Andrea Chasteen Will County Circuit Clerk Twelfth Judicial Circuit Court Electronically Filed 19CH1048 IN THE CIRCUIT COURT FOR THE TWELFTH JUDICIAL 7/17/2019 1245 PM Envelope: 5803552 WILL COUNTY, ILLINOIS Clerk, JH LEONARD MCCUBBIN PLAINTIFF, v. Case No. 19CH1048 WESLEY TOWNSHIP DEFENDANT. NOW COMES Plaintiff, LEONARD MCCUBBIN, by his attorneys, AMBROZIAK ASSOCIATES, and brings this suit to Overturn Defendant's refusal, and willful violation of the Illinois Freedom of Information Act, to respond to Plaintiff 5 Freedom Of Information Act requests. In support of this Complaint, Plaintiff states as follows: INTRODUCTION 1. Pursuant to 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 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 Of Information Act (hereafter 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 governmental activity that affect the conduct of government and the lives of the people. 5 ILCS 140/1. Initial case management set for 11/04/2019 at; 9:00 a.m. 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/ 1.2. 4. Each public body shall, either comply with or deny a request for public records within 5 business days after its receipt of the request, unless the time for response is properly extended under subsection of this Section. Denial shall be in writing as provided in Section 9 of this Act. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt shall be considered a denial of the request. 5 ILCS Emphasis added. 5. The time for response under this Section may be extended by the public body for not more than 5 business days from the original due date The person making a request and the public body may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requester and the public body agree to extend the period for compliance, a failure by the public body to comply with any previous deadlines shall not be treated as a denial of the request for the records. 5 ILCS Emphasis added. 6. Each public body denying a request for public records shall notify the requester in writing of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial. Each notice of denial by a public body shall also inform such person of the right to review by the Public Access Counselor and provide the address and phone number for the Public Access Counselor. Each notice of denial shall inform such person of his right to judicial review under Section 11 of this Act. 5 ILCS Emphasis added. 7. "Except as to causes the court considers to be of greater importance, proceedings arising under this Section 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" 5 ILCS 140/11. PARTIES 8. Plaintiff, LEONARD MCCUBBIN, is the FOIA requester in this case. Plaintiff is neither a recurrent requester, nor does he request documents from Defendant for a commercial purpose as de?ned by 5 ILCS 140/2. 9. WESLEY TOWNSHIP (hereafter is a public body located in Will County, Illinois. 10. The records sought are non?exempt public records of WESLEY. 11. WESLEY willfully and intentionally violated the FOIA by Defendant?s ongoing and constant refusal to, and failure to properly respond to the FOIA request shown below and in the attached Exhibits hereto and incorporated herein. 12. The aforementioned paragraphs 1-10 are incorporated in Count I as if fully restated therein. 9% FOIA Request - July 1, 2019 13. On July 1, 2019, Plaintiff LEONARD MCCUBBIN submitted a request pursuant to the FOIA to Defendant Wesley for security camera footage taken on June 13, 2019. See Exhibit A. Plaintiff submitted the July 1, 2019 request to the Wesley Township FOIA Officer at the following two email addresses: wesleytwp2017@outlook.com and wesleysuper2017 outlookcom. 14. On July 3, 2019, Plaintiff received an email reply from the Wesley Township Clerk, Sarah M. Norton, stating that Plaintiff FOIA request will be provided in . .approximately one week after receiving [Plaintiff supplied] jump drive.? See Exhibit 15. On July 5, 2019, Plaintiff replied via email to Wesley Township Clerk Sarah Norton?s email response by informing her that the deadline for a request response is ?ve (5) business days from receipt of the request. See Exhibit C. Plaintiff expressed that he would agree for the request to be ful?lled by July 9, 2019, granting the Defendant one extra day past the original due date of July 8, 2019 to respond. At 3:00 pm. that same day, Plaintiff delivered an external hard drive to WESLEY for the purpose of transferring the requested video onto it. See Exhibit C. 16. On July 6, 2019, Sarah Norton noti?ed Plaintiff that the FOIA requested video would be mailed on July 17, 2019, twelve (12) business days after receipt of the original request. See Exhibit D. 17. On July 7, 2019, Plaintiff instructed Sarah Norton not to mail the external hard drive. Plaintiff expressed to Ms. Norton that he wished to pick up the hard drive on July 9, six (6) business days after Defendant?s receipt of the request. See Exhibit E. Defendant WESLEY did not make the requested video available for Plaintiff on July 9. 18. As a result, by July 10 Plaintiff emailed both wesleytwp2017@outlook.com and wesleysuper2017@outlook.com to inform Defendant that his requested FOIA response was long overdue and that he wished to pick up the requested video response that day at the Township Hall. See Exhibit F. To date, no reply to Plaintiff?s July 10 email has been forwarded to Plaintiff. 19. As of the date of this ?ling, Defendant WESLEY has not responded to Plaintiff?s July 1, 2019 FOIA request. 20. By not responding to Plaintiff 5 request in the five?day timeframe imposed by 5 ILCS Defendant failed to comply with Plaintiff? 3 July 1, 2019 FOIA request. As such, Defendant?s inaction constituted a denial of request under 5 ILCS Accordingly, Defendant violated the FOIA by not providing justi?cation for why Plaintiff?s request was denied, as required under 5 ILCS 21. Furthermore, Defendant improperly attempted to extend the time allowed for a FOIA request response by having informed Plaintiff that the request will be responded to on July 17, 2019. According to 5 ILCS Defendant may extend the time allowed for a response not more than 5 business days from original due date. Here, the original due date for the request is July 8, 2019, five business days after the original July 1, 2019 request. Defendant willfully attempted to extend the time allowed by statute for a response by a total of seven 17) business days past the original due date for this request. WHEREF ORE, LEONARD MCCUBBIN Prays that this Honorable Court grant the following relief: A. In accordance with 5 ILCS 140/11(h) of the Freedom of Information Act, 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; and B. Declare that the WESLEY TOWNSHIP has violated the and C. Order the WESLEY TOWNSHIP to produce the requested records; and D. Enjoin the WESLEY TOWNSHIP from withholding non-exempt public records under and E. Order the WESLEY TOWNSHIP to pay civil penalties; and F. Award Plaintiffs reasonable attorneys' fees and costs; and G. Award such other relief the Court considers just and equitable. Denise M. Ambroziak ARDC #6244325 AMBROZIAK ASSOCIATES Attorney for Plaintiff 550 West Woodstock St. Ste 107. Lake, IL 60014 (815) 459-4949 ambroziaklaw comcast.net RESPECTFULLY SUBMITTED Denise M. Ambroziak Denise M. Ambroziak One of the Attorneys for Plaintiff EXHIBIT A Wesley Township FOIA Ofi'icer 21333 WBallou Rd Wilmington, Il. 60481 July 1, 201 9 Dear FOLA Ofi'Tcer: This is a request under the Freedom of Information Act for records showing: - 4y security camera footage on June 13, 2019. According to Township Supervisor all Video are backed up to a Township retained external drive, therefore I do know that the records do exist Please furnish the requested information in the time frame set forth on the FOB Act. - I'm requesting that all video be unedited or altered, original time and date stamps remain intact. Please send me the records in an electronicformat. Ifyou are unable to send the records in clectmnicfarmats via email as I requested, please Contact me and I will provide a portable thumb drive. I am not making this reqiiestfor a commercial purpose. I am requesting that this FOIA be addressed and processed in compliance of all FDIA Laws Thank you, Leonard McCubbin EXHIBIT on Wed, Jul 3. 2019' at 1:22 PM Wessey mam? mote: Re: Freedom of Information Act request to? Wcsiey Township dated July 1 2019 i i Dear Mr. McCubbin: The purpose ofthis correspondence is to respond ta your recent request. for information from Wesiey. Attached piease ?nd the materia?s that are responsive to request, 1 A33 ?security camera Wage on 1:111:13. 2019. According to?fownship Supzrvisat at! Videa ate hacked? to a Townshig retained externai drive, theretore do kno'?w that the records do exist. Phase fut?ish the requested intomatim in the time {time set forth on me Act; Mlm?ngton Petite Detective Jorge n: was contacted rtgardinethe videc- copied by W?mington poiice Of?ce Castro being - requgsted to whichhe replied thervideo of the incident is invcichd in anepen case and therefore not mleaseab?e. Therefore video footage r?quested be copied up to and after the mike invoived incide-nton same 13, 2019. Ficus: provide the township with a jump drive; The download will be movided in approximateiv one week after receivingthe imp drive. Wesley Township is committed to transpazemy in government- Yo the extent that we have documents responsive to your 5 request, we have maximized them. ?owem. to the extent-we do not hm such dacuments, such 'as cancelied checks or nayment receipts, vow request is deni?dd i am the person responsibie fer the deniai of yew request. You may appeal this decision to the Putin: Access acunseior at the Attorney Generai's Of?ce?me Pubiic Access Coun'sefor may beicuntacted I at 3.6774299th or by correspondence to the Pub?mzcess Caunseior, cm: of tag sums: mm Genera-J, 509 5. 2nd Street, Spring?eld, 62792, Very truiv yours, Sarah MNorton ?z Wesiey annship Cterk- 21333 w. B?ilou Road Wiin?ngton, :2 60481 Of?ce: 815.475.2359 Ceil: 815.450.6st EXHIBIT 2.1T 1 Re F'erm :v \mcrwab: 'uvehre m: 7 'i my (<EXHIBIT On Sat, 41:16? 2019 319:2? PM Wesley twp201? wrote? Mn McCubbin, {wanted to Set knowihat your video will be ma?ed to you on Indy 2019. Yours Trudy, Sarah Norton Wesley Township Cierk EXHIBIT mm You \Iuvmvri MM EXHIBIT Ua'u Wed, 1019 ax .a ,a 5mm Re'iveedm Am-qmuhw Tn' Wayey mpzon- my "mama; 1a" M, 1,2o1a Supmlalf v21 A ms mm venue" i< \C/ng mam>>, lweed TOUAV Whax me tangy ca" 1 pm up at me lormship Haw lhank You Leonard McCubbm