Zinke Doesn’t Have to Disclose Names of Those for Whom He Wrote Letters of Recommendation

This letter, received December 6, 2013, from the Illinois Attorney General’s Public Access Division tells why:

Via electronic mail

Mr. Cal Skinner
275 Meridian Street
Crystal Lake, Illinois 60014
Calskinner2@gmail.com

Ms. Jan Weech
FOIA Off’lcer
Offìce of the McHenry County Sheriff
2200 N. Seminary Avenue
Woodstock, Illinois 60098
JKWeech@co.mchenry.il.us

RE: FOIA Request for Review  2013 PAC 26085

Dear Mr. Skinner and Ms. Weech:

This determination letter is issued pursuant to section 9.5(f) ofthe Freedom of Information Act (FOIA) (5 ILCS 140/9.5(f) (West 2012)). For the reasons that follow, the Public Access Bureau concludes that the Office of the McHenry County Sheriff (Sheriffs Office) did not violate FOIA by withholding the names of certain people for whom Undersheriff Andrew Zinke wrote letters of recommendation.

BACKGROUND

On September 6, 2013, Mr. Cal Skinner submitted a FOIA request to the Sheriffs Office seeking “letters of recommendation written by Andrew Zinke since he was appointed Undersherìff.” FN l On September 16, 2013, the Sheriffs Office provided Mr. Skinner copies of the letters but redacted the names of the individuals recommended by Undersheriff Zinke pursuant to section 7(1)(b) and section 7(1)(c) of FOIA (5 ILCS 140/7(1)(b), (1)(0) (West 2012)). Section 7(1)(b) exempts from disciosure “private information.” Section 7(1)(c) exempts records that, if disclosed, would result in an unwarranted invasion of personal privacy. Section 7(1)(c) further provides:

“Unwarranted invasion of personal privacy” means the disclosure
of information that is highly 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 personal privacy.”

= = = = =

FN 1. lE~mail from calskinner2@gmail.com to McHenry County Sheriffs Office (September 6, 2013).

= = = = =

On September 17, 2013, Mr. Skinner submitted a Request for Review of the Sheriffs Ofñce’s response to his FOIA request to the Office of the Public Access Counselor. On October 7, 2013, this office forwarded a copy of the Request for Review to the Sheriffs Offlce and asked it to provide a basis for the asserted exemptions. On October 15, 2013, the Sheriffs Office responded that identifying the named individuals would result in an unwarranted invasion of privacy for those individuals and that there is no public interest that outweighs their right to privacy. The Sheriffs office also provided us with unredacted copies of the responsive records, which consist of three letters of recommendation sent by Undersheriff Zinke.

Mr. Skinner responded on October 18, 2013, and states that “if any of the individuals have been terminated from the Sheriffs Department and later have been given favorable recommendations, that would be in the public interest to bring to light.” FN 2 On October 22, 2013, the Sheriffs Office confirmed in an e-mail to an Assistant Attorney General in the Public Access Bureau that only one of the three individuals named in the letters was a former employee of the Sheriffs Office, and that this individual left the Sheriffs Office in good standing.

ANALYSIS

All public records in the possession or custody of a public body are presumed to be open to inspection and copying. FN 3 5 ILCS 140/12 (West 2010). A public body “has the burden of proving by clear and convincing evidence” that a record is exempt from disclosure. 5 ILCS 140/12 (West 2011 Supp.). The exemptions from disclosure are to be narrowly construed.  Lieber v. Board of Trustees of Southern Illinois Univ., 176 Ill. 2d 401, 408 (I 997).
= = = = =

FN 2. Email from calskinner2@gmail.com to Matt Regina, Assistant Attorney General, Offîce of the Illinois Attorney General (October 18, 2013).

FN 3.Section 2(c) of FOIA (5 ILCS 120/2(c) (West 2012)) defines “public records” to include “all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microñlms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaíning to the transaction of public business[.]” (Emphasis added.) We make no finding as to whether the letters of recommendation pertain to the transaction of public business, but assume for purposes of this determination that the letters are public records under FOIA.

= = = = =

The Illinois Supreme Court has held that, for purposes of FOIA, a name is not “personal information” per se. Lieber v. Board of Trustees of Southern Illinois University, 176 Ill.2d 401, 412 (1997). Depending upon the context, however, the disclosure of a name can nonetheless constitute an unwarranted invasion of personal privacy. This office has previously determined that applications for employment are exempt from disclosure under section 7(1)(c), unless the applicant is selected for the position. See Ill. Att’y Gen. PAC Pre-Auth. a16805, issued April 2l, 2010, at l-2. In that determination, this office concluded that publication of an individual’s application for a position can negatively impact that individual’s current employment and the release of personal information about applicants may also negatively impact a public body’s ability to attract qualified applicants for open positions. See Ill. Att’y Gen. PAC Pre-Auth. a16805, issued April 21, 2010, at 1.

The letters of recommendation at issue were written on behalf of individuals who were seeking new employment. These letters are highly personal to the individuals named in the letters, and disclosure of their names could potentially have adverse consequences on their current employment or future employment prospects. Mr. Skinner asserted that there is a public interest in disclosure of the names of any individuals who received favorable recommendations from Undersheriff Zinke despite being terminated from the Sheriffs Office. The Sheriffs Office, however, has confirmed for this office that none of the individuals in question were terminated from the Sheriffs Office. Based on the available information, the asserted public interest in disclosure does not exist and therefore does not outweigh the subjects’ right to privacy. [Emphasis added by McHenry County Blog.] Accordingly, we conclude that the Sheriffs Office properly redacted the names pursuant to section 7(1)(c) of FOIA.

CONCLUSION

Because our determination that the Sheriffs Office may withhold the names of the individuals pursuant to section 7(1)(c), we decline to address the assertion of section 7(1)(b).  The Public Access Counselor has determined that resolution of this matter does not require the issuance of a binding opinion. Should you have any questions, please contact me at (312) 814-5383. This correspondence shall serve to close this file.

Very truly yours,

MATT ROGINÀ
Assistant Attorney General
Public Access Bureau


Comments

Zinke Doesn’t Have to Disclose Names of Those for Whom He Wrote Letters of Recommendation — 33 Comments

  1. 3:58am on Saturday morning? Think Zinke camp never rests.

    “Two in the mornin and the party’s still jumpin

    cause my momma ain’t home

    I got b—-s in the living room gettin it on

    and, they ain’t leavin til six in the mornin (six in the mornin)

    So what you wanna do, sheeeit

    I got a pocket full of rubbers and my homeboys do too

    So turn off the lights and close the doors

    But (but what) we don’t love them hoes, yeah!

    So we gonna smoke a ounce to this

    G’s up, hoes down, while you motherf—–s bounce to this

    Rollin down the street, smokin indo, sippin on gin and juice

    Laid back (with my mind on my money and my money on my mind”-Snoop Dog

  2. Apparently there area some things you don’t get to see or know “just ’cause you wanna”.

    If you’re going to FOIA something, and continue to waste the time and manpower and tax-payer dollars on silly cr_p, the review board is going to start to think you’re wasting THEIR time too.

  3. Ok I get the political witch hunt by the Bianchi crowd towards someone not in their clique, but why the utter silence on Bianchi’s refusal to prosecute Chip Amati?

    I mean really, a fishing expedition over who a BJianchi foe may be giving personal job recommendations on is a bigger concern to you that ignoring felony misuse of the LEADS system and asking a young girl for “sexy pictures”?

    How about the Bianchi crowd take a short break from trying to solidify power in the County and ask their guy to do his job with the Amati case?

  4. Another example of the lack of “transparency’ in our Government.

    The people have the right to know what our elected Government people do with their time.

    We pay their salary and we the people have the right to evaluate a persons actions in office.

  5. markmcquire and Duncan; Ah, that’d be a “No, they don’t”, and the courts need to tend to much more important things.

    When it comes to petty cr_p like this request, it seems pretty obvious that the review board doesn’t think so either.

    Move on to something worth thinking about, like Obamacare and how it’s going to ruin everybody elses healthcare costs and options.

  6. AZsupporter, are you like Andy’s jock strap.

    He doesn’t need one, there is nothing to support.

    Everything a taxpayer funded person does on the clock in the name of the government organization should be open to everyone.

    Other than an active criminal investigation that could be compromised.

    But Andy discloses those to his campaign supporters.

    I think if an employee is about to be fired for misconduct, he should not be able to resign and get a letter of recommendation from the employer.

    Maybe Cal wants to see what Andy is doing for certain suck hole employees that screwed up.

    There was a pedophile Sgt. that got paid for almost a year after being arrested by the State police and then again by the Feds.

    The citizens deserve to know just WTF is going on in this corrupt county government.

    But a-holes like you want to let Andy and the rest of them hide what they are doing while on our dime and with our dime.

    The MCSO is not a private business.

    If they want privacy they should start their own drug cartel.

    Then Cal couldn’t FOIA them.

  7. I thought this FOIA request went over the top.

    Next they will FOIA if he wears boxers or briefs.

    Does he have his toilet paper over or under.

    Does he scrunch of fold.

    Let’s stick to things that matter.

  8. Glenn, one can only FOIA documents, not random questions.

    It is not a Google request.

    It is a request for documents done by taxpayer paid employees while on the clock.

    We need to know what they are doing and how they are spending OUR money.

    If you don’t like the FOIA requests maybe you should move to Russia or China.

  9. My family was on vacation Thanksgiving Week when the story was broken by the Tribune.

  10. It looks like Duncan Mchenry = Zane Seipler and anotherwatcher need my attention because you both are always mentioning my name.

    Ok little losers, you have my attention, now move along and try to do something useful.

  11. You are correct Sandman, the Zinke Army will never rest until Bill Who is completely defeated.

    We are motivated to stop Mr. Corruption himself, Louis Bianchi and his puppet Bill Who from opening our borders to the flow of corruption into McHenry County.

    STOP Corruption and join the fight against corruption in our county by voting for Undersheriff Andrew Zinke for Sheriff.

    Read and learn about our next elected Sheriff, Undersheriff Andrew Zinke at http://www.zinkeforsheriff.org

  12. “Fukoku” = Kim Zinke

    Oh come on Kim.

    Is that all you got, false allegations against Lou Bianchi?..

    Your husband Andy Zinke is the one connected to the gravy train.

    Remember, the Rita Corporation fiasco or have you been too busy dreaming about those knives of yours?

    The only way to get rid of corruption is to vote for Bill Prim.

    The Andy Zinke and Keith Nygren Circus are the laughing stocks of Mchenry County.

    How long did the Regime think they could watch “Let’s Make a Deal” and “The Price is Right before the tax payers stood up and said no more?…..

    All I can think of is all of the “Crimes Against Humanity”

    It is time to take our Government back and vote for BIll Prim.

    http://www.zinke4sheriff.blogspot.com
    http://www.mchenrycounty1981.com

  13. Fuki nut job, the corruption has been here a long time.

    Your hubby and his boss are a big part of the problem.

    Bill and Lou are going to end it.

    Start sending out resumes for your hubby now, jobs are hard to find.

    We , the citizens, will not rest until all of you are gone.

    We don’t need to read douchebag’s website, we already know what a loser he is.

    Maybe you can do another press release in the NorthWorst Herald about his big accomplishments.

  14. Who or which of you cry babies has the PROOF that Zinke worte ANY letters for/to anybody ON THE CLOCK?

    Anyone?
    Anybody?
    Didn’t think so…….

    NOBODY lives at work; they DO have a life outside their work, and probably also have a computer, printer, and the ability to do things on their own time; oh, never mind.

    Jumping to conclusions is way more fun, adn you have to PROVE nothing.

    I believe the term is “guilty until proven innocent”-Duncan and Gus’s mantra

  15. “Fukoku” = Kim Zinke Oh come on Kim.

    Is that all you got, false allegations against Lou Bianchi?..

    Your husband Andy Zinke is the one connected to the gravy train.

    Remember, the Rita Corporation fiasco or have you been too busy dreaming about those knives of yours?

    The only way to get rid of corruption is to vote for Bill Prim.

    The Andy Zinke and Keith Nygren Circus are the laughing stocks of Mchenry County.

    How long did the Regime think they could watch “Let’s Make a Deal” and “The Price is Right before the tax payers stood up and said no more?….

    It is time to take our Government back and vote for BIll Prim.

    http://www.zinke4sheriff.blogspot.com
    http://www.mchenrycounty1981.com

  16. Is it possible that one may actually be led to think that anyone who received a letter of recommendation from Zinke would be proud of such a letter and come forward publicly?

  17. AZ, it would be a letter on MCSO letterhead.

    It does not matter if he did it in his car, at his house, or at the bar on his off time.

    If he is using county property to create these letters than I and the other taxpayers paid for it and we have the right to know what this clown is doing.

    There is already proof of these letters that have been posted on the blogs.

  18. The letters were provided without names in response to a Freedom of Information request I filed. I’ll try to find them and post them.

  19. Anything Mr. Zinke did on the taxpayers’ dime that was not directly related to his job should be open to the public.

    It IS that simple.

  20. IF Mr. Zinke did inform someone about an ongoing investigation, that should be open to the public too.

    Even if it is somehow technically not illegal, it shows, at best, poor decision making and makes him a questionable candidate for the office of sheriff.

  21. fuko, why can’t stinky follow written McHenry County Sheriffs General Orders ?

    Here are just a few ref the Rita investigation…

    Perhaps this is why his dad Walrus refuses to release the so called “Investigation report” to First Electric Newspaper….

    Andy can not follow General Orders, how do you expect him to be looked upon by the hard working men and women at McHenry County Sheriffs Office ?…

    If its ok for Andy to ignore General Orders in several different incidents, then how can you enforce these ?…

    CALEA where are you ?…You really need to re-look at MCSO.

    MCSO General Order 1.50.008(a) States :

    Except as authorized, employees shall not communicate information
    which might assist persons suspected of or charged with criminal acts.

    MCSO General Order 1.50.044 (a) States :

    Members shall not interfere with investigations being handled by other members of the Sheriff’s Office or by any other governmental agency :

    MCSO General Order 1.50.080 (b) States :

    Whatever an employee sees, hears or learns that is of a confidential nature, will be kept secret unless the performance of a duty or a legal provision requires otherwise.

  22. There is No verification that Undersheriff Andrew Zinke has NOT followed the McHenry County Sheriffs General Orders.

    The ONLY claims that Undersheriff Andrew Zinke has NOT followed the McHenry County Sheriffs General Orders, is from a small group of misfits on this blog.

  23. Fuky nut job, up late again I see. Were you making a porn video with sis or just worried about your hubby being unemployed.

    The judge has given out the Stinky/Rita report already.

    It’s just a matter of time before it is all over the blogs.

    Any moron, except you of course, can plainly see that he violated the departments general orders.

    It’s funny how the Stinky campaign headquarters was part of a DEA investigation.

    The group of “misfits” is growing every day.

    Even if Stinky wins a rigged election, we will still be here looking over his shoulder every second.

  24. Hey Fuko,..let me explains something..

    1.050.75(a) states :

    Employees shall not use their Departmental position, uniform, badge, or credentials for solicitation of funds or other goods nor attend any such functions as a representative of the Department except as sanctioned by the Sheriff.

    You Know, like attend Port Edwards Zinke fundraiser while in MCSO UNIFORM, or the Nunda Twsp Parties, or like the Parades,..SINCE STINKY REGISTERED AS ZINKE FOR SHERIFF on the roster, NOT MCSO .

    HOW ABOUT THIS ONE..

    1.5.064(a) states :

    Members shall not fail to work diligently, nor in any way inconsistently with the image of a professional Sheriff’s Office employee, including but not necessarily limited to:….
    a1) states : Unnecessary shouting or using obscene language, gestures, or actions.

    Unnecessary using obscene gestures ?…OBSCENE =offensive to the mind.
    Gesture = Show,express or direct through movement of the finger or hands.

    WOW..So Zinke while driving a marked McHenry County Sheriffs Squad car makes a very upsetting obscene gesture by use his middle finger at someone that he didn’t like…TO ME STINKY ZINKE ONCE AGAIN VIOLATES YET ANOTHER MCSO GENERAL ORDER. .i wished i saved a copy of that picture, but don’t..does anybody out there still have that picture to post on this blog.

    Again, how does this clown expect anyone to take him serious if he himself violates General Order and General Order over, and over, and over again ?

    McHenry County citizens deserve the best when it comes to our next Sheriff, and thats Mr. Bill Prim !.

    And didn’t Zinke wife go crazy and yell F ^() words in front of little children during parade?..Class act again by another example of zinke.

  25. I have read your explanations and that is the reason why I call you facts of crap.

    Let us examine your hypothesis with simple reasonable common sense.

    Let us start with the upsetting obscene gesture by using his middle finger at someone that he didn’t like. T

    hat someone was Cal Skinner, who filed an ethics complaint against Undersheriff Andrew Zinke.

    Undersheriff Zinke’s defense was he was holding the roof of a vehicle with his middle finger instead of all fingers.

    The McHenry County Ethics Commission voted 4-0 that Cal Skinner’s ethics complaint against Undersheriff Andrew Zinke was not sufficient.

    This matter is NOW closed.

    Now we have the issue of Undersheriff Andrew Zinke’s wife using the F-Word during a parade in Crystal Lake.

    This accusation came from the only reported eyewitness in a crowned parade, former Deputy Scott Milliman, who was terminated by McHenry County Sheriff Keith Nygren.

    Scott Milliman also has a wrongful termination suit against the county and is obviously a member of the Misfit Club against Undersheriff Andrew Zinke for personal reasons.

    Therefore, Scott Milliman has no credibility and is a close friend of a well known liar, Zane Seipler = Duncan Mchenry.

    As for Undersheriff Andrew Zinke attending Port Edwards fundraiser while in uniform, badge, and credentials, I have no information to support your claims.

    What I do know is that in Undersheriff Andrew Zinke’s Website and Facebook to elect him Sheriff, he does not appear in his uniform, badge, or credentials.

    Therefore, I must conclude that your facts are crap.

    However, you do bring up an excellent point that should be investigated.

    In Bill Who’s Website and Facebook, he appears to be wearing an unidentified uniform with a badge and credentials.

    I wonder if that is ethical?

Leave a Reply

Your email address will not be published. Required fields are marked *