IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DUPAGE COUNTY, ILLINOIS EDGAR COUNTY WATCHDOGS, Plaintiff, v. NAPERVILLE TOWNSHIP, Defendant. ) ) ) ) ) ) ) ) ) 2019MR000220 TRAN# : 170431172516/( 4471781 ) 2019MR000220 FILEDATE : 02/27/2019 Date Submitted : 02/27/2019 12:46 PM Date Accepted : 02/27/2019 02:21 PM KUFER,JAMES 4-29-2019 rm2005 9am COMPLAINT NOW COMES Plaintiff, EDGAR COUNTY WATCHDOGS, by its undersigned attorneys, LOEVY & LOEVY, and brings this suit to overturn Defendant NAPERVILLE TOWNSHIP’s refusal, in willful violation of the Illinois Freedom of Information Act, to respond to Plaintiff’s Freedom of Information Act requests related to the Naperville Township Road District. In support of its Complaint, Plaintiff 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 Document received on 2/27/19 12:46 PM Document accepted on 02/27/2019 14:21:37 # 4471781/170431172516 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.” PARTIES 5. Plaintiff EDGAR COUNTY WATCHDOGS ("ECW") is the FOIA requester in this case. 6. Defendant NAPERVILLE TOWNSHIP is a public body located in DuPage County, Illinois. JANUARY 21, 2019 FOIA REQUEST 7. On January 21, 2019, ECW requested “1. Copy of all Naperville Township attorney invoices since Jan 2017; 2. Copy of all Naperville Township Road District attorney invoices since Jan 2017; 3. Copy of all Naperville Township Road District credit/debit/p-card statements since Jan 2017; 4. Copy of all Naperville Township elected/appointed/employee emails referencing road district consolidation/merging since Jan 2017; 5. Copy of all Naperville Township Road District elected/appointed/employee emails referencing road district consolidation/merging since Jan 2017; 6. Copy of all payments from the Township to any attorney or legal firm since Jan 2017; 7. Copy of all payments from the Township Road District to any attorney or legal firm since Jan 2017.” A true and correct copy of the request is attached -2- Document received on 2/27/19 12:46 PM Document accepted on 02/27/2019 14:21:37 # 4471781/170431172516 as Exhibit A. 8. On February 2, 2019, NAPERVILLE TOWNSHIP responded, producing the invoices containing the number or hours billed and the associated fees for the requested matter but subject to redactions under FOIA Section 7(1)(m). Other records were also produced but redacted subject to FOIA Sections 7(1)(b) and 7(1)(f). A true and correct copy of the email is attached as Exhibit B. 9. On February 7, 2019, ECW asked NAPERVILLE TOWNSHIP to unredact the legal bills except for permissible redactions and the credit card statements except for signatures. A true and correct copy of the email chain is attached as Exhibit C. 10. On February 18, 2019, NAPERVILLE TOWNSHIP responded, stating that it was upholding its original redactions. Ex. C. COUNT I – JANUARY 21 FAILURE TO PRODUCE RECORDS 11. The above paragraphs are incorporated by reference. 12. NAPERVILLE TOWNSHIP is a public body under FOIA. 13. The records sought in ECW’s FOIA request are non-exempt public records of NAPERVILLE TOWNSHIP. 14. NAPERVILLE TOWNSHIP violated FOIA by improperly redacting the records provided in response to ECW's FOIA request. COUNT II – JANUARY 21 WILLFUL AND INTENTIONAL VIOLATION OF FOIA 15. The above paragraphs are incorporated by reference. 16. NAPERVILLE TOWNSHIP is a public body under FOIA. 17. The records sought in ECW’s FOIA request are non-exempt public records of NAPERVILLE TOWNSHIP. -3- Document received on 2/27/19 12:46 PM Document accepted on 02/27/2019 14:21:37 # 4471781/170431172516 18. NAPERVILLE TOWNSHIP willfully and intentionally, or otherwise in bad faith failed to comply with FOIA. WHEREFORE, ECW 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 NAPERVILLE TOWNSHIP has violated FOIA; iii. order NAPERVILLE TOWNSHIP to produce the requested records; iv. enjoin NAPERVILLE TOWNSHIP from withholding non-exempt public records under FOIA; v. order NAPERVILLE TOWNSHIP to pay civil penalties; vi. award Plaintiff reasonable attorneys’ fees and costs; vii. award such other relief the Court considers appropriate. RESPECTFULLY SUBMITTED, /s/ Joshua Hart Burday ____________________________ Attorneys for Plaintiff EDGAR COUNTY WATCHDOGS Matthew Topic Joshua Burday Merrick Wayne LOEVY & LOEVY 311 North Aberdeen, 3rd Floor Chicago, IL 60607 312-243-5900 foia@loevy.com Atty. No. 26796 -4- Document received on 2/27/19 12:46 PM Document accepted on 02/27/2019 14:21:37 # 4471781/170431172516 rmni: lemma. gums" mm" ran Request (Napennlle Tcwrimip aria napewilh Road Dismay - 1-21-2019 am: Monday, January 21, 2019 1mm an AM in accordance with the Freedom oflnformalion Act I am requesting the following If you are not the pom officer, you are required to immediately fomrd this request to the appropriate FOIA omcer as l'equu'ed by statiite [5 140mg] 1 am requesting the following mfonnalion underlhe Freedom oflnformation A01 1 Copy ofal] Naperwlle Township artomey invoices since Jan 2017 2 Copy ofal] Naperwlle Township Road District artorriey invoices since Jan 2017 3 Copy ofal] Naperwlle Township Road District crediUdebiI/p--card statements since Jan 2017 4 Copy ofal] Naperwlle Township elected/appointerllemployee emails referencing mad district consolidation/merging since Jan 2017 5 Copy ofal] Naperwlle Township Road District elected/appointed/employee emails referencing mad district consolidation/merging since Jan 2017 Copy ofal] payments from the Township to any attorney or legal firm since Jan 2017 Copy ofal] payments from the Township Road D|smcl to any attorney or legal firm since Jan 2017 < events and/or arm/es or/eatm'ex (y'mtet'm to pub/t: '[he purpme oft/us request to accesx and t-egarr/mg the health mfe and \t'e/fbre 01' the legal oft/1e guttet'ttl mm: and not/0r pl'tltz'tpal put'poxu 0/ gammg a pmonat 0r [mntnet'ctal bent: Thanks, John Krafi Edgar Count) Watchdogs Dlxumznl nut-mun um I) 4n Dmumcnl "ng :t mum/mun |72From: To: Subject: Date: Attachments: Nathanael Sippel John Kraft 1/4 Freedom of Information Act Request Documents Friday, February 01, 2019 5:41:38 PM Emails - Clerks Office_Redacted.pdf Emails - Highway Department_Redacted.pdf February 2nd, 2019 Re: Freedom of Information Act Request – 1 of 4 Emails Dear John Kraft, Thank you for writing to the Township of Naperville (“Township”) with your request for information pursuant to the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq. Your FOIA request seeks the following: 1. “Copy of all Naperville Township attorney invoices since Jan 2017. 2. Copy of all Naperville Township Road District attorney invoices since Jan 2017. 3. Copy of all Naperville Township Road District credit/debit/p-card statements since 4. 5. 6. 7. Jan 2017. Copy of all Naperville Township elected/appointed/employee emails referencing road district consolidation/merging since Jan 2017. Copy of all Naperville Township Road District elected/appointed/employee emails referencing road district consolidation/merging since Jan 2017 Copy of all payments from the Township to any attorney or legal firm since Jan 2017. Copy of all payments from the Township Road District to any attorney or legal firm since Jan 2017.” Responsive documents are provided in electronic format and attached to this email. Please let me know if there are any issues opening the PDF file. The Township is disclosing invoices containing the number of hours billed and the associated fees for the requested matter. The invoices contain information that is exempt from disclosure under section 7(1)(m) of FOIA, which exempts communications between a public body and an attorney that would not be subject to discovery in litigation, including communications covered by the attorney-client privilege. 5 ILCS 140/7(1)(m). However, the Township is withholding information on the invoices that relates to confidential communications between the Township and its law firm. If disclosed, this information would directly or indirectly reveal the substance of these attorney-client confidences. Other documents may be redacted for the following reasons: 7(1)(b): Personal telephone numbers, state identification numbers, driver’s license numbers, license plate numbers, insurance policy information, VIN numbers, signatures, email addresses and home addresses. Section 7(1)(b) exempts from inspection and copying “private information, unless disclosure is required by another provision of [FOIA], a State or federal ([KLELW % Document received on 2/27/19 12:46 PM Document accepted on 02/27/2019 14:21:37 # 4471781/170431172516 law or a court order.” 5 ILCS 140/7(1)(b). 7(1)(f): Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated. If you believe that the Township’s decision constitutes a denial of your request, you have a right to seek review of the decision by contacting the Illinois Public Access Counselor at the Office of the Illinois Attorney General. Public Access Counselor Office of the Attorney General 500 South Second Street Springfield, Illinois 62706 Phone: (877) 299-3642 You also have the right to seek judicial review of the denial under Section 11 of the Illinois Freedom of Information Act. Respectfully Submitted, Nate Sippel Naperville Township Clerk 139 Water Street, Naperville, IL, 60540 O: (630)-388-4404 Document received on 2/27/19 12:46 PM Document accepted on 02/27/2019 14:21:37 # 4471781/170431172516 From: To: Subject: Date: Nathanael Sippel John Kraft Re: 1/4 Freedom of Information Act Request Documents Monday, February 18, 2019 5:52:57 PM Hello Mr. Kraft, I have received the following from our Township Legal Counsel: The Township has carefully reviewed your objections to the redactions on the Legal Bills and Credit Cards. At this time, the Township will not be amending these documents as they are consistent with the FOIA exemptions set forth in the Response letter dated February 1st, 2019. Sincerely, Nate Sippel Get Outlook for iOS From: Nathanael Sippel Sent: Tuesday, February 12, 2019 4:54 PM To: John Kraft Subject: Re: 1/4 Freedom of Information Act Request Documents Hello Mr. Kraft, I will have our legal counsel review the redactions and follow up as soon as possible. Sincerely, Nate Sippel Naperville Township Clerk 139 Water St Naperville, IL 60540 Phone 630.388.4400 From: John Kraft Sent: Tuesday, February 12, 2019 10:16:02 AM To: Nathanael Sippel Subject: RE: 1/4 Freedom of Information Act Request Documents Did you get this message? From: John Kraft Sent: Thursday, February 07, 2019 8:11 AM To: 'Nathanael Sippel' ([KLELW & Document received on 2/27/19 12:46 PM Document accepted on 02/27/2019 14:21:37 # 4471781/170431172516 Subject: RE: 1/4 Freedom of \nformation Act Request Documents Ajso, ajong the jegaj please unredacr aH or the credrr card sratemems except for signatures and prourde rnem again, TnankSr John Kraft From: John Kraft Sen nursday, February 07, 2019 8:06 AM . Subject: RE: 1/4 Freedom or jnrormation Act Reduest Documents Prease unredact me Tegal revjew redacnons, and send rhem to me agarn The redactjons made are unreasonable and vjolale the Freedom of Informatjon Act. ThankSr John Krai! 217780872527 From: NathanaETSippeKNd an?hv2 Qm> Sen . onday, February 04 2019 3-38 PM To: John Kraft Subject: RE: 1/4 Freedom or jnrormation Act Reduest Documents HeHoJohn, An emarj shoujd be arnurng snoruy rnuiting you to urew a Dropbox rojder Prease jer me know if were rs any troubje accessing mes TnankSr Nate sappel Nupen rue Clerk 139 Wuler Sheet Km": IL (19549 (6301738874404 Sent: Monday, February 4, 2019 8:50 AM To: Nathanaej Sipbej com> Subject: RE: 1/4 Freedom or jnrormation Act Reduest Documents Dominant mam: yams we," Dropbox Wi" work. thanks From: Narnanaei Sippel (Naiesmil:"erviHeLowiistii" Lom> Sent: Monday, February 04, 2019 7:27 AM To: John Kraft Subject: Re: 1/4 Freedom ol information Act Request Documents Good Morning John, Anorner option is i can set up a DropBox today and share your email on me folder, This should allow you yiew all me liles without having to send over email. Get Odiium Vur From: John Kraft Sent: Saturday, Fe ruary To: Nathanael Sippei Subject: RE: 1/4 Freedom ol information Act Request Documents Nothing but the first email From: Narnanaei Sippel (NaiesmiiczerviHeLomistiiz Lom> Sent: Friday, February 01, 2019 a 11 PM Subject: RE: 1/4 Freedom of information Act Request Documents HeHo John, My outbox says the emails have sent, but it may be slow because of me lile sizes. If the other emails do not come througn i will be happy to resend in another way. Thanksr NaItSippel anen tile Clerk 1' 'r iosOirsxxewm Sent: Friday, February 1, 2019 6:08 PM mm yams new To: Nathanael Sippel SuhjeanE21/4 Freedom oi information Act Request Documents have this email, but the other 3 have not arrived yet Thanks, John Kraft From: Nathanael Sippel Sent: Friday, February 01, 2019 5 41 PM imman-- thjen21/4 Freedom oi information Act Request Documents February 2nd, 2019 Re: Freedom of Information Act Requestr 014 Emails Dear John Krait, Thank you for vtrittng to the Township of Napervitie ("Township") with your request for information pursuant to the minors Freedom oflnformattort Act (FOIA), 5 140/1 et seq Your request seeks the ionowing ,4 . "Copy ofoii anerville Township attorney invoices since ion :01 7. 2. Copy anerville Township Rood District (Manley invoice: since Jon 201 3. Copy anerville Township Rood District credit/debiI/p-cirrd statements since Jim 2017. 4. Copy anerville Township elected/ilppainted/emplayee enioiis referencing ram! Cansnlidntian/merging since Jim 2011 5. Copy anerville Township Rood District electerVIrppaimerVemplayee referencing rood district camalidarinn/mrging since ion :01 7 6. Copy poyrnenisfrorn the annship tn ony attorney or legal firm since ion :01 7. 7. Copy poyrnenisfrorn the annship Ram! District In ony attorney or iegoifirrn since ion :01 Responsive documents are provided in electronic formal and attached to this email Please let me know it'there are any issues opening the PDF file The Township is disclosing invoices containing the number of hours billed and the associated fees for the requested matter The invoices contain information that is exempt from disclosure under section 7(1 of exempts communications between a publtc body and an attorney that would not be Subject to discovery in litigation, including communications covered by the prtvilege However, the Township is Withholding information on the invoices that relates to confidential communications between women mead yams I2 Mt airport on 02/11/1019" It 27 it 4471731/17043 I 11251 t. the Township and its law firm. If disclosed, this information would directly or indirectly reveal the substance of these attorney-client confidences. Other documents may be redacted for the following reasons: 7(1)(b): Personal telephone numbers, state identification numbers, driver’s license numbers, license plate numbers, insurance policy information, VIN numbers, signatures, email addresses and home addresses. Section 7(1)(b) exempts from inspection and copying “private information, unless disclosure is required by another provision of [FOIA], a State or federal law or a court order.” 5 ILCS 140/7(1)(b). 7(1)(f): Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated. If you believe that the Township’s decision constitutes a denial of your request, you have a right to seek review of the decision by contacting the Illinois Public Access Counselor at the Office of the Illinois Attorney General. Public Access Counselor Office of the Attorney General 500 South Second Street Springfield, Illinois 62706 Phone: (877) 299-3642 You also have the right to seek judicial review of the denial under Section 11 of the Illinois Freedom of Information Act. Respectfully Submitted, Nate Sippel Naperville Township Clerk 139 Water Street, Naperville, IL, 60540 O: (630)-388-4404 Document received on 2/27/19 12:46 PM Document accepted on 02/27/2019 14:21:37 # 4471781/170431172516