Attorney General Considering Appeal of Algonquin Township’s Denial of Subpoena

I filed a Freedom of Information Request for

“any subpoenas that have been served on any Alg Twp Official.”

On June 29th, McHenry County Blog published Algonquin Township Clerk Karen Lukasik’s reply:

“Your request is denied pursuant to 5 ILCS 140/7 (1) (a) because the request is for information specifically prohibited from disclosure by State law.”

I thought the reference to the FOIA meant subpoenas were exempt from disclosure, but commenter Mark, a prodigious researcher, pointed me to a May 9, 2017, Chicago Tribune article which had these paragraphs:

“In a groundbreaking decision, an Illinois appellate court Tuesday Ruled the College of DuPage Foundation is subject to the state’s open records law and ordered that it turn over a federal subpoena the Tribune requested under the Freedom of Information Act.”

“In March 2016, Gibson ruled that the foundation is subject to open records requests because it conducts government business and that the subpoena is a public document.”

Referencing that article, I appealed Algonquin Township’s denial.  My email is below:

Please consider this an appeal to the denial for “any subpoenas that have been served on any Alg Twp Official.”

I am inspired to make this appeal by the court decision written about in the Tribune article linked below:

http://www.chicagotribune.com/news/watchdog/ct-college-of-dupage-foia-appeal-ruling-20170509-story.html

Yesterday afternoon, the Public Access Counselor of the Illinois Attorney General’s Office wrote Algonquin Township Clerk Karen Lukasik the following:

“The Public Access Bureau has received the attached Request for Review of the response by Algonquin Township ( Township) to a Freedom of Information Act ( FOIA) request submitted by Mr. Cal Skinner.

“We have determined that further action is warranted.

“On June 26, 2017, Mr. Skinner submitted a FOIA request to the Township seeking copies of any subpoenas served on any Township officials.

“On June 28, 2017, the Township denied the request in its entirety pursuant to section 7( 1)( a) of FOIA ( 5 ILCS 140/ 7( 1)( a) ( West 2016)), stating that ” the request is for information specifically prohibited from disclosure by State law[,] but the Township did not cite any such State law.

“On June 29, 2017, Mr. Skinner submitted the above-captioned Request for Review contesting the Township’s denial.

“As required under section 9. 5( c) of FOIA (5 ILCS 140/ 9. 5(c) ( West 2014)), please provide this office with unredacted copies of the records responsive to Mr. Skinner’ s request for this office’s confidential review, together with a detailed explanation of the factual and legal bases for withholding them pursuant to FOIA.

“This information must be submitted to our office within seven (7) business days after receipt of this letter. Under FOIA, “[t]he Public Access Counselor shall forward a copy of the answer to the person submitting the request for review, with any alleged confidential information to which the request pertains redacted from the copy.

“If you claim that any portion of your written response is confidential, please send two versions of your response letter: a complete copy for this office’ s confidential review and a redacted version suitable for this office to forward to the requester.” [Emphasis in the original.]


Comments

Attorney General Considering Appeal of Algonquin Township’s Denial of Subpoena — 26 Comments

  1. Leave it to Mark! And Cal to use that info!

    It really does take a village to drain a swamp!

    Good going!

  2. It doesn’t take a village to do anything. Quit quoting a murdering liar. Two smart guys get the credit for being doggedly determined.

  3. New Clerk, new almost everybody at Alg township.

    Takes some time to get all the rules straight.

    People do like to play politcal games if they think they can at least delay the info they don’t want out.

    Plenty of OMA and FOIA political games being played by the newly elected at Alg Twh.

    The Team Transparency isn’t really so transparent.

  4. Nob – Geesh – Clerk has posted on her facebook and other social media about her open support for Miller even running on on his ticket.

    Funny how Big Gov leftists can only connect dots of others but can’t seem to connect the obvious about themselves.

  5. Gee Cal, why haven’t you posted the court order posted AGAINST Gasser and Hanlon yesterday by Judge Caldwell. Thought you were into reporting the news honestly, does that only apply when it’s good for your Side?

    Guess the clerk is right as to who is in charge of the records. Guess Gasser was wrong. Guess you are also.

    I suspect Gasser is on the fast track to lose the suit he filed against the clerk and millers

  6. You are the first to inform me of that.

    I’ll try to obtain it.

  7. Gee Cal, you seem to know about the court dates. I hear you were there for the last one…………….this is the beginning of the end for Gasser and the publicity machine

  8. I post what you asked for at 9:11 and I don’t even get a “thank you.”

  9. Froggy old news.

    If you’d insert “and righties” I’d agree.

  10. Ms. Transparent, aka Clerk Karen Lukasik (aka “keeper of all records”) has repeatedly ignored my requests for documents as a board member entitled to all, uncensored Township records, including legal filings and subpoenas.

    I have had to obtain certain copies from McHenry County Clerk because of her lack of “transparency.”

    If this is how transparent she is with the board itself, good luck, public citizens.

    One would think she’d want to avoid yet another lawsuit on the backs of the taxpayers, but who knows?

  11. With records flying all over the place I can understand the reluctance to hand out more.

    Make a appointment with her, get the files ya want copied right away, so the originals can be put back and locked up.

    While your there is how much Ryan is making and post it as asked.

    No violation of OMA and no need for FOIA.

    Tic tic thx.

  12. I would love to make an appointment, but she “doesnt keep regular hours.”

    FOIA all our emails and you’ll see my attempts to get records from her.

    Anyone who runs for clerk should know that providing the board with documents is essential for the board to function and make informed decisions.

    As for Supervisor staff, trustees don’t set their salaries.

    Send an email and find out(-just not to Karen Lukasik if you want an answer back).

  13. I got the answer back from her already.

    $59k plus unknown benefits at this time!

    Take your own advice, The “Other Side” isn’t dumb.

    Play nice, rocks thrown just seem to fly back from where they came.

    Call or email her, ask to be Facebook pal.

    I’ll except your request.

  14. I haven’t called anyone dumb; I’m just trying to do my job.

    Glad you got a response, Nob.

  15. Your Facebook post about knowing the other side that refers.

    Make the call, and good night.

  16. Good job, nob. (You CAN teach an old dog new tricks!) He’s actually becoming aware of the language. Proud of you. {clap, clap, clap} (I won’t mention all the other words that are messed up; but it’s a really good start.)

  17. Cal, post the motion for the last court order. It would be nice to see what lead to the judge’s ruling.

  18. If information is not being provided, board members can submit FOIA requests to the body they represent.

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