IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION BETTER GOVERNMENT ASSOCIATION, an Illinois not-for--profit corporation, Plaintiff, No. vs. THE COUNTY OF COOK, Defendant. vs COMPLAINT NOW COMES Plaintiff, BETTER GOVERNMENT ASSOCIATION, by and through its attomeys, and for its Complaint against Defendant, THE COUNTY OF COOK, states as follows: 1. This is an action brought under the Freedom of Information Act 5 ILCS 140/1 et seq., to compel the release of public records, namely records sufficient to show the identities of online applicants for positions on Cook County boards and commissions. (See Exs. A--C, Correspondence Seeking the Requested Records.) 2. FOIA makes clear that it is "the public policy ofthe State 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." 5 ILCS 140/1. Accordingly, "[a]ll records in the custody or possession ofa 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 l40/1.2. PARTIES 3. Plaintiffis the BETTER GOVERNMENT ASSOCIATION (the The BGA is a nonpartisan, nonprofit organization formed in 1923 that combats waste, fraud, and corruption in government. The BGA has a long history of advocating for government transparency. 4. Defendant is THE COUNTY OF COOK ("Cook County," the "County," or "Defendant"). Cook County is a public body subject to FOIA. BACKGROUND A. After Announcing Reforms to a "Secretive Appointment Process," Cook County Now Refuses to Release Names of Applicants For Cook County Boards and Commissions. 5. Cook County Board President Toni Preckwinkle was elected in 2010, and used her first speech as President to announce that she would end clout--based hiring and would work to put in placeia "more transparent government." (Ex. D, Hal Dardick, Preckwinkle Sworn In, Pledges Tax Rollback, CHI. Dec. 7, 2010, available at 2010 WLNR 24229352). According to Preckwinkle, a "lack of accountability has eroded the legitimacy of the Cook County government." (Id) 6. As Cook County Board President, Preckwinkle makes appointments to over 50 boards, commissions, and committees. (Ex. E, Sebastian James, Prec/twinkle Announces Reform 0fCook County Boards and Commissions Appointment Process, COOK COUNTY BLOG, April 27, 201 l, says part of her plan to restore faith in Cook County government "includes making public the formerly secretive a ointment rocess involvin our Count 's board and committees." Id. "The aim is to end an Ix.) era of secrecy and be an outstanding partner as a source for the critical information that residents need about many issues, including our finances and personnel." (Id) 7. As part ofher efforts at reform, Preckwinkle announced a new online process for applying to Cook County boards and commissions. Citizens can apply for various board and committee positions on the Cook County website. (Ex. F, Appointments, COOK COUNTY BLOG, (last visited Jan. 31, 2013)). Applicants must fill out an online form asking for, among other things, their first name, last name, address, and the board or commission for which they would like to be considered. (Ex. G, Nomination Application, COOK COUNTY BLOC, (last visited Jan. 31, 2013)). B. The BGA's FOIA Request and the County's Denial. 8. On December 13, 2012, the BGA submitted a FOIA request to Cook County seeking "a list of all individuals who'Ve applied through [the Cook County Board] webpage (to include first name, last name, address, board or commission to which they applied, and the date they submitted their application)" (Ex. A, 12/13/12 A. Loury e-mail to J. Fronczak.) 9. On January 2, 2013, the County denied the request for information. (Ex. C, 1/2/13 J. Fronczak e-mail to A. Loury.) The County stated that the information sought by the BGA is exempt from disclosure under section 7(l of the FOIA. (Id) This section provides an exemption for "[p]ersonal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy." 5 ILCS The County also stated that home addresses are exempt from disclosure under section and ofthe FOIA. (Ex. B, 12/13/12 .1. Fronczak e-mail to A. Loury.) 10. The County did not assert any other exemption. 1. There is a strong public interest in disclosure of the records sought by the BGA. DJ 12. The public has an interest in ensuring the most qualified people are appointed to County boards and commissions. 13. The public also has an interest in ensuring that the appointment process is transparent and free of corruption. 14. Any privacy interest an applicant might have in his or her act of applying for a public board or commission position is heavily outweighed by the interest the public has in ensuring qualified applicants are being selected to these positions and that the appointment process is free from the corruption and clout--based hiring that has long plagued Cook County government. 15. Preckwinkle herself said that the purpose of the reformed appointment process is to "end an era of secrecy and be an outstanding partner as a source for the critical information that residents need about many issues, including our finances and personnel." (Ex. E, Sebastian James, Preekwinkle Announces Reform of Cook County Boards and Commissions Appointment Process, COOK COUNTY BLOG, April 27, 201 1, CLAIM FOR RELIEF UNDER FOIA 16. The above paragraphs are incorporated by reference. 17. The BGA submitted a FOIA request seeking public records. 18. The requested records are public records subject to disclosure under FOIA. 19. The County has not produced the requested public records. 20. The "personal privacy" exemption, 5 ILCS does not apply to the requested records. 21. Exemption 5 ILCS and Section 5 ILCS ofthe Act do not prevent the release of the requested records. 22. No other FOIA exemption applies to the requested records. 23. The public has a right to see the records sought by the BGA. FOIA contemplates the release of such public records to "enable the people to fulfill their duties of discussing public issues fully and freely, mak[e] informed political judgments and monitor[] government to ensure that it is being conducted in the public interest." 5 ILCS 140/1. The County's attempt to hide the identities of applicants who were not selected inhibits the public's ability to evaluate whether the most qualified applicants are being selected for important public positions. Thus, the County's denial conflicts with the public policy promoted by FOIA of promoting "the transparency and accountability of public bodies at all levels of government." 5 ILCS 140/ 1. WHEREFORE, the BGA prays that this Court enter an order (1) compelling the immediate release of the requested records as required by FOIA, 5 ILCS 140/ 1 er seq.; (2) granting the BGA all costs and attorneys' fees associated with this suit pursuant to 5 ILCS 140/1 and (3) awarding all other just and equitable relief that the Court deems appropriate. Dated: March 26, 2013 Respectfully Submitted, BETTER GOVERNMENT ASSOCIATION, an Illinois not--for-profit corporation, By: 0., Daniel R. Lombard Matthew V. Topic Margaret Pepple KIRKLAND ELLIS LLP 300 North LaSalle Chicago, Illinois 60654 Telephone: 312~862--2000 Facsimile: 312--862~2200 EXHIBIT A From: Alden Loury Sent: Thursday, December 13, 2012 11:15 AM To: Jeff Fronczak (Presidents Office) Subject: Re: FOIA Request Dated 1l--2B~2012 Hey Jeff~~ Thanks so much for sending this along. You sure the county doesn't know the home addresses for appointees? Do appointees have to be Cook County residents? Also, I came across a webpage on the Cook County government blog, which solicits applicants for boards and commissions. Furthermore, folks who'd like to nominate themselves are asked to provide a home address, as well as other info. I'd like to get a list of all individuals who've applied through this webpage (to include first name, last name, address, board or commission to which they applied, and the date they submitted their application). Do you need a formal FOIA request? Thanks so much for your help with this. Sincere] y, Alden Alden Loury Better Government Association 312--821--9036 EXHIBIT From: "Jeff Fronczak (Presidents Office)" Subject: RE: FOIA Request Dated 'l'l~28~20'l2 Date: December 13, 2012 11:29:04 AM CST To: Alden Loury Hl Alden, Home addresses are exempt from disclosure under sections 7(1)(lJ) and Act. Do not worry about a formal request. Your email below is, sufficient. Thanks, Jeff - EXHIBIT On I an 2, 2013, at 2:07 PM, Jeff Fronczak (Presidents O'-ffice) wrote. January 2, 2013 'Alden Loury Senior Investigator Better Government Asso clatlon 223 W. Jackson Blvd, Ste. 900 Chicago, it 60606 Dear Mr. Loury, Cook County is in receipt of your request for information dated 1243-2012 and received the same day, in which you requested a list ofail indivlduais who have applied online for an appointment to a county board or commission, including each appiicant's first and last name, home address, the board or commission to which they applied, and the date they submitted their application. On Thursday, December 20, 2012, the County extended the deadline for its response to your request, pursuant to section 3(ei(v) of the Freedom of information Act (the Please be advised that your request is denied, pursuant to section of the Act. Section 7i1l(cl exempts the following from disclosure: Personal information contained within public records, the disciosure of which would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the individual subjects of the information. "tinwarranted invasion of persona! privacy" means the disciosure of information thatils hlghiy personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that bears on the public duties of public employees and officials shall not be considered an invasion of privacy. in 2010 PAC 5741, the Office of the Attorney General ("Attorney General") approved the use of the section 7(1l(c) exemption by the Aurora Housing Authority (AHA) for the resumes of unsuccessful candidates for the AHA's executive director position. In making its determination, the Attorney General cited 2010 PAC 6805. in that case, the Attorney General held that the names and applications of individuals who had sought the position of President at the University of were exempt under section because "the release of personal information about applicants maymnegativeiy impact a pubiic body's ability to attract qualified applicants." See also 2011 PAC 14353; and 2010 PAC 7336, 7704, and 7852. As in the above cases, reieasing the names of unsuccessfui applicants for appointment to county boards or commissions may negatively impact the county's ability to attract qualified applicants. Unsuccessful candidates may be embarrassed by their not being selected, and it is likely that they would not want this information being disseminated to the media. Pursuant to Section 9 of the Act, please be advised of the following: - The undersigned is responsible for this denial. 0 You have a right to have the denial of your request reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General. 5 ILCS You can file your Request for Review with the PAC by writing to: Public Access Counselor Office of the Attorney General 500 South 2nd Street Springfield, illinols 62706 Fax: (217) 782-1396 Email: pubilcaccess@ate.state.ll.us - You also have 'the right to seek judicial review ofyour denial by filing a lawsuit in the State circultcourt. 5 itcs 140/11. ifyou choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date ofthis denial ietter. 5 ILCS Please note that you must include a hard copy of your original FOIA request and this denial letter when filing a Request for Review with the PAC. if you have any questions, or if there is anything else we can do for you, please do not hesitate to contact me. Sincerely, Jeff Fronczak Assistant to Special Legal Counsel Office of the President Cook County Board of Commission en; 69 West Washington Street, Ste. 3500 Chicago, Illinois 60602 Phone: (312) 603-2476 Fax: (312) 603-9632 Email: EXHIBIT sworn ln, pledges tax rollback, 2010 WLNR 24229352 idewshoom 12/7/10 Chi. Trib. 1 2010 WLNR 24229352 CHICAGO TRIBUNE Copyright (C) 2010 Chicago Tribune Company December 7, 2010 Section: News Prcelcwinkle sworn in, pledges tax rollback County leader vows reforms, fires Stroger aides Hal Dardick, Tribune reporter New Cook County Board President Toni Preckwinklc swept into of ties Monday, dismissing so me of patronage workers and pledging to get rid of an 'unpopular sales tax increase in about two years. Shortly after taking her hand of a Bible, the 63-year-old former alderman from Hyde Park portrayed her approach as a break from the old-school political style of Todd Stroger, whose single term was marked by scandals and the i1l~fatcd tax hike. present to you a comprehensive plan to set our county on its new course," said in her inaugural speech, two years after launching what she said was a long--shot campaign. "This new direction comes from our commitment to fiscal responsibility, innovative leadership, transparency, accountability and improved services throughout the county." After years of rancor and accusations about mismanagement in county government, Preckwinkle also promised a new era of "civility." Many corntnissioners exhaled, relieved that the no-nonsense Preckwinkie, a former teach cr, is pledging to bring adult leadership to the table. "Her decisions are going to be strategic, and they are going to be part oi' a master plan to accomplish a goal, which has been missing," said Cornmissioncr Larry Suffredin, D-Chicago. think that [hill is one of the best days I've seen in the eight years that I've been part of county government." Her job won't be easy. Preckwinkle must immediately address a big budget shortfall for next year, in part caused by last year's repeal of half of Stroger's sales tax increase. That means she won't offer up tax relief when she presents her first budget next month. "This first year, starting $487 million down, it didn't seem prudent to make a commitment to further reduce revenues, butwe have a year to plan," said at a news conference. So Preckwinklc said she'll reduce the county sales tax by a quarter-cent on the dollar in 2012 and again in 2013. That would drop the county sales tax rate back to 0.75 percent, the level it was at before Strogcr pushed through a l~pcrecntage-point tax hike in early 2008.' - is $3013 'l'i'u:mnsor1 liteuturs. No to original 1.1.1-3. Work:-3. 'i sworn in, pledges tax rollback. 201_0 WLNR 24229352 it' also would ailow her to keep a campaign promise highlighted in a TV commercial featuring an actor portraying Benjamin Franklin, known for coining the phrase penny saved is a penny earned." During the campaign, said would roli back the sales tax by the end ofhcr first four years in office'. The increase under Strogcr was "a Band-Aid solution that enabled the continued inefficiency of county government" Preckwinkic said. Making the cuts will be tough. Although the county approves the $3 billion annuai budget, most ofthe government and its nearly 24,000 employees are controlled by other boards and elected officials. is assembling her own team, and that means scores of Stroger administration executives will he tired. That began Monday, as county officials said about two dozen administrators and spokespeople from Stroger's learn were gone by day's end. One key move was installing chief of stafl"Kurt Summers Jr., who was chief of staff for the committee that headed up the city's failed hid For the "2015 Olympics. Change came to other parts of the County Buiiding its well. New Assessor Joseph Bcrrios, the Cook County Democratic chairman, replaced the retiring James Houlihan and 13 of Houiihun's top people. Berrios spokeswoman Kelley Quinn described the action as "notuncommon with a change in administration." Bcrrios has set up apancl of experts to iook at office operations, and us ofMonday he gave up his lobbying business, Quinn said. The l7~mcn1ber County Board that will work with also changed. There are three new commissioners, and Democrats ended up with one more commissioner in their ranks, for a 13-4 advantage over Republicans. But it was swearing-in, fi1'Sl. at 'an official board meeting and later mimicked at a campaign-sponsored public gathering of more than 700 people, that dominated the day. - also took aim at hiring by saying she already was taking applications for executive posts onlinc. She said she would work to end the hiring that hrought federal court hiring oversight after an FBI raid near the end of former board President John Stroger's years in office. Saying some employees have told her their counterparts spend the day making personal coils and reading the paper, Preckwinklc said she would name a chief performance officer. "This lack of accountability has eroded the legitirnucy of Cook County government," she snid. also pledged to post on the Web paid appointments to various boards, bids and contracts. Other proposed initiatives include consolidating departments, operations and services, and cutting her own $170,000-n-year salary by 10 percent. "wc.'rc going to make less expensive and more effective," she said. "That's why my plan is pretty clear: :1 lcancr. more efficient and more transparent government." -- .. F'tout-ors. No chairs to original Govrnlirraent Works. sworn In, pledges tax rollback, 2010 WLNR 24529352 .. Tribune editorial Preekwinlcle must resist patronage defenders, who lobbied her just moments into her term. PAGE 22 Go deeper into county story on Trib Nation: The cast is new, the challenges the same. 'Tribune reporter l'Iai Dardick reports on the financial challenges facing the new Cook County leadership, Photo: Outgoing Cook County Board President Todd Stroger speaks with incoming President Toni Preelcwinkle before she is sworn in Monday at the Cook County Board room. Preckwinkie said she has "a comprehensive plan to set our county on its new course." JOSE M. PHOTO Photo: Cook County Board President Toni Preclcwinkle celebrates her first day in office with a public gathering Monday at the Chicago Cultural Center. "We're going to make government less expensive and more she said. HEATHER PHOTO Index References Cmnjianyz TRIBUNE PUBLISHING FBI TRIBUNE HYDE FRANCHISE BANCORP TRIBUNIZ News Subject: (Taxation Executive Personnel Changes Corporate Financial Data Corporate Events Local Taxing Authorities HR Labor Management (lIlR87): Government Local Government Business Management Industry: (Accounting, Consulting Legal Services (lAC73))i Region: (North America U.S. Midwest Region USA Americas Illinois Language: EN Other Indexing: (CHICAGO CULTURAL HYDE TRIBUNE TV) (Benjamin Franklin; Bcrrios; Hal Dardick; James Hculihan; John Stroger; JOSE M. Joseph Berries; Kelley Quinn; Kurt Summers Jr.; Larry Suffredin; Prcolcwinkle; Quinn; Sttoger; Todd Stroger; Toni Preekwinkle) Edition: Chicagolaud Final Word Count: 945 lintl nl' 2.tll1l kl S1013 No elnirn in lJ.S.i. Works. 3 EXHIBIT Precicwlnidc announces reform of boards and commissions appointment process 1 Cool: County Biog page 1 of; Preckwinkle announces reform of Cook County boards and commissions appointment process By tame'; ct 20] i I i 1:22 am {Print Hello there! If you are new here, you rnight want to subscribe to the RSS feed for 3% updates on. this topic. Puwuncti lay (iruct Bur Llkoi 3 people ilke this. Be the first of your friends. 1 lweot Raiwooi . . Cook County Board. President Toni announced a plan to reform the process by which her Uffice individuals to serve on the dozens of boards and commissions that affect critical County iitnctions. is matting good on promise to marine Cool: County more accessible to residents. "In my inaugural address, T. said that :1 incl: oi.' and has eroded the tog_1ti.rnucy o.t'Conk County government. We're constructing." a system to restore fnitir in County t. This pant oi"? this overhaul oi? County govct'rt|'ncnl1 includes matting ptthiic the formerly uppuintmcut'process involving our County's board and she suid. "ifhc Conic County I-Jourd President muiccs appointments to more than 50 hourds, counnission.t:, committees. sanitary and mosquito districts having impact on citizens of. Cool: County. '1'hc County is encouraging 1'osi.dcuts to unpiy for nvniiahlc unpuintmcuts. Citizens cuu apply by wchsitc co: kconn: Vt vlu 1intr.an.s. 'The site uiso includes pcrtin cut ini"ornuztion about each hourd and commission. as m""h?T icntzilt quuiificatlons, and names and status ot"hourd members. Clurreut members interested in renppo1'.ntm.cn.t wiil have to reapply for their positions through the wchsi.tc. ubiitty of citizens to hc'ld.thcir offzicials accuuntalde is impacted. grcatiy by their access to inform ntion. We're building tlxrougit which residents cau.rcscu1-ch County govenuncnt. 'ifhc aim outst.n'nd.ing partner us :1 source i:'or the critical ini"ormaticn that residents need about runny 'Issues, including, our licences and personnel," said. said the County is working ratniciiy to 'provide comprehensive lnt'ormntion shout the functions and services that affect oi.'Cook County. i' Like; 3 people like this. Be the first of your friends. 113112013 Preckwiuklc announces reform of boards and commissions appointment process 1 Cook County Bing Page 2 on sew I39 mmoaga am as 2 Readers who viewed this page, also viewed: Officers in Memorial Qoromogy Coin Losses will gegigc tvgo gleotlon contogtg ab :1 iAtmoucsProo Ta .01' rs first over degIa[e_c_i ?11a1g;n?n gomnligng - 1,3313: Bggegg hosts gwo outreach forums, filgs @952 tax apgcals - mmissloner a uct ax A Seminar 11 0 tom Suburban Towgships - Puwemd by Whom dig the); go hgrc? '.News Bo' .d com; in Holy Next Iiclutcd Posts - Forest Distrigls of Con}; Couugy igs Mastgr Elan ingrgasigg inflgenzg-like activim in Cook Qoungy Cook Health OFJDMIH. H0?i1i_LLl - Cook County. Iilinois Treasurer Warns U.S. Homeowners And Refirceg O?Logal Debt Hazards 0 Qjiicf Judze. Evans entovs order which vorohibits coll ohonos in oourthousgs matters as hoard 1/3112013 EXHIBIT A 4 I ppomtments I Conic County Biog Pug" I Like: 58 people like this. so the first ofyour friends. 4-, {wants Reiwanl Our democracy is built on the icicn of partic'ipoto1'y government. One oiftiic you can purticimte is by serving on 11 county board or commission. These groups like you or] overs cc and advise county elected ofizicinls, agencies, and departments on wide range of vitui issues. Take a few minutes to find. [1 board or in serving on. Cilcit on a link to read more about the board, where you'rll'ly serve 031 describeluelmv lhu board and your role. on ll: any gc.we1'nment, private board or u. -. B: Pea-sonal llrmu: D12, Fl.ou., Mr., Ms:Acldl'ess Slate Code . .. I- Township i -11; U31/20l3 Nomination application Cook County Blog pagg 2 cm Elunizxt C: 'Prnf.ossirmaI 'I'1'islm'y "'Provid:: employennont history, listing the :11 est. current final: 'I'lL'lo City/State Dutu I End Dale Mos! recent ornpioyer 1 - 'mm!vwv run. . . . Pro_fe.v.vlumu' M. -(1333: For_profcssioI1aI publication: - 'Provide ubcmt any awards or mcrifs you have rocuwod: JF 1/31/2013 Nomination application Cook County Blog Fag" um 11' rcsuruc and upload. below: an 5 and l: u'H'bl'-Ya'. Education .o High School namo:] In High Schooi location:[ 1 Lml. the Inst eduootlooai List "Institution 'Location Attemicd . 1 2 PART E: Government Affiliations and Ilfixpericucc Aro you a gpubflc Yes No If yes, what office do you hoicwz is your spou.t.-efdomcsfic a public offloi.u1.-.. . Are you a w'lL'h Cook County'? Yes No To your partner a lobbyist rogisrcrocl with Cook County? Yes <29 No CI.) NIA Are you a lobhyist registered with the State offllioois? Yes (J 'No your paruu-.r H. lobbyistregistoxed with the Slow Yes: 'No Are you. a of govomm cnt|Doportment. Job Title - {Eyou are not a current omployoo, have you ever boco employed by Cook CouoL'y'.' Yes C) No Iifycs, pleosc provide your and Job Title: 'Department, Job Tltlo Are you an employee of other body? Yes No {I"ycs, what unit of govormnont do you work IDer2artrner~t-49971212. .. . .-. . 1/3 H2013 Nomination application 1 Cool: County Biog Page 4 of 6 Exile partner.' rm empinyee of any other governmental. body? u.I3i.i..9.Dapartrnent. Job Title PART 1'nferests nud Qriaiiticatlons S'ttrtemr:m P101156 Expillin why you wish to serve in County <