OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS Lisa Madigan ATTORN FY arm-1:111. August 24 2018 Via eleL'lmn/c mail Mr. John Krafl V111 elm (run/c mail Mr. Daniel P. Schucring Schucring Law. Ltd. PD. Box 9622 Springfield, Illinois 62791 dan.schuering@schueringlaw.cnm RE: FOIA Requesl for Review 7 2017 PAC 47001 Dear Mn Krafi and Mr. Schuering: This is issued pursuanl Io section 9.50) oflhe Freedom of Act (FOIA) (5 ILCS 140/9511) (West 2016)). For 1111: reasons 5111ch bclow. (he Public Access Bureau concludes [hail the Cily of Carlinville (City) has not demonstrated lhal Mr. John Kmfi's February 15. 2017, FOIA requesI was for a commercial purpose. On February 15. 2017, Mr. Krafl, submilted a four-pan FOIA requesl [0 1116 City seeking copies nflraining Certificates for FOIA officers and assistams, Open Meetings Acl training certificates for Cily Council members and Ihe Mayor, credil and debit card sIaIcmenIs. and Cily Council meeting minutes for lb: last six On March 17, 2018,1he City's armmey, Mr. Daniel P1 Schuering, responded to ML Kraft on behalf ofthe City. 111 ils response. (he Cily infomied Mr, Krafi thalr 511115011111 111mm: b27061 1217173241190 - TH 1217171154771 - 1217111124mn 11111 Wm 11111111011711 Suce|.Ch1ugu. "1111015160601 1 13121111441100 nv 11121111.,1174 - Fa\ 111m 621301 - 15151 5291.100qu 1111115212410>> 11131529754117 Mr. John Kraft Mr. Daniel P. Schuering August 2, 2018 Page 2 Pursuant to Section 3. 1 of the Freedom of Information Act the " Act"), 5 ILCS 140/ 3. 1, I am writing to inform you that the City is treating the FOIA Request as a request for a " commercial purpose," as that term is defined in Section 2( c- 10) of the Act, Id. at 2( c- 10), provide you with an estimate of the fees to be charged, which the City will require you to pay in full before copying the requested documents, and respond to your FOIA request in part. lIl On March 24, 2017, Mr. Kraft submitted a Request for Review to the Public Access Bureau contesting the City' s treatment of his FOIA request as a commercial request. On March 28, 2017, this office forwarded a copy of the Request for Review to the City's attorney by e- mail and asked it to provide a detailed explanation of the legal and factual bases for designating the request as being for a commercial purpose. The City did not respond. On May 9, 2017, this office sent an additional letter to the City's attorney by e- mail, enclosing the March 28, 2017, letter, and an additional copy of Mr. Kraft' s Request for Review, requesting a response within 7 days. Again, the City did not respond to this office. To date, this office has not received a response to our March 28, 2017, or May 9, 2017, letters or any information indicating that the City no longer considered Mr. Kraft' s February 15, 2017, FOIA request as a commercial request. DETERMINATION It is a fundamental obligation of government to operate openly and provide expediently and efficiently as possible in compliance with [ FOIA]." 5 ILCS 140/ 1 ( West 2016). Section 3. 1( a) of FOIA ( 5 ILCS 140/ 3. 1( a) ( West 2016)) provides: public records as A public body shall respond to a request for records to be used for a commercial purpose within 21 working days after receipt. The response shall ( i) provide to the requester an estimate of the time required by the public body to provide the records requested and an estimate of the fees to be charged, which the public body may require the person to pay in full before copying the requested documents, ( ii) deny the request pursuant to one or more of the exemptions set out in this Act, ( iii) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions, or ( iv) provide the records requested. Letter from Daniel P. Schuering, Schuering Law, Ltd., to Mr. John Kraft, Illinois Leaks ( March 17, 2017). Mr. John Krafi Mr. Daniel P. Schucring August 2. 2018 Page 3 Correspondingly, section 2(c-10) of FOIA (S ILCS (West 2016)) provides: "Commercial purpose" means the use of any pan ofa public record or records. or information derived from public records, in any form for sale, resale, or solicitation or advertisement for sales or services. For purposes of this definition, requests made by news media and nonprofit, scientific. or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose ot'the request is to access and disseminate information conceming news and or passing (ii) for articles ornpinion or features of interest to the public, or for the purpose of academic, scientific, or public research or education. Further, section 9.5(b) of FOIA (5 ILCS (West 2016)) provides, in peninent part: person whose request to inspect or copy a public record was treated by the public body as a request for a commercial purpose under Section 3.1 oftl-iis Act may file a request for rcvicw with the Public Access Counselor for the limited purpose ot'revtewing whether the public body properly determined that the request was made for a commercial purpose." This office has not received any infon'nation demonstrating that Kraft intended to use the records requested, or information derived therefrom, for sale. rcsalc, or solicitation or advertisement for sales or scnlices, or that he did not fall within one of the enumerated exceptions in section Accordingly, this office concludes that the City improperly treated Mr. Krafi's February 15, 2017, FOIA request as seeking records for a commercial purpose, The Public Access Counselor has determined that resolution ufthis matter does not require the issuance on binding opinion, This file is closcd, Please contact me at (312) 814-5201 or the Chicago address listed on the first page ofthis lelter if you have questions. Ver yo Public Access Bureau 47001 r31 comm req improper mun Mr. John Kraft Mr. Daniel P. Schuering August 2, 2018 Page 4 cc: Via electronic mail Ms. Carla Brookmeyer City Clerk and FOIA Officer City of Carlinville Carlinville City Hall 550 North Broad Carlinville, IL 62626 cbrockmeier@cityofcarlinville. com