McHenry County Blog

Crystal Lake City Hall.

This past spring I asked various municipalities to provide emailed lists of their employees who made over $75,000 in salary and fringe benefits.

Many complied with the names and compensation information.

The City of Crystal Lake sent the information, but only by job title and for that information I was referred to the City web site.

I appealed to the Illinois Attorney General’s Public Access Division on two grounds:

• the response was not by email
• the response did not include employee names

November 15th Assistant Attorney General Steve Silverman sent a four-page letter affirming the appeal.

To my request for an email response, the Public Counselor’s Office ruled that referring me to the City web site, “does not satisfy the requirement that a public body furnish a requested with a copy of the record in electronic format.”

While I contended that the information had to be posted by name, the City contended, “[n]other in Section 7.3 or anywhere else in the O[pen] M[eetings] A[ct] requires public bodies to list the names of employees.”

The Assistant Attorney General agreed that “Section 7.3(a) is ambiguous to the extent that its language is silent as to whether employees may be identified by name or by title.”

But, puts out that in legislative debate on the law, which was part of reforms intended to prevent ‘pension abuses’ such as ‘spiking,” Rep. Karen May made reference to both terms. “Pension spiking” refers to giving an employee a large raise right before retirement, the letter notes.

“To detect pension abuses such as spiking, it is necessary to be able to compare the compensation and benefits of individually identifiable employees to their previous levels of compensation,” the letter continues.

“…To interpret Section 7.3(a) of OMA to permit public bodies to ‘identify’ individuals by job title rather than by name would impede the public’s access to information needed to detect pension and compensation abuses…Thus, the public is entitled to information regarding the compensation and perquisites of individual public employees.’

“We conclude that the City violate Section 7.3(a) of the O[pen] M[eetings] A[ct] by failing to post the names of employees whose total compensation packages exceed $75,000 per year. Accordingly, we request that the City immediately revise the information posted on its website to include the names of those employees, and also provide Mr. Skinner with an electronic copy of the salary compensation for those employees.”

The City has complied with the Public Access Divisions’ request.

Here’s a post card mailed to Fox River Grove Fire Protection District President Michael Kunz at the fire station address.

On night last week, I shot off 20-30 Freedom of Information requests for emails from announced McHenry County Sheriff candidate Andy Zinke.

I’ve gotten a lot of replies.

Today I received my first rejection.

It was from the Village of Spring Grove, the town that just approved video slot machines in its taverns.

Needless to say, I appealed the denial to the Public Access Counselor of the Illinois Attorney General’s Office.

One has to wonder why a village would deny a document which is in its possession.

The folks I can see who will win here are the lawyers who answer the reasons why the denial was make.

= = = = =
I have been informed by a village official that Ancel, Glink, Diamond, Bush, DiCianni and Krafthefer represent the village.

You can read the names provided after a previous Freedom of Information request.

The first time I asked, I had no problem getting applications from those applying for the vacant McHenry County Superintendent of Schools post.

This is the elected official, you will recall, whose shoes have been filled by the Lake County Regional Superintendent of Education.

The clerical folks are still pushing the teachers’ and other paperwork, but, when signatures are needed, the Lake County official has kindly agreed to affix hers.

After the last nominee withdrew, three school board members, past and present, wrote comments that the post was unneeded.

Now, it’s

“TOP SECRET, HUSH, HUSH!”

I’m guessing it’s because a daughter of a former elected county official is interested in the job.

Undoubtedly qualified, considering the statutory requirements.

But, come on.

Even the Circuit Court releases the names of applicants for Associate Judge vacancies.  Surely that’s are more important than a Regional Superintendent of Schools vacancy.

Here’s the reason for hiding the name or names.  It involves

“an unwarranted invasion of personal privacy due to the disclosure of information that may be highly personal or objectionable to a reasonable person in which the person’s privacy outweighs any legitimate public interest in obtaining the information.”

What’s that all about?

Think “a reasonable person” might decide to vote against such a person if the information surfaced before the fall election in which the appointee will be on the ballot?

In any event, here is the Freedom of Information denial letter. Read it for yourself.

On September 23, I filed an appeal to McHenry County’s denial of my Freedom of Information request for “copes of the bills that were submitted by Special Prosecutor Tonigan,” plus for “any for consultants, investigators, or anything else submitted.”

“No, no, Cal, you can’t see those” is my summary of the reply denying my request.

And, from what I have been told by County Board members, they have not been allowed to see the bill submitted by Henry Tonigan either.

Having served as McHenry County Treasurer, in the United States Budget Bureau, on the Illinois Legislative Audit Commission and various appropriations committees, I’m trying to figure out how county decision-makers can in good faith pay bills on a “trust me” basis.

October 4th the letter you see was sent from the Public Access Counselor’s office of the Attorney General.

Signed by Assistant Attorney General Sunil Bhave on behalf of Public Access Counselor Cara Smith, the letter is a variation of

“Show me the money.”

Or at least how it was spent.

Click to enlarge any image.

“We have concluded that further inquiry (emphasis in the original) is warranted.

“FOIA does not include a Section 7(1)(c)(viii). While a prior version of FOIA included a Section (1)(c)(viii), FIA was amended on January 1, 200.

“Thus, McHenry County is directed

• to provide us with a detailed explanation as to why it contends that the requested information falls within the purview of the purported exemption.
• Finally, McHenry County is directed to provide us with a copy of the information responsive to Mr. Skinner’s FOIA request for us to review in determining whether any exemption claims have been property asserted.”

Within working seven days, please.

As the Laugh-In Nazi would say,

“Ver-r-r-r-r-r-y

In-ter-r-r-r-es-s-s-s-ting.”

This is getting amusing.

You will remember that I think the public has a right to see the billings of Special Prosecutor Henry Tonigan.

I have been denied those billings by both the County Board and County Auditor Pam Palmer.

All I really wanted to see was how much had been spent on computer forensic work so I could compare it to the, what, $20,000 Ancel Glink spent on the Grafton Township separation of powers case.

Not only can’t I see the detailed bills, but I can’t even see the court order directing payment of Tonigan’s bills.

And the county won’t reveal how much Tonigan and his assistant are billing per hour.

So what did I ask for next?

“Under the Freedom of Information Act, I request some part of the court order which will identify which judge has authorized, that is, ordered the payment of Special Prosecutor Henry Tonigan’s bills.”

Guess what?

I can’t get that either.

“Please refer to my denial response forwarded to on Friday Sept. 24th in regard to your FOIA request of Sept. 27.  The information you have requested in your Sept. 27th FOIA request falls within the scope of that denial.

“Therefore, your Sept. 27th request is denied.”

OK.

Another denial.

Another appeal to the Illinois Attorney General’s Office.

How much sense does it make to hide the name of the judge who ordered the payment?

The Leyden Township billboard tells "Johns" they could pay $2,150, if arrested for solicitation.

Going after the family vote, I suppose, Cook County Sheriff Tom Dart is conducting a highly publicized campaign against “Johns,” the customers of prostitutes.

It must be a bigger problem than in McHenry County.

The sign outside Suite 101 says, "The Healing Touch."

And, anyway the Illinois State Police raid on the massage parlor in the old Northwest Herald building next to Nick’s Pizza on Pyott Road was within the boundaries of Crystal Lake.

So, Sheriff Keith Nygren probably won’t follow Sheriff Dart’s billboard example.

But, State Police Colonel Rob Haley denied my Freedom of Information request for the police report on the arrest of Lan Rui He, age 31, who lived in an apartment on Darlington Lane, writing,

“The case is still being actively investigated and is an open investigation.  The requested information is withheld per the freedom act’s provisions regarding

• interference with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency (5ILCS 140/7(1)(d)(i),
• obstruct an ongoing criminal investigation (5ILCS 140/7(1)(d)(vii),
• private information (5ILCS 140/7(1)(b), and
• create a substantial likelihood that a person will be deprived of a fair trail or an impartial hearing (5ILCS 140/7(1)(d)(iii).

He continues,

900 Pyott Road, Crystal Lake, where the prostitution arrest was made.

“Pursuant to ISP media guidelines, the following information is provided:

“The Illinois State Police North Central Narcotics Task Force arrested Lan Rue He, female, age 31, 5801 Darlington Lake,  Crystal Lake for Prostitution (11-14a Class A) on July 29, 2010 at 1:30 at 900 Pyott Road, Crystal Lake.  Bond is $1,000 ($100 cash – 10%).”