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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.
CITY OF CHICAGO DEPARTMENT
OF BUILDINGS, CITY OF CHICAGO
MAYOR’S OFFICE,
Defendants.

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COMPLAINT

Plaintiff BETTER GOVERNMENT ASSOCIATION (“BGA”), through its attorneys
Loevy & Loevy, files this Freedom of Information Act lawsuit to force CITY OF CHICAGO
DEPARTMENT OF BUILDINGS (“CDOB”) to provide database records and other records
about elevator inspections, including at Chicago Housing Authority buildings in which seniors
have been repeatedly and dangerously left without elevator service. CDOB has denied the
requests because it believes there is not enough public interest in these records to require CDOB
to undertake the work to produce them. More broadly, this case involves a pattern and practice
by the City of Chicago of using unfounded burden claims to avoid producing database records
that would allow the public to assess the validity of claims being made by City officials.
INTRODUCTION
1.

Under the Freedom of Information Act, “it is the public policy of the State of

Illinois that access by all persons to public records promotes the transparency and accountability
of public bodies at all levels of government. It is a fundamental obligation of government to

 operate openly and provide public records as expediently and efficiently as possible in
compliance with this Act.” 5 ILCS 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.
PARTIES
3.

Plaintiff BGA is the FOIA requester in this case.

4.

Defendant CDOB is a public body and denied the re quests at issue.

5.

Defendant MAYOR’S OFFICE is a public body and participated in or directed

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the decision to deny the requests at issue.
THE REQUESTS AND DENIALS
6.

On December 1, 2017, BGA requested from CDOB under FOIA: (1) A copy of

the complete database or databases of annual elevator inspections conducted by city inspectors
and private inspectors hired through the Annual Inspection Certification Program; and (2) a
record layout, data dictionary, or any records related to the elevator inspections database or
databases that show clarifying information, including but not necessarily limited to field names,
descriptions and any definitions of any unique identifiers or codes used. A true and correct copy
of the requests and responses at issue in this case is attached as Group Exhibit A.
7.

After taking an extension of time to respond, CDOB claimed that the request was

unduly burdensome solely because it did not include a time period.
8.

In response, BGA specified a time period, but CDOB again claimed that the

request was unduly burdensome.

2

 9.

With regard to the first part of the request, CDOB claimed that it would take 28

hours to write the necessary database queries. According to CDOB, there is not enough public
interest in disclosure of elevator inspection records to warrant 28 hours of work.
10.

With regard to the second part of the request, CDOB claims that it has no record

layout, data dictionary, or any other record that shows any field names, descriptions, or
definitions of any unique identifiers or codes used in the database.
11.

After receiving the response, BGA attempted to confer with CDOB, but CDOB

declined to make an IT person available to speak with BGA about the request or to identify the
fields of data that are stored in the databases.

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12.

On January 12, 2018, BGA made another FOIA request for: (1) A copy of the

complete database or databases of annual elevator inspections conducted by city inspectors and
private inspectors hired through the Annual Inspection Certification Program from December 1,
2017, to December 31, 2017; and (2) A copy of all elevator inspection records in the database or
databases for the elevators at 6400 N. Sheridan Road.
13.

The address 6400 N. Sheridan is the Caroline Hedger Apartments building, which

houses senior citizens. Firefighters were dispatched 38 times to release elevator doors at that
address in the four years ending in 2017.
14.

With regard to the first part of the January 12 request, CDOB produced two Excel

spreadsheets.
15.

Upon information and belief, CDOB possesses additional data responsive to the

first part of the request that it did not produce, including at least inspector names and notes.
16.

With regard to the second part of the request, CDOB claimed that the request was

unduly burdensome solely because it did not include a time period.

3

 17.

According to CDOB, there is insufficient public interest in disclosure of records

of inspection of elevators at a senior-citizen home with repeated elevator problems to justify the
work required to produce those records.
18.

On February 8, 2018, BGA requested copies of emails or correspondence to and

from CDOB’s FOIA Officer containing the terms “elevator,” “database,” “BGA,” Better
Government Association,” or “Alejandra” (the first name of the BGA investigator who made the
request) over an approximately two-month period.
19.

After taking an extension of time to respond, CDOB produced responsive records

but withheld or redacted records based on the deliberative process exemption under FOIA

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Section 7(1)(f) and others based on Section 7.5(h) and the State Officials and Employees Ethics
Act.
THE CITY’S BAD FAITH IN RESPONDING TO THE REQUESTS
20.

As shown by at least the following allegations, which are primarily based on

emails that CDOB has produced to BGA in response to the February 8 request, CDOB, with the
participation and approval of, and possible direction by the Mayor’s Office, did not respond to
the requests in good faith, and willfully and intentionally violated FOIA, beginning with its very
first communication to BGA about any of these requests and continuing throughout the process.
21.

At the time CDOB took an extension of time to respond to the first request at

issue, it had already developed a “strategy” to respond, which consisted of (1) taking an
extension, and (2) after that extension ended, asserting that the request was unduly burdensome
solely because it had no time limitation. There is no reason CDOB could not have made its
undue burden response at the time of the extension or earlier, and thus, CDOB delayed
responding to the request on the merits through an unfounded extension. The General Assembly
clearly dictated in the FOIA statute that “[i]t is a fundamental obligation of government to
4

 operate openly and provide public records as expediently and efficiently as possible in
compliance with this Act.” Upon information and belief, CDOB’s FOIA Officer was aware of
this language at the time this strategy was developed and implemented.
22.

In asserting the undue burden provision after the extension ran out, CDOB failed

to specify “the extent to which compliance will so burden the operations of the public body,”
cited only the lack of a time period as a basis, and did not explain how the time period of the
request would impact the work required to extract the data from a database. Upon information
and belief, CDOB’s FOIA Officer was aware of this statutory language at the time of the undue
burden response.

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23.

According to a City IT official, BGA’s first request could be complied with, but

was “so large and so stupid” that the official believed CDOB was not required to comply. The
same official explained in an email to CDOB’s FOIA officer exactly how the data could be
queried, that it would require only three queries, and that it would take only three-to-four days,
but she didn’t “have that kind of time.” The General Assembly stated in the FOIA statute that it
“recognizes that this Act imposes fiscal obligations on public bodies to provide adequate staff
and equipment to comply with its requirements. The General Assembly declares that providing
records in compliance with the requirements of this Act is a primary duty of public bodies to the
people of this State, and this Act should be construed to this end, fiscal obligations
notwithstanding.” Upon information and belief, CDOB’s FOIA Officer was aware of this
statutory language at the time of the undue burden response and was aware that a request cannot
be denied on the basis that it was believed by the government to be too “stupid.”
24.

That same City IT official, in response to a question from CDOB’s FOIA officer

about the work involved in responding to another of the requests, said that CDOB should instead

5

 have a CDOB IT staff member provide a “guess.” Upon information and belief, CDOB’s FOIA
Officer was aware at the time of the undue burden response to this request that the FOIA statute
does not allow a public body to “guess” about the burden of responding.
25.

CDOB has also vastly overstated the work involved to run the database queries

required to respond to the requests. It is not difficult to export all of the data from a database.
The relevant CDOB data is stored in Oracle databases. Multiple resources on the Internet
contain instructions for how to export all tables in an Oracle database into a .csv or other
common

file

format.

See,

e.g.,

http://www.oracle.com/webfolder/technetwork/tutorials/obe/db/sqldev/r30/SQLdev3.0_Import_

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Export/sqldev3.0_import_export.htm?print=preview#t6. Thus, there was no good-faith basis for
CDOB to deny the request based on burden, and CDOB’s time estimate had no good-faith
factual basis.
26.

With regard to the request for records about 6400 N. Sheridan, CDOB viewed and

took screen shots from its database showing when inspections were performed for 6400 N.
Sheridan, even though CDOB told BGA that it was unduly burdensome to gather and produce
that data. A CDOB official also explained to CDOB’s FOIA Officer that the 2016 inspection
was available in a specific database and that there was no 2017 inspection, and exported
responsive records to an Excel spreadsheet for the FOIA Officer, none of which was disclosed or
produced to BGA.
27.

Despite contending that it was unduly burdensome to respond to BGA’s requests,

no less than nine City officials attended, or were scheduled to attend, a conference call to discuss
BGA’s FOIA requests, including the CDOB Commissioner, CDOB Deputy Commissioner,
CDOB Managing Deputy Commissioner, the head of communications for the Law Department, a

6

 CDOB Staff Assistant, and others. Other City officials that have been involved in the handling
or review of BGA’s requests or CDOB’s response include the Mayor’s Deputy Chief of Staff,
the Director of Public Affairs for CDOB, an Assistant to the Mayor, an Assistant Press Secretary
to the Mayor, a Deputy Press Secretary to the Mayor, and others.
28.

In the course of developing responses to BGA’s FOIA request, one or more

CDOB and Mayor’s Office officials were aware of and considered the public relations
ramifications of what the requested data would show and discussed “talking points” about it.
29.

With regard to at least one of the BGA requests, approval of CDOB’s response

was required from the Mayor’s Deputy Chief of Staff, even though CDOB’s FOIA Officer is

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charged by statute with issuing responses to FOIA requests.
30.

In the course of formulating a response to the requests, a Mayor’s Office official

stated that if BGA was unhappy with the response, it “can go to the PAC,” meaning the Public
Access Counselor. Because there are no civil penalties or other financial consequences to a
public body when the PAC finds a FOIA violation, upon information and belief, CDOB’s
response was in part based on the belief that the most that could happen from a violation is that
the PAC would ask CDOB to comply with the request.
COUNT I – VIOLATION OF FOIA – DECEMBER 1 REQUESTS
31.

The above paragraphs are incorporated by reference.

32.

CDOB is a public body under FOIA in possession of public records responsive to

the request.
33.

CDOB has not produced records responsive to the request and those records are

not exempt under FOIA.
34.

There is a public interest in determining whether CDOB is ensuring that elevators

are being properly maintained and inspected.
7

 35.

Lack of access to records responsive to these requests negatively impacts the

public’s ability to hold CDOB accountable for ensuring that elevators are being properly
maintained and inspected.
36.

The public interest in disclosure exceeds the burden that CDOB claims to be

required to comply with these requests.
37.

The burden of complying with these requests is less than CDOB has stated.

38.

CDOB did not conduct an adequate search for records responsive to the portion of

the request for which CDOB produced records and did not produce all responsive records.

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COUNT II – VIOLATION OF FOIA – JANUARY 12 REQUESTS
39.

The above paragraphs are incorporated by reference.

40.

CDOB is a public body under FOIA in possession of public records responsive to

the request.
41.

CDOB has not produced records responsive to the request and those records are

not exempt under FOIA.
42.

There is a public interest in determining whether CDOB is ensuring that elevators

are being properly maintained and inspected.
43.

Lack of access to records responsive to these requests negatively impacts the

public’s ability to hold CDOB accountable for ensuring that elevators are being properly
maintained and inspected.
44.

The public interest in disclosure exceeds the burden that CDOB claims to be

required to comply with these requests.
45.

The burden of complying with these requests is less than CDOB has stated.

8

 COUNT III – VIOLATION OF FOIA – FEBRUARY 8 REQUEST
46.

The above paragraphs are incorporated by reference.

47.

CDOB is a public body under FOIA in possession of public records responsive to

the request.
48.

CDOB has not produced records responsive to the request and those records are

not exempt under FOIA.
49.

Upon information and belief, at least one withheld portion of the responsive

records contains purely factual information that was not produced.
50.

Upon information and belief, at least one portion of at least one record that was

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redacted or withheld pursuant to the deliberative process exemption contains factual information
that was not produced.
51.

Upon information and belief, at least one portion of at least one record that was

redacted or withheld pursuant to the deliberative process exemption contains to, from, cc, date,
and subject line information that was not produced.
52.

CDOB is not a local inspector general’s office.

53.

Records in the possession of the City are not records of the Cook County

Inspector General, and so that exemption cannot apply.
COUNT IV – WILLFUL VIOLATIONS
54.

The above paragraphs are incorporated by reference.

55.

CDOB willfully and intentionally violated FOIA and otherwise acted in bad faith

in responding to the requests.
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
9

 this case for hearing and trial at the earliest practicable date, and expedite this
case in every way;
ii.

order the Defendant to produce the requested records redacting only the material
that is exempt;

iii.

enjoin the Defendant from withholding non-exempt public records under FOIA;

iv.

order the Defendant to pay civil penalties;

v.

award Plaintiff reasonable attorneys’ fees and costs; and

vi.

award such other relief the Court considers appropriate.

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RESPECTFULLY SUBMITTED,
/s/ Matthew V. Topic
____________________________
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

10

  Alejandra Cancino 
Reporter 
Better Government Association 
223 W. Jackson Blvd., Ste 300 
Chicago, IL 60606 
City of Chicago        
Department of Buildings        
Freedom of Information Officer  
121 N. LaSalle Street, Room 900 
Chicago, IL 60607 
December 1, 2017 

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Dear FOIA Officer,  
This is a request for public records under the Illinois Freedom of Information Act. Please make 
available for my inspection on Friday Dec. 8, the following public records in 
the office’s possession, custody or control: 
1. A copy of the complete database or databases of annual elevator inspections conducted by city
inspectors and by private inspectors hired through the Annual Inspection Certification Program.
Please include all information in the database or databases.
2. A record layout, data dictionary, or any records related to the elevator inspections database or
databases that show clarifying information, including but not necessarily limited to field names,
descriptions and any definitions of any unique identifiers or codes used.
Please provide the records in the electronic format in which they are maintained. If it is not feasible to 
furnish the public records in an electronic format then please contact me so we can discuss how you can 
furnish these documents. 
As this request is made in my capacity as a journalist, time is of the utmost concern. If you feel 
any portion of this request is exempt from public scrutiny, please make available that portion 
not in dispute and specify the records being withheld and the specific statutory authority under 
which you are doing so. I am happy to make myself available at your convenience to discuss any 
questions or concerns you may have, and to help expedite this process.  
Thank you for your assistance, 
Alejandra Cancino 
312.821.9037 
acancino@bettergov.org 

Group Exhibit A
1

 DEPARTMENT OF BUILDINGS

CITY OF CHICAGO
December 7, 2017
Alejandra Cancino
Better Government Association
223 W. Jackson Blvd., Ste 300
Chicago, IL 60606

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Dear Ms. Cancino:
On behalf of the City of Chicago Department of Buildings, I am responding to your Freedom of
Information Act (“FOIA”) request dated December 1st, 2017. At this time, I am seeking an
extension of five additional working days to respond to the request for one or more of the following
reasons identified in 5 ILCS 140/3(e) of FOIA:
( ) the requested records are stored in whole or in part at other locations than the office having
charge of the requested records;
( ) the request requires the collection of a substantial number of specified records;
( ) the request is couched in categorical terms and requires an extensive search for the records
responsive to it;
( ) the requested records have not been located in the course of routine search and additional efforts
are being made to locate them;
( ) the requested records require examination and evaluation by personnel having the necessary
competence and discretion to determine if they are exempt from disclosure under Section 7 of the
FOIA or should be revealed only with appropriate deletions;
( ) the request for records cannot be complied with by the public body within the time limits
prescribed by 5 ILCS 140/3(d) without unduly burdening or interfering with the operations of the
public body;
( x ) there is need for consultation, which shall be conducted with all practicable speed, with
another public body or among two or more components of a public body having a substantial
interest in the determination or in the subject matter of the request.
Sincerely,

Christopher Lynch
FOIA Officer
Department of Buildings

2

 DEPARTMENT OF BUILDINGS

CITY OF CHICAGO
December 14, 2017
Alejandra Cancino
Reporter
Better Government Association
Via email: acancino@bettergov.org

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Dear Ms. Cancino:
On behalf of the City of Chicago Department of Buildings, I am responding to your Freedom of
In or ation Act
IA re uest or received by this office on December 1st, 2017, and for which
a five day notice was requested beginning on December 8th, and which is now being answered in a
timely fashion. In your request you asked for the following:
“
1. A copy of the complete database or databases of annual elevator inspections conducted by city
inspectors and by private inspectors hired through the Annual Inspection Certification Program.
Please include all information in the database or databases.
2. A record layout, data dictionary, or any records related to the elevator inspections database or
databases that show clarifying information, including but not necessarily limited to field names,
descriptions and any definitions of any unique identifiers or codes used…”
The FOIA provides in 5 ILCS 140/3(g), that requests for all records falling within a category shall
be complied with unless compliance with the request would be unduly burdensome for the
complying body and there is no way to narrow the request and the burden on the public body
outweighs the public interest in the information.
In your request, you did not set a time frame. In order begin to answer such a request, a time frame
needs to be established. As written currently, your request is open-ended.
Thereby, as your FOIA request is currently written, the dedication of staff and/or resources is
unduly burdensome on the daily operations of the City of Chicago Department of Buildings.
Therefore, it is necessary for your request to be narrowed. If you would like assistance in
narrowing your request, please contact me and I will assist you. Otherwise, as explained above, we
will be unable to respond to your current request.
If you agree to narrow your request, you must submit a revised written request to my attention. The
Department of Buildings will take no further action or send you any further correspondence unless
and until your current request is narrowed in writing. If we do not receive your narrowed request
within fourteen (14) calendar days of the date of this letter, your current request will be denied.
In the event that we do not receive a narrowed request and your current FOIA request is therefore

3

 denied, you will have a right of review by the Illinois Attorney General’s Public Access Counselor,
who can be contacted at 500 S. Second St., Springfield, IL 62706 or by telephone at (877) 299FOIA. You may also seek judicial review of a denial under 5 ILCS 140/11 of FOIA.
Sincerely,

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Christopher Lynch
FOIA Officer
Department of Buildings

4

 DEPARTMENT OF BUILDINGS

CITY OF CHICAGO
December 22, 2017
Alejandra Cancino
Better Government Association
223 W. Jackson Blvd., Ste 300
Chicago, IL 60606
Dear Ms. Cancino:

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On behalf of the City of Chicago Department of Buildings, I am responding to your Freedom of
Information Act (“FOIA”) request dated December 18th, 2017. At this time, I am seeking an
extension of five additional working days to respond to the request for one or more of the following
reasons identified in 5 ILCS 140/3(e) of FOIA:
( ) the requested records are stored in whole or in part at other locations than the office having
charge of the requested records;
( ) the request requires the collection of a substantial number of specified records;
( ) the request is couched in categorical terms and requires an extensive search for the records
responsive to it;
( ) the requested records have not been located in the course of routine search and additional efforts
are being made to locate them;
( ) the requested records require examination and evaluation by personnel having the necessary
competence and discretion to determine if they are exempt from disclosure under Section 7 of the
FOIA or should be revealed only with appropriate deletions;
( ) the request for records cannot be complied with by the public body within the time limits
prescribed by 5 ILCS 140/3(d) without unduly burdening or interfering with the operations of the
public body;
( x ) there is need for consultation, which shall be conducted with all practicable speed, with
another public body or among two or more components of a public body having a substantial
interest in the determination or in the subject matter of the request.
Sincerely,

Christopher Lynch
FOIA Officer
Department of Buildings

5

 DEPARTMENT OF BUILDINGS

CITY OF CHICAGO
January 3rd, 2018
Alejandra Cancino
Reporter
Better Government Association
Via email: acancino@bettergov.org

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Dear Ms. Cancino:
On behalf of the City of Chicago Department of Buildings, I am responding to your Freedom of
Information Act (“FOIA”) request for received by this office on December 18st, 2017, and because
of the Christmas holiday a five day notice was requested beginning on December 26thth, and due to
the New Year’s holiday on January 1st, 2018, is now being answered in a timely fashion. In your
request you asked for the following:
“…Please provide the records from the year the database was created to December 18, 2017.”
This was the time frame that you requested, regarding your previous FOIA request, which I you
had narrowed. That request was for the following:
“…
1. A copy of the complete database or databases of annual elevator inspections conducted by city
inspectors and by private inspectors hired through the Annual Inspection Certification Program.
Please include all information in the database or databases.
2. A record layout, data dictionary, or any records related to the elevator inspections database or
databases that show clarifying information, including but not necessarily limited to field names,
descriptions and any definitions of any unique identifiers or codes used…”
The FOIA provides in 5 ILCS 140/3(g), that requests for all records falling within a category shall
be complied with unless compliance with the request would be unduly burdensome for the
complying body and there is no way to narrow the request and the burden on the public body
outweighs the public interest in the information.
The Hansen database that the city uses is not like an Excel sheet where one can search for
information easily. In fact in order to find the range of information you are requesting, a computer
technician has to write programs to query for each category of information requested. For example,
a program would have to be written to query for violations. Then another query would have to be
written for inspections, etc. The bits of information for violations, as an example, are in the
millions.

6

 Also, some of this information is in Hansen 7, while more recent data is stored in Hansen 8. Not all
the data has been migrated over to Hansen 8, so queries would have to be written for both Hansen 7
and Hansen 8 to extract such information. For such a scenario, a dedicated computer technician
would have to spend about 28 hours, or 4 business days, (7 hours=1 business day) to do so. Then,
that technician would have to consult with an elevator expert to create a data dictionary, as the
categories that the information is stored in is technical in nature, and whose meaning is not readily
apparent to the average person.
Thereby, as your FOIA request is currently written, the dedication of staff and/or resources is
unduly burdensome on the daily operations of the City of Chicago Department of Buildings.
Therefore, it is necessary for your request to be narrowed. If you would like assistance in
narrowing your request, please contact me and I will assist you. Otherwise, as explained above, we
will be unable to respond to your current request.

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If you agree to narrow your request, you must submit a revised written request to my attention. The
Department of Buildings will take no further action or send you any further correspondence unless
and until your current request is narrowed in writing. If we do not receive your narrowed request
within fourteen (14) calendar days of the date of this letter, your current request will be denied.
In the event that we do not receive a narrowed request and your current FOIA request is therefore
denied, you will have a right of review by the Illinois Attorney General’s Public Access Counselor,
who can be contacted at 500 S. Second St., Springfield, IL 62706 or by telephone at (877) 299FOIA. You may also seek judicial review of a denial under 5 ILCS 140/11 of FOIA.
Sincerely,

Christopher Lynch
FOIA Officer
Department of Buildings

7

  Alejandra Cancino 
Reporter 
Better Government Association 
223 W. Jackson Blvd., Ste 300 
Chicago, IL 60606 
City of Chicago        
Department of Buildings        
Freedom of Information Officer  
121 N. LaSalle Street, Room 900 
Chicago, IL 60607 
January 12, 2018 

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Dear FOIA Officer, 
This is a request for public records under the Illinois Freedom of Information Act. Please make 
available for my inspection on Jan. 22, the following public records in 
the office’s possession, custody or control: 
1. A copy of the complete database or databases of annual elevator inspections conducted by city
inspectors and by private inspectors hired through the Annual Inspection Certification Program
from December 1, 2017 to December 31, 2017. Please include all information in the database or
databases.
2. A copy of all elevator inspection records in the database or databases for the elevators at 6400
N Sheridan Road.
Please provide the records in the electronic format in which they are maintained. If it is not feasible to 
furnish the public records in an electronic format then please contact me so we can discuss how you can 
furnish these documents. 
As this request is made in my capacity as a journalist, time is of the utmost concern. If you feel 
any portion of this request is exempt from public scrutiny, please make available that portion 
not in dispute and specify the records being withheld and the specific statutory authority under 
which you are doing so. I am happy to make myself available at your convenience to discuss any 
questions or concerns you may have, and to help expedite this process.  
Thank you for your assistance, 
Alejandra Cancino 
312.821.9037 
acancino@bettergov.org 

8

 DEPARTMENT OF BUILDINGS

CITY OF CHICAGO
January 22, 2018
Alejandra Cancino
Reporter
Better Government Association
Via email: acancino@bettergov.org

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Dear Ms. Cancino:
On behalf of the City of Chicago Department of Buildings, I am responding to your Freedom of
Information Act (“FOIA”) request on January 12, 2018. At this time, I am seeking an extension of
five additional working days to respond to the request for one or more of the following reasons
identified in 5 ILCS 140/3(e) of FOIA:
( ) the requested records are stored in whole or in part at other locations than the office having
charge of the requested records;
( ) the request requires the collection of a substantial number of specified records;
( ) the request is couched in categorical terms and requires an extensive search for the records
responsive to it;
( ) the requested records have not been located in the course of routine search and additional efforts
are being made to locate them;
( ) the requested records require examination and evaluation by personnel having the necessary
competence and discretion to determine if they are exempt from disclosure under Section 7 of the
FOIA or should be revealed only with appropriate deletions;
( ) the request for records cannot be complied with by the public body within the time limits
prescribed by 5 ILCS 140/3(d) without unduly burdening or interfering with the operations of the
public body;
(x) there is need for consultation, which shall be conducted with all practicable speed, with another
public body or among two or more components of a public body having a substantial interest in the
determination or in the subject matter of the request.

Sincerely,

Christopher Lynch
FOIA Officer
Department of Buildings

9

 DEPARTMENT OF BUILDINGS

CITY OF CHICAGO
January 29, 2018
Alejandra Cancino
Reporter
Better Government Association
Via email: acancino@bettergov.org
Dear Ms. Cancino:

ELECTRONICALLY FILED
6/1/2018 12:05 PM
2018-CH-06995
PAGE 20 of 25

On behalf of the City of Chicago Department of Buildings, I am responding to your Freedom of
Information Act (“FOIA”) request for received by this office on January 12, 2018, and because of
the Martin Luther King holiday, a five day notice was requested beginning on January 22nd, 2018,
is now being answered in a timely fashion. In your request you asked for the following:
“…1. A copy of the complete database or databases of annual elevator inspections conducted by
city inspectors and by private inspectors hired through the Annual Inspection Certification
Program from December 1, 2017 to December 31,2017. Please include all information in the
database or databases.
2. A copy of all elevator inspection records in the database or databases for the elevators at 6400
N Sheridan Road…”
For Item #1, the data you requested is attached to this correspondence.
The FOIA provides in 5 ILCS 140/3(g) that requests for all records falling within a category shall
be complied with unless compliance with the request would be unduly burdensome for the
complying public body and there is no way to narrow the request and the burden on the public
body outweighs the public interest in the information.
Item #2 of your request is burdensome. Parameters that would assist DOB in providing
information regarding elevators would be the following: (1) a timeframe.
Thus, it is necessary that your request for Item #2 to be narrowed. If you would like assistance in
narrowing, please contact me, and I will assist you. Otherwise, as explained above, DOB will be
unable to respond to your request.
If you agree to narrow your request, you must submit a revised written request to my attention.
DOB will take no further action or send you any further correspondence unless and until your
current request is narrowed in writing. If we do not receive your narrowed FOIA request within
fourteen (14) calendar days of the date of this letter, you current request will be denied.
In the event that we do not receive a narrowed request and your current FOIA request is therefore
denied, you will have a right of review by the Illinois Attorney General’s Public Access Counselor,
who can be contacted at 500 S. Second St., Springfield, IL 62706 or by telephone at (877) 29910
FOIA. You may also seek judicial review of a denial under 5 ILCS 140/11 of FOIA.

 Sincerely,

ELECTRONICALLY FILED
6/1/2018 12:05 PM
2018-CH-06995
PAGE 21 of 25

Christopher Lynch
FOIA Officer
Department of Buildings

11

 Alejandra Cancino
Reporter
Better Government Association
223 W. Jackson Blvd., Ste 300
Chicago, IL 60606
Christopher Lynch
FOIA Officer
City of Chicago
Department of Buildings
Freedom of Information Officer
121 N. LaSalle Street, Room 900
Chicago, IL 60607
February 8, 2018

ELECTRONICALLY FILED
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2018-CH-06995
PAGE 22 of 25

Dear Mr. Lynch,
This is a request for public records under the Illinois Freedom of Information Act. Please make
available for my inspection on Thursday February 15, the following public records in
the office’s possession, custody or control:
1. Emails or correspondence to and from Christopher Lynch and where Christopher Lynch is cc’ed
that include the terms: “elevator” “database” “BGA” “Better Government Association” or
“Alejandra” from December 1, 2017 to February 8, 2018.
Please provide the records in the electronic format in which they are maintained. If it is not feasible to
furnish the public records in an electronic format then please contact me so we can discuss how you can
furnish these documents.
As this request is made in my capacity as a journalist, time is of the utmost concern. If you feel
any portion of this request is exempt from public scrutiny, please make available that portion
not in dispute and specify the records being withheld and the specific statutory authority under
which you are doing so. I am happy to make myself available at your convenience to discuss any
questions or concerns you may have, and to help expedite this process.
Thank you for your assistance,
Alejandra Cancino
312.821.9037
acancino@bettergov.org

12

 DEPARTMENT OF BUILDINGS

CITY OF CHICAGO
February 15, 2018
Alejandra Cancino
Better Government Association
223 W. Jackson Blvd., Ste 300
Chicago, IL 60606

ELECTRONICALLY FILED
6/1/2018 12:05 PM
2018-CH-06995
PAGE 23 of 25

Dear Ms. Cancino:
On behalf of the City of Chicago Department of Buildings, I am responding to your Freedom of
Information Act (“FOIA”) request dated February 8, 2018. At this time, I am seeking an extension
of five additional working days to respond to the request for one or more of the following reasons
identified in 5 ILCS 140/3(e) of FOIA:
( ) the requested records are stored in whole or in part at other locations than the office having
charge of the requested records;
( ) the request requires the collection of a substantial number of specified records;
( ) the request is couched in categorical terms and requires an extensive search for the records
responsive to it;
( ) the requested records have not been located in the course of routine search and additional efforts
are being made to locate them;
( ) the requested records require examination and evaluation by personnel having the necessary
competence and discretion to determine if they are exempt from disclosure under Section 7 of the
FOIA or should be revealed only with appropriate deletions;
( ) the request for records cannot be complied with by the public body within the time limits
prescribed by 5 ILCS 140/3(d) without unduly burdening or interfering with the operations of the
public body;
( x ) there is need for consultation, which shall be conducted with all practicable speed, with
another public body or among two or more components of a public body having a substantial
interest in the determination or in the subject matter of the request.
Sincerely,

Christopher Lynch
FOIA Officer
Department of Buildings

13

 DEPARTMENT OF BUILDINGS

CITY OF CHICAGO
February 23, 2018
Alejandra Cancino
Reporter
Better Government Association
Via email: acancino@bettergov.org

ELECTRONICALLY FILED
6/1/2018 12:05 PM
2018-CH-06995
PAGE 24 of 25

Dear Ms. Cancino:
On behalf of the City of Chicago Department of Buildings, I am responding to your Freedom of
Information Act (“FOIA”) request for received by this office on February 8, 2018,with a five day
extension requested on February 15, 2018, and due to the President’s Holiday on February 19, 2018
is now being answered in a timely fashion. In your request you asked for the following:
“…Emails or correspondence to and from Christopher Lynch and where Christopher Lynch is
cc'ed that include the terms "elevator" "database" "BGA" "Better Government Association" or
"Alejandra" from December 1, 2018 to February 8, 2018…”
The records you requested are attached to this correspondence.
Please note that certain materials have been withheld as they are exempt under
Section 7( 1)( f) of the Freedom of Information Act ( 5 ILCS 140/ 7( 1)(f)) :
(f) Preliminary drafts, notes, recommendations, memoranda and other records in which opinions
are expressed, or policies or actions are formulated, except that a specific record or relevant
portion of a record shall not be exempt when the record is publicly cited and identified by the head
of the public body. The exemption provided in this paragraph (f) extends to all those records of
officers and agencies of the General Assembly that pertain to the preparation of legislative
documents.
5 ILCS 140/7(1)(f). The U.S. Supreme Court has determined that the deliberative process
exemption under FOIA focuses on documents that reflect “advisory opinions, recommendations
and deliberations comprising part of a process by which governmental decisions and policies are
formulated.” NLRB v. Sears and Roebuck, 421 U.S. 132, 150-151 (1975). The purpose is to
encourage “frank discussion of legal or policy matters” such that employees in government feel
free to express their opinions before a final legal or policy decision is made. “Deliberative” has
been found to mean being a direct part of the process where recommendations and opinions are
expressed. Vaughn v. Rosen, 523 F.2d 1136, 1143-44 (D.C. Cir. 1975). The information and
records that have been redacted and withheld under this section include preliminary
recommendations, discussions, and opinions. This material is internal communications with
impressions and options regarding how to handle or accomplish specific matters. Such materials are
exempt pursuant to Section 7(1)(f), and are therefore properly redacted or withheld.
Additional records you seek are exempt from production under FOIA. The Illinois State Officials
and Employees Ethics Act, 5 ILCS 430/1-1, et seq., provides that “[a]ll investigatory files and
14

 reports of the Office of an Executive Inspector General, other than monthly reports required under
Section 20-85, are confidential, are exempt from disclosure under the Freedom of Information Act,
and shall not be divulged to any person or agency[.]” The statute then lists certain exceptions to
that rule, not applicable here. 5 ILCS 430/20-95(d). Section .5 of FOIA exempts “information the
disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of
any la fully created State or local inspector general’s office that ould be exempt if created or
obtained by an xecutive Inspector eneral’s office under that Act.” 5 ILCS 140/7.5(h). Because
the records you seek are reports and investigative files of the Cook County Inspector General,
which would be exempt if created by an Executive Inspector General, they are exempt from
production under FOIA.
To the extent that you consider this a denial of your FOIA request, you have a right of review by
the Illinois Attorney eneral’s Public Access ounselor, ho can be contacted at 500 S. Second
St., Springfield IL 62706 or by telephone at (217)558-0486. You may also seek judicial review of
a denial under 5 ILCS 140/11 of FOIA.
Sincerely,

ELECTRONICALLY FILED
6/1/2018 12:05 PM
2018-CH-06995
PAGE 25 of 25

Christopher Lynch
FOIA Officer
Department of Buildings

15

 Summons - Alias Summons

(12/31/15) CCG N001

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

BETTER GOVERNMENT ASSOCIATION

No. 2018-CH-06995

v.

Defendant Address:

CITY OF CHICAGO DEPT OF BUILDINGS; CITY
OF CHICAGO MAYOR'S OFFICE

CITY OF CHICAGO DEPT OF BUILDINGS
121 N LASALLE
107
CHICAGO, IL 60602

SUMMONS

ALIAS - SUMMONS

To each defendant:
YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is hereto
attached, or otherwise file your appearance, and pay the required fee, in the Office of the Clerk of this Court at the
following location:
Richard J. Daley Center, 50 W. Washington, Room 802
,Chicago, Illinois 60602
District 2 - Skokie
District 3 - Rolling Meadows
District 4 - Maywood
5600 Old Orchard Rd.
2121 Euclid 1500
Maybrook Ave.
Skokie, IL 60077
Rolling Meadows, IL 60008
Maywood, IL 60153
District 5 - Bridgeview
District 6 - Markham
Richard J. Daley Center
10220 S. 76th Ave.
16501 S. Kedzie Pkwy.
50 W. Washington, LL-01
Bridgeview, IL 60455
Markham, IL 60428
Chicago, IL 60602
You must file within 30 days after service of this Summons, not counting the day of service.
IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE
RELIEF REQUESTED IN THE COMPLAINT.
To the officer:
This Summons must be returned by the officer or other person to whom it was given for service, with endorsement
of service and fees, if any, immediately after service. If service cannot be made, this Summons shall be returned so
endorsed. This Summons may not be served later than thirty (30) days after its date.
Witness:

Atty. No.: 41295
Name:

/s DOROTHY BROWN

LOEVY & LOEVY

Atty. for: BETTER GOVERNMENT ASSOCIATION
Address: 311 N ABERDEEN 3FL
City/State/Zip Code: CHICAGO, IL 60607
Telephone:

(312) 243-5900

Primary Email Address:

Friday, 01 June 2018

matt@loevy.com

Secondary Email Address(es):

DOROTHY BROWN, Clerk of Court
Date of Service:
(To be inserted by officer on copy left with Defendant or other person)

**Service by Facsimile Transmission will be accepted at:

joshb@loevy.com

(Area Code)

(Facsimile Telephone Number)

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Page 1 of 1

 Summons - Alias Summons

(12/31/15) CCG N001

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

BETTER GOVERNMENT ASSOCIATION

No. 2018-CH-06995

v.

Defendant Address:

CITY OF CHICAGO DEPT OF BUILDINGS; CITY
OF CHICAGO MAYOR'S OFFICE

CITY OF CHICAGO MAYOR'S OFFICE
121 N LASALLE
107
CHICAGO, IL 60602

SUMMONS

ALIAS - SUMMONS

To each defendant:
YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is hereto
attached, or otherwise file your appearance, and pay the required fee, in the Office of the Clerk of this Court at the
following location:
Richard J. Daley Center, 50 W. Washington, Room 802
,Chicago, Illinois 60602
District 2 - Skokie
District 3 - Rolling Meadows
District 4 - Maywood
5600 Old Orchard Rd.
2121 Euclid 1500
Maybrook Ave.
Skokie, IL 60077
Rolling Meadows, IL 60008
Maywood, IL 60153
District 5 - Bridgeview
District 6 - Markham
Richard J. Daley Center
10220 S. 76th Ave.
16501 S. Kedzie Pkwy.
50 W. Washington, LL-01
Bridgeview, IL 60455
Markham, IL 60428
Chicago, IL 60602
You must file within 30 days after service of this Summons, not counting the day of service.
IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE
RELIEF REQUESTED IN THE COMPLAINT.
To the officer:
This Summons must be returned by the officer or other person to whom it was given for service, with endorsement
of service and fees, if any, immediately after service. If service cannot be made, this Summons shall be returned so
endorsed. This Summons may not be served later than thirty (30) days after its date.
Witness:

Atty. No.: 41295
Name:

/s DOROTHY BROWN

LOEVY & LOEVY

Atty. for: BETTER GOVERNMENT ASSOCIATION
Address: 311 N ABERDEEN 3FL
City/State/Zip Code: CHICAGO, IL 60607
Telephone:

(312) 243-5900

Primary Email Address:

Friday, 01 June 2018

matt@loevy.com

Secondary Email Address(es):

DOROTHY BROWN, Clerk of Court
Date of Service:
(To be inserted by officer on copy left with Defendant or other person)

**Service by Facsimile Transmission will be accepted at:

joshb@loevy.com

(Area Code)

(Facsimile Telephone Number)

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Page 1 of 1

 Chancery DIVISION
Litigant List
Printed on 06/01/2018
Case Number: 2018-CH-06995

Page 1 of 1

Plaintiffs
Plaintiffs Name

Plaintiffs Address

State Zip

Unit #

BETTER GOVERNMENT
ASSOCIATION
Total Plaintiffs: 1

Defendants
Defendant Name

Defendant Address

State

Unit #

Service By

CITY OF CHICAGO DEPT OF 121 N LASALLE CHICAGO,
BUILDINGS

IL

60602 107

Sheriff-Clerk

CITY OF CHICAGO MAYOR'S 121 N LASALLE CHICAGO,
OFFICE

IL

60602 107

Sheriff-Clerk

Total Defendants: 2