acts and policies of those who represent them as public Of?cials and public employees consistent with the terms of the Illinois Freedom oflnformation Act 5 ILCS l40/l. 2. Restraints on access to information. to the extent permitted by 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. 5 l40/l. 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. 5 ILCS 4. Under Section ll(h). "except as to causes the court considers to be of greater importance. proceedings arising under 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 5. Plaintiff ROBERT BOGUE is the FOIA requester in this case. 6. Defendant CITY OF CARLINVILLE is a public body located in Macoupin County. FIRST APRIL 15 FOIA REQUEST 7. On April 15. 20l7. BOGUE requested (1) "Copies ofall diplomas. certi?cates or any other proot?ot?training for each member on the city council and the Mayor. which documents they have completed (Freedom of Information Act) training? (2) ?Copies of all diplomas. certi?cates or any other proof of training for each member on the city council and the Mayor. which documents they have completed the OMA (Open Meetings Act) training.? (3) ?Copies of all City of Carlinville statements for the past 6 for all credit card. debit card. purchase card. and any other charge account utilized by the City ol?Carlinville. My request is for copies of each statement.? and (4) ?COpies ot'all expense reports and claims submitted to the city by each member on the city council and the Mayor for the past 6 months and speci?cally to include reimbursements ofany kind as well as travel expenses." A true and correct copy ot'the request is attached as Exhibit A. 8. never responded to FOIA request at all. let alone -3- within the five-day statutory deadline. 9. BOGUE submitted a request for review to the Attorney General on April 26. 20l7. A true and correct copy of the correspondence is attached as Exhibit B. 10. On May 2. 20l7, The Attorney General sent a letter to CARIJNVILLF. asking it to respond to both BOGUE and the Attorney General. A true and correct copy of the correspondence is attached as Exhibit C. CARLINVILLE never responded to the Attorney General or BOGUE. l2. On June 22. 2017. the Attorney General sent another letter to CARLINVILLE again asking it to respond. A true and correct copy ofthe correspondence is attached as Exhibit D. l3. As of the date of ?ling has not responded to BOGUE or the Attorney General. SECOND APRIL [5 FOIA REQUEST l4. On April IS. 2017. BOGUE requested (1) "Copy of all minutes. notes. video with audio. or audio recordings ofall electoral board meetings for the past 6 months.? ?Copies of all agendas. and public notices (newspaper ads) of all Electoral Board meetings for the past 6 months" and (3) ?Copies ot'all agendas. minutes. video recordings. and audio recordings of the Electoral Board Meeting held at/in Mr. Bertinetti?s private of?ce on or about December 28. 20l6 (same day as the Executive Session held at the same location) and prior to the Electoral Board Open Meeting held later that same day." A true and correct copy of the request is attached as Exhibit E. IS. never responded to request at all. let alone within the ?ve-day statutory deadline. 16. BOGUE submitted a request for review to the Attorney General on April 26. 2017. A true and correct copy of?the correspondence is attached as Exhibit B. 17. On May 2. 2017. The Attorney General sent a letter to asking it to respond to both BOGUE and the Attorney General. A true and correct copy of the correspondence is attached as Exhibit C. 18. CARLINVILLE never responded to the Attorney General or 19. On June 22, 2017. the Attorney General sent another letter to CARLINVILLE again asking it to respond. A true and correct copy ofthe correspondence is attached as Exhibit D. 20. As of the date of filing has not responded to BOGUE or the Attorney General. COUNT I FIRST APRIL 15 WILLFUL VIOLATION OF FOIA 21. The above paragraphs are incorporated by reference. 22. is a public body under 1301A. 23. The records sought in FOIA request are non-exempt public records of CARLINVILLE. 24. CARLINVILLE willfully and intentionally violated FOIA by failing to respond to the FOIA requests by the required deadline. COUNT II SECOND APRIL 15 WILLFUL VIOLATION OF FOIA 25. The above paragraphs are incorporated by reference. 26. CARLINVILLE is a public body under FOIA. 27. The records sought in BOGUE's FOIA request are non-exempt public records of CARLINVILLE. 28. CARLINVILLE willfully and intentionally violated FOIA by failing to respond to the FOIA requests by the required deadline. WHEREFORE. BOGUE asks that the Court: i. in accordance with Section I Hf). 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 CARLINVILLE has violated FOIA: order CARLINVILLE to produce the requested records: iv. enjoin CARLINVILLE from withholding non-exempt public records under FOIA: v. order CARLINVILLE to pay civil penalties; vi. award Plaintiff reasonable attorneys? fees and costs: vii. award such other reliefthe Court considers appropriate. RESPECTFULLY SUBMITTED. Joshua Hart Buru'rn.? Attorneys for Plaintiff ROBERT BOGUE Matthew Topic Joshua Burday LOEVY LOEVY 3 1 North Aberdeen. 3rd Floor Chicago. IL 60607 3 I 2-243-5900 foia@loevy.com Atty. No. 41295 From: Rob Bogue Sent: Saturday, April 15, 2017 5:50 PM To: Cbrockmeier@cityotcarlinville com Subject: FOIA request for documents In accordance with the Freedom at Information Act, lam requesting the tollowing information from the City at Carlinville: 1) Copies at all diplomas certificates or any other prool of training for each member on the city council and the Mayor which documents they have completed FOIA (Freedom 01 Information Act) training 2] Copies of all diplomas, certificates or any other proof of training for each member on the city council and the Mayor which documents they have compieted the OMA (Open Meetings Act) training 3] Copies of all City of Carlinville statements for the past 6 months . for all credit card debit card. purchase card and any other charge account utilized by the City of Carlinville My request is tor copies of each statement 4) Copies ot all expense reports and claims submitted to the city by each member on the city council and the Mayartor the past 6 months and specmcally to include reimbursements of any kind as well as travel expenses Electronic copies are requested. This is not a commercial request. In the event papers copies must be prowded I am requesting the fees be waived as outlined in the Freedom of Inlorrnation Act as this is a request for public intorrnation that is to be shared publicly If a waiver of fees is not given then I do request an estimate of the cost be prowded prior to filling the FOIA request, The FOIA law requires a response Within 5 business days, If you are not the FOIA officer' FOIA laws required that you iorward this request to the FOIA oriicer immediately If you seek further clarification regarding this request please do not hesitate to contact me via e-mail Within the time limits as prescribed by Illinois Law, Robert O, Bugue Exhibit A Jones Joshua Wednesday, pn Pub": Antes; Subjm: Requen lo! rewew 0! row lequest Amrhmems: FOIA venues: lav doeumenrs, vldea, and audwo recordings, FOIA vequesl documents Dear Pubhc Access Counselor. lssu -0n Apnl IS, 2017 I made Iwo FOIA rcqucsh CBROCKMEIR. FOIA 0mm I'm lhe Clly ofCarlinville for documents, vldcos mmuxes, agendas as well as mher public mrormanun. Pleas: sec (he auaehed FOIA rcqucsls,~ [have no! recewduny revfmmex In any my mm requexl as u/Ihn dam Fin I)The nglu Io placc a Freedom of Information Au rcqucst as afforded by 5 ILCS 140/ 2; The can ofCarlmvillc .s Pubhc Body as defined by ILCS I'm and |s governed by |h15 Bu. 3) A pubhc body .5 mandmd lu respond \ulhin 5 days folk)ng lhax request and comply deny Hue requesx 4) The mm officer for 1h: Cily ofCarlInvillu has n01 responded l0 my requesxs 5) To mi: vcry dale, has been no response or records pmvided. 140/3 pan provides :aen pubhc body shall, euher comp), mm or deny a requeue Eur pursue records "mm 5 euunees dnye in receipt cf en. "qua-z, unless ene tune (or response rs properly extended under of em SecL)on Deninl uni) be in writing a. provided in Secuen 9 of this Act Paxlute to comply a wntten request, exeend ene tune for response. or deny :equese "(hm nusmess days after xecelpL shall be Conmdered a demd: of {he requ::t A pursue body char. and en xenpond ed . requeut winner the eequxnee perxedl in this Secexou but thyrelfler provided the "queue: with cap". 0: rcqueuted pumxe racotdu n.y nee impel: a (an ear and: contend A pubne bady mu: eo respond eo . received my use ere-e en. rlqucnz unduly burdannome under (g Smcercly, Rob. Ruben O, Boguc Fxhibil OFFICE OF THE ATTORNEY GENERAL STATE or Lisa Madigan ATTORNEY 025%] RM Via electronic mail Ms. Carla Brockmeier City Clerk City ofCarlinville 550 North Broad Carlinville. Illinois 62626 RE: l-?OlA Requests for Review 20]? PAC 47595. 47506 Requester: Bogue Date ot'FOlA Requests: April 15. 2017 Dear Ms. Brockmeier: The Public Access Bureau has received a Request for Review under section 95(3) ofthe Freedom of Information Act alleging that the City ofCarlinville has not responded to the FOIA requests listed above. Copies O?Bogues's requests and his Request for Review by this of?ce are attached. As required by section 9.5(c) of FQIA.2 please advise this of?ce within seven (7) business days whether you have received and responded to these requests. If you received but have not yet responded to these requests. please respond to the requester and provide copies of your responses to this of?ce. PrOper responses under section 3(a) of l-?OlA3 may resolve these matters. To the extent that the requests are denied. however. the requester may ?le a new Request for Review challenging any denial. '5 ?5 2014). 1Section 3(d) ofFOlA (5 {West 20 4)i requires a public body to either comply with or deny a request for public records within 5 business days alter its receipt ofthe request. unless the time for response is properly extended under subsection ol'this Section." Exhibit (I 500 South Second Street, Springfield. Illinois 62706 - 782-1090 735 -277t - i?ax 782-1046 .1000 - - Fax East Main, Carbondalc. 629m iota) 529-6403 - lax 529-6416 Ms. Carla Brockmcicr May 2, 2017 Page 2 Please contact me at (312) 814-8413 ifyou have questions or would like to discuss {his matter. Thank you. Very truly yours, 0erva JOSHUA JONES Supervising Attorney Public Access Bureau Enclosure cc: Via elccimm?c mm! 116 will receive letter only) OFF ICE. OF THE ATTORNEY GENERAL STATE OF ILLINOIS Lisa Madigan ATTORNEY GENERAL June 22, 2017 The Honorable Carla Brockmeier City Clerk City of Carlinville 550 North Broad Carlinville, Illinois 62626 RE: FOIA Requests for Review 2017 PAC 47595, 47596 Requester: Mr. Robert O. Boguc Date of FOIA Requests: April 15, 2017 SECOND REQUEST Dear Ms. Brockmeier: On May 2, 2017, the Public Access Bureau sent you the enclosed letter requesting a response pursuant to the above-referenced Requests for Review. As ofthc date ofthis letter, this office has not received a response. Please respond as soon as possible. If we do not receive your response, this of?ce may be compelled to conclude that the City of Carlinville has violated the Freedom oflnformation Act (FOIA) by failing to respond to Mr. Bogue's FOIA requests. Please contact me at (312) 814-3413 ifyou have questions or would like to discuss this matter. Thank you. Very trul yours, JOSHUA JONES Supervising Attomey Public Access Bureau Enclosure Exhibit 500 South Second Street. Spring?eld, Illinois 62706 - [217) 782-[090 - TTY: 7) 785 ?771 - Fax: 7112-7046 100 WestRandolph Street, Chicago, Illinois, 60601 - (312)814?3000 (312) 814-3374 Fax: (312}8l4-3806 1001 East Main. Carbondale, Illinois 62901 - {613) 529-6100 - (618) 529-6403 - Fax: {6181 529-6416 .Vls CJrla June 22, 2017 Page 2 cc Via alum Unit mm] Mr Roberlf) Bu uc Jones Joshua from: . Sent: April 15, 2017 13 PM To: com Subjm: FOIA requesi documenls, and audio recordings In accordanu wirli Act, i am requesting the following (min the Cily of Carlimilk: l, urall nolcsr video wuli audio. or audio recordings ol'all clccioral board for ilic pasi 6 monilis 2. Copies oi'all agcndas, and public ads) oi'ail Eicciorul Boirii meeting: for ilic pusi 6 monihs 3. Copies oi'all agendas, minuies. Video and fludlo recordings oi'ilie Llecmrul Board Mes/mg held Mr. pmulc office on or aboui 28 2016 (JUNE day/1v ihc 5mm" held a/ My same locallnn) and priur l0 Elermral [1007110va held iuicr same da) Eiccrronic capiu are rcqutsved. This is noi a commercial requesl. In evenl papers comes musi bi: provided I am be waived as ouilincd in Freedom of liifurmuiiun Acl as ihis a icqucsi for public informalion lhal IS \0 be shared publicly. iru walvcr 0| rm is run givtn |h:n I dn rcqucsl an cosl be provided prior in filling the l-'OlA requcsl The Freedom orinrorrnuiion Acl (FOIA) law requires a responsc union 5 business day: ii you urc noi lh: FOIA offich FOIA laws r:quucd that you immedialuly forward [his iequcsl lo [he FOIA Officer ll'you seek furlth rcgarding ibis requusl please do run licsiiai: io coniuci me in; ermall time limits as prescribed by Illinois Law Ruben o. Bogus 1 Exhibil