McHenry County Hit with Freedom of Information Violation Suit for Denial of Information about Electronic Building Entrance and Exit Data for Jack Franks’ Patronage Employees

Kelley Liebmann

Greenwood Township Trustee Kelly Liebmann has sued McHenry County for refusing to turn over work records of Chairman Jack Franks’ two patronage employees.

Liebmann asked for “records of electronic entrance cards for

  • Communications Specialist Kevin Craver and
  • Executive Assistant to Board Chair Bridget Geene[n] from January 2019 to present.

“Kevin Craver and Bridget Geene[n] are McHenry County Board Chairman Jack Franks’ staffers.”

The County denied the request.

The suit notes this from the Freedom of Information Act, “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.”

The request was “denied the request in its entirety pursuant to Section 7(1)(d)(vi) of FOIA.

“The cited exemption only applies to ‘records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes.” 5 ILCS 140/7(1)(d)(vi).

The suit, filed by attorneys Matthew Topic and Joshua Burday of Lovey and Lovey, points out, “The requested electronic entrance card records are not in McHENRY COUNTY’s possession for law enforcement purposes.”

“In addition,” the filing continues, “cited exemption only applies if release of the records ‘would endanger the life or physical safety of law enforcement personnel or any other person.’”

The case contends the denial is a “willful violation” of the FOIA.

Franks himself provided the reply denying access to the requesred information:

From: Jack Franks <JDFranks@mchenrycountyil.gov>
Date: February 3, 2020 at 4:31:32 PM CST

McHenry County is in receipt of your FOIA request in which you are seeking copies of records of electronic entrance cards for Kevin Craver and Bridget Geenen from January 2019 to present.  The documents you requested are exempt from disclosure pursuant to 5 ILCS 140/7(1)(d)(vi), which exempts documents that:

                (vi) endanger the life or physical safety of law enforcement personnel or any other person.

Your request is therefore denied.  You have a right, under 5 ILCS 140/9.5(a), to have the denial of your request reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General. 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, Illinois 62706

Fax: 217-782-1396

E-mail: publicaccess@atg.state.il.us

You also have the right, under 5 ILCS 140/11, to seek judicial review of your denial by filing a lawsuit in circuit court. If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this denial. Please note that you must include a copy of your original FOIA request and this denial when filing a Request for Review with the PAC.

Thank you,

Jack D. Franks

Chairman, McHenry County Board

2200 N. Seminary Avenue, Woodstock, Illinois  60098

815-334-4224


Comments

McHenry County Hit with Freedom of Information Violation Suit for Denial of Information about Electronic Building Entrance and Exit Data for Jack Franks’ Patronage Employees — 17 Comments

  1. Does anybody remember something similar to this happening within the last 5 years somewhere in McHenry County (and what was the outcome)?

    I swear I remember someone using that “public safety” argument to deny a FOIA and thought it sounded very stupid and unconvincing.

  2. Franks has gone bananas trying to exercise complete control like his mentor, Mike.

  3. Yet another Jack Franks’ scandal brought to you by this sunshine blog, the shining city in the journalism hill. This is definitely bringing Jack Franks down. I know I’ve said that a trillion times, but who cares…tic, tock, tic, tock, tic, tock, hug a blogger, tic, tock, tic, tock, tic, tock, meeeeeeoooooooowwwwwwwwwwwwww…

  4. LyingJackFranks is still screwing the pooch, only this time it’s going to cost the taxpayer real money.

  5. Angel, jack Franks brings Scandals on himself.

    No one can create them but him.

    get a clue.

    For a school teacher you are not a bright man are you.

  6. This case reminds one of the Whitehouse entrance log which was public during the regime of Barak Hussein Obama. That log showed that a far left wing extremist named Soros, who was convicted of insider trading in France, had come and gone numerous times into the Whitehouse. The log also showed that Al Sharpton, an advisor to Obama had come and gone numerous times into the Whitehouse. Sharpton was the guy involved with the fraudulent Tawana Brawly case in NY. Imagine, Obama and/or his people consulting with and getting advice from Soros and Sharpton. Says a lot about his administration.

  7. “But, Jack Franks is a lawyer.”

    Then he should know the law regarding sexual harassment, possessing expert knowledge of what a violation is.

  8. @Pete Sonneburg “But, Jack Franks is a lawyer.”

    Then he should know the law regarding sexual harassment, possessing expert knowledge of what a violation is.

    Speaking of exit logs. . . anyone hear anything about Jacko’s forced exit and ban from the Capitol complex?

    Let’s not let this matter be hidden beneath the Covid-19 situation.

    Yeah, Covid-19 is important and dangerous to the general public.

    Jacko’s scandal is important and potentially fatal to his political career.

    Let’s keep the fires burning.

    It needs to be kept in front of the voter’s before this election.

  9. Does the teacher give a copy of his posts to his principal and students?

  10. Best of luck Kelley!

    You’ll need with the corrupt judges of McH county!

    Like the sliem-iel!

  11. Isn’t Jack Franks’ patronage employee, Kevin Craver, a former editor of the Northwest Jack Franks Herald..?

  12. Agree with give us a break

    this needs to be raised repeatedly all the way through the November election.

    Add Kelly Liebmann’s request to that message too.

    There’s some serious baggage out there.

    The voting public needs to be continually educated about this man.

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