ELECTRONICALLY FILED 10/30/2017 12:29 PM 2017-CH-14441 CALENDAR: 02 PAGE 1 of 8 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. BOARD OF EDUCATION OF THE CITY OF CHICAGO, Defendant. ) ) ) ) ) ) ) ) ) ) COMPLAINT NOW COMES Plaintiff, BETTER GOVERNMENT ASSOCIATION, by its undersigned attorneys, LOEVY & LOEVY, and brings this suit to overturn Defendant BOARD OF EDUCATION OF THE CITY OF CHICAGO’s refusal, in willful violation of the Illinois Freedom of Information Act, to produce records showing the enrollment status of high school students. 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”). 5 ILCS 140/1. 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. 5 ILCS 140/1. 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 140/3. 4. Under FOIA Section 11(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.” ELECTRONICALLY FILED 10/30/2017 12:29 PM 2017-CH-14441 PAGE 2 of 8 PARTIES 5. Plaintiff BETTER GOVERNMENT ASSOCIATION is the FOIA requester in this case. 6. Defendant CPS is a public body located in Cook County, Illinois. SEPTEMBER 8 REQUEST 7. On September 8, 2017 BGA requested “documents sufficient to show the school enrollment status of every high school student along with their grade (such as ninth grade, tenth grade etc.) for each school year from SY2010-11 through SY 2016-17.” BGA also requested a list of all headers of all fields of all databases CPS uses to compile enrollment information. A true and correct copy is attached as Exhibit A. 8. CPS immediately sent an automated message seeking extension of five business days to respond. A true and correct copy is attached as Exhibit B. 9. Upon information and belief, the extension message was sent without any human review and/or was based on the volume of FOIA requests received by CPS and not on the subject matter of the particular request. -2- 10. On September 15, 2017, CPS denied the request asserting Section 3(g) of FOIA, the undue burden exemption. A true and correct copy is attached as Exhibit C. 11. In violation of FOIA Section 3(g), CPS failed to “extend to the person making the request an opportunity to confer with it in an attempt to reduce the request to manageable proportions” before invoking the exemption. In fact, CPS expressly refused to engage in the required process, instead insisting that BGA submit a new request. 12. BGA made multiple attempts to confer with CPS about the scope of the request and CPS failed to respond. ELECTRONICALLY FILED 10/30/2017 12:29 PM 2017-CH-14441 PAGE 3 of 8 COUNT I – SEPTEMBER 8 WILLFUL VIOLATION OF FOIA 13. The above paragraphs are incorporated by reference. 14. CPS is a public body under FOIA. 15. The records sought in BGA’s FOIA request are non-exempt public records of 16. CPA has willfully and intentionally violated FOIA by refusing to produce the CPS. requested records. 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. declare that CPS has violated FOIA; iii. order CPS to produce the requested records; iv. enjoin CPS from withholding non-exempt public records under FOIA; -3- v. enjoin CPS from taking extensions via automated response; vi. order CPS to pay civil penalties; vii. award Plaintiff reasonable attorneys’ fees and costs; viii. award such other relief the Court considers appropriate. RESPECTFULLY SUBMITTED, /s/ Matthew V. Topic ____________________________ ELECTRONICALLY FILED 10/30/2017 12:29 PM 2017-CH-14441 PAGE 4 of 8 Attorneys for Plaintiff BETTER GOVERNMENT ASSOCIATION Matthew Topic Joshua Burday LOEVY & LOEVY 311 North Aberdeen, 3rd Floor Chicago, IL 60607 312-243-5900 foia@loevy.com Atty. No. 41295 -4- Dear FOIA Officer, I am writing to make a request under the Freedom of Information Act (5 ILCS 140) for public records maintained by Chicago Public Schools: ELECTRONICALLY FILED 10/30/2017 12:29 PM 2017-CH-14441 PAGE 5 of 8 1) I am requesting documents sufficient to show the school enrollment status of every high school student along with their grade (such as ninth grade, tenth grade etc.) for each school year from SY2010-11 through SY2016-17. The data should also include the names of all schools from which those students graduated, transferred to, and/or dropped out. If they left CPS prior to completing their credits, please include information indicating whether they left the district for a non-CPS school or alternative school, a GED program, a job training program, homeschooling or any other destination along with the name of that destination, if applicable. Please note that I am not requesting any personally identifiable information, such as students' names or home addresses. However, I am seeking all other data the district keeps on students as part of this data set, including but not limited to, date of birth, home zip code, ethnicity or race and gender. 2) A list of all headers of all fields of all databases CPS uses to compile enrollment information of high school students in the district. As part of this request, I ask that you include a key defining the headers as well as any terms used within the data sets. I ask that you send me these records in the electronic format in which they are kept. If you feel any portion of this request is exempt from public scrutiny, please describe the precise nature of the portion being redacted, a written explanation of the specific statutory authority under which you are doing so, and provide that portion of the request not in dispute. Should you have any questions, concerns or problems with this request, please contact me at the phone numbers or email provided below. As this request is made in my capacity as a journalist, time is of the utmost concern. Exhibit A Thank you for your prompt attention to this matter. Sincerely, ELECTRONICALLY FILED 10/30/2017 12:29 PM 2017-CH-14441 PAGE 6 of 8 Kiannah Sepeda-Miller Investigator Better Government Association 223 W. Jackson Blvd., Suite 300 Chicago, IL 60606 312-821-9027 (W) 303-990-1424 (C) ksepeda@bettergov.org FOIA Request N003484-090817 Inbox .5. Chicago Public Schools FOIA Center Sep 8 4s to me Dear Kiannah: LuThank you "or 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: Yu have requested the following records: I am writing to make a request under the Freedom of Information Act (5 ILCS 140) for public records maintained by Chicago Public Schools. 1) I am requesting documents sufficient to ow the a chool enrollment status of every high school student along with their grade (such as ninth grade, tenth grade etc.) for each school year from SY2010- 11 through SY2016- 17. The data should also include the names schools from which those students graduated, transferred to, andlor dropped out. If they left CPS prior to completing their credits, please include information indicating whether they left the district for a non-CPS school g??iatwe school, a GED program, a job training program, homeschooling or any other destination along with the name of that destination, if applicable. Please note that I am not requesting any personally identifiable L?ion, such as students' names or home addresses. However, I am seeking all other data the district keeps on students as part of this data set, including but not limited to, date of birth, home zip code, ethnicity or race ?g tinder. 2) A list of all headers of all fields of all databases CPS uses to compile enrollment information of high school students in the district. As part of this request, I ask that you include a key defining the headers as %l :Eny terms used within the data sets. I ask that you send me these records In the electronic format in which they are kept. If you feel any portion of this request is exempt from public scrutiny, please describe the as ature of the portion being redacted, a written explanation of the specific statutory authority under which you are doing so, and provide that portion of the request not In dispute. Should you have any questions, ?nes or problems with this request, please contact me at the phone numbers or email provided below. As this request Is made in my capacity as a journalist, time Is of the utmost concern. Thank you for your prompt ion to this matter. ehicago PL blic Schools (CPS) responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA). 5 ILCS 140/1 et seq. LECTRONICALLY FILE Lu Due to the high volume of FOIA requests received by CPS. we are unable to ful?ll your request within 5 business days. Section 3(e)(vi) of FOIA permits CPS to extend the response time to 10 business days if a request cannot be ful?lled in 5 business days without unduly burdening or interfering with the operations of the District. We hereby extend the response time to your FOIA request to 10 business days in accordance with 5 ILCS If further time is needed to assemble and copy all documents responsive to your FOIA request, we will contact you with a time estimate and a request to extend. Upon the completion of a response. CPS will provide the ?rst 50 pages to you at no charge. If a response is more than 50 pages. a fee of 15? per page will be charged for each additional page. Copies of video recordings have a fee of $48. All appiicabie fees must be paid prior to the copying. 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. Exhibit Non-Commercial FOIA Request N003484-090817 Inbox 6 Chicago Public Schools FOIA Center