3900 West Roosevelt - Police Shooting (Office of Emergency Management and Communications)

Dear Freddy :

Thank you for your interest in information from the Office of Emergency Management and Communications (OEMC). Your FOIA request has been received and is being processed. Your FOIA Center reference number for tracking purposes is: F182320-120618
You have requested the following records: Office of Emergency Management and CommunicationsFOIA Office121 North LaSalle DriveChicago, IL 60602December 6, 2018To Whom It May Concern:Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:According to the Chicago Tribune there was a police shooting in Chicago today (source: https://www.chicagotribune.com/news/local/breaking/ct-met-police-shooting-lawndale-20181206-story.html?utm_source=dlvr.it&utm_medium=twitter)A statement of facts:- The government that investigates police shootings is COPA and not your agency.- There are FOIA training manuals, released by your department (source: https://cdn.muckrock.com/foia_files/2018/11/16/P454308_FOIA_Guide_for_Law_Enforcement.pdf) that state:Section 7(1)(d)(i) Exemption (Pending Law Enforcement Proceedings) Under section 7(1)(d)(i) of FOIA (5 ILCS 140/7(1)(d)(i) (West 2016)), a law enforcement agency may withhold records to the extent disclosure would "interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is _the recipient ofthe request_ [EMPHASIS ADDED] [.]" A public body has the burden to prove by clear and convincing evidence that the disclosure of the records would in fact interfere with a pending or actually and reasonably contemplated law enforcement proceeding. Conclusory statements that the disclosure of records would obstruct a law enforcement proceeding are insufficient to support the assertion of the pending law enforcement proceeding exemption. See Day v. City of Chicago, 388 Ill. App. 3d 70, 74-77 (1st Dist. 2009). The PAC has consistently determined that the mere fact that an investigation is underway is not, by itself, enough for a public body to meet this burden.See, e.g., Ill. Att'y Gen. PAC Req. Rev. Ltr. 33927, issued May 6, 2015, at 3; Ill. Att'y Gen. PAC Req. Rev. Ltr. 30828, issued March 18, 2015, at 3. Factors that are considered in determining the applicability of section 7(1)(d)(i) include the nature of the offense, the stage of the investigation or prosecution, and the sensitivity of the investigatory records. Ill. Att'y Gen. PAC Req. Rev. Ltr. 34970, issuedAugust 24, 2015, at 2 (public body properly withheld laboratory results and analysis related to serious crime that continued to be investigated). This exemption applies only to ** law enforcement proceedings conducted by the agency that received the request** [EMPHASIS ADDED] . See, e.g.,Ill. Att'y Gen. PAC Req. Rev. Ltr. 36612, issued November 10, 2015, at 4.- An additional training manual (source: https://cdn.muckrock.com/foia_files/2018/11/16/P454308_CPD_Training_PowerPoint.pdf) , again released by the Chicago Police Department, further confirms that only a law enforcement agency that is the *recipient* of the a FOIA request that conducts law enforcement proceedings may apply a section 7(1)(d)(i) exemption.Therefore: I request under the Illinois FOIA law any and all records related to the police shooting including dashboard cameras, video recordings, text messages or other forms of communications that your agency may hold.The requested documents will be made available to the general public, and this request is not being made for commercial purposes.In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.Sincerely,Freddy MartinezFiled via MuckRock.comE-mail (Preferred): 65074-95114180@requests.muckrock.comUpload documents directly: https://www.muckrock.com/accounts/agency_login/office-of-emergency-communications-6313/3900-west-roosevelt-police-shooting-office-of-emergency-management-and-communications-65074/?uuid-login=61355a3d-46ca-4621-ba61-cbbc15f2cef0&email=OEMCFOIA%40cityofchicago.org#agency-replyIs this email coming to the wrong contact? Something else wrong? Use the above link to let us know.For mailed responses, please address (see note):MuckRock NewsDEPT MR 65074411A Highland AveSomerville, MA 02144-2516PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
The Office of Emergency Management and Communications (OEMC) responds to all public records requests in accordance with the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq.  If further time is needed to assemble and copy all documents responsive to your FOIA request, we will contact you with a time estimate and a request to extend. You can monitor the progress of your request at the link below and you’ll receive an email when your request has been completed. Thank you for using the Chicago FOIA Center. To monitor the progress or update this request please log into the
Chicago Public Safety Record System. (https://chicagops.mycusthelp.com/WEBAPP/_rs/SupportHome.aspx?sSessionID=[SESSION_ID]&lp=7&COID=66DE2264)

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FFICE OF MERGENCY ANAGEMENT ND OMMUNICATIONS
CITY OF CHICAGO
December 7, 2018
Mr. Freddy Martinez
requests@muckrock.com
Dear Freddy: RE: FOIA Request #F182320-120618
On behalf of the Office of Emergency Management and Communications (OEMC), I am responding to your Freedom of Information (FOIA) request that our office received on December 06, 2018, wherein you requested the following information: "Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:
According to the Chicago Tribune there was a police shooting in Chicago today (source: https://www.chicagotribune.com/news/local/breaking/ct-met-police-shooting-lawndale-20181206-story.html?utm_source=dlvr.it&utm_medium=twitter)
A statement of facts:
- The government that investigates police shootings is COPA and not your agency.
- There are FOIA training manuals, released by your department (source: https://cdn.muckrock.com/foia_files/2018/11/16/P454308_FOIA_Guide_for_Law_Enforcement.pdf) that state:
Section 7(1)(d)(i) Exemption (Pending Law Enforcement Proceedings) Under section 7(1)(d)(i) of FOIA (5 ILCS 140/7(1)(d)(i) (West 2016)), a law enforcement agency may withhold records to the extent disclosure would "interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is _the recipient of
the request_ [EMPHASIS ADDED] [.]" A public body has the burden to prove by clear and convincing evidence that the disclosure of the records would in fact interfere with a pending or actually and reasonably contemplated law enforcement proceeding. Conclusory statements that the disclosure of records would obstruct a law enforcement proceeding are insufficient to support the assertion of the pending law enforcement proceeding exemption. See Day v. City of Chicago, 388 Ill. App. 3d 70, 74-77 (1st Dist. 2009). The PAC has consistently determined that the mere fact that an investigation is underway is not, by itself, enough for a public body to meet this burden.
See, e.g., Ill. Att'y Gen. PAC Req. Rev. Ltr. 33927, issued May 6, 2015, at 3; Ill. Att'y Gen. PAC Req. Rev. Ltr. 30828, issued March 18, 2015, at 3. Factors that are considered in determining the applicability of section 7(1)(d)(i) include the nature of the offense, the stage of the investigation or prosecution, and the sensitivity of the investigatory records. Ill. Att'y Gen. PAC Req. Rev. Ltr. 34970, issued
August 24, 2015, at 2 (public body properly withheld laboratory results and analysis related to serious crime that continued to be investigated). This exemption applies only to ** law enforcement proceedings conducted by the agency that received the request** [EMPHASIS ADDED] . See, e.g.,Ill. Att'y Gen. PAC Req. Rev. Ltr. 36612, issued November 10, 2015, at 4.
- An additional training manual (source: https://cdn.muckrock.com/foia_files/2018/11/16/P454308_CPD_Training_PowerPoint.pdf) , again released by the Chicago Police Department, further confirms that only a law enforcement agency that is the *recipient* of the a FOIA request that conducts law enforcement proceedings may apply a section 7(1)(d)(i) exemption.
Therefore: I request under the Illinois FOIA law
any and all records related to the police shooting including dashboard cameras, video recordings, text messages or other forms of communications that your agency may hold.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Freddy Martinez
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/accounts/agency_login/office-of-emergency-communications-6313/3900-west-roosevelt-police-shooting-office-of-emergency-management-and-communications-65074/?uuid-login=61355a3d-46ca-4621-ba61-cbbc15f2cef0&email=OEMCFOIA%40cityofchicago.org#agency-reply
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 65074
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable."
First, with respect to " ", please be advised the OEMC is not the keeper of records. dashboard cameras and text messages Please be aware that each City department is a “public body” under Section 2 of FOIA, 5 ILCS 140/2(a). See Duncan Publishing, Inc. v. City of Chicago, 304 Ill. App. 3d 778, 784, 709 N.E.2d 1281, 1286 (1 ST Dist. 1999) (“Clearly, each of the individual departments are subsidiary bodies of the City and are ‘public bodies’ as defined by the FOIA.”)  A FOIA request must be directed to the department that maintains the records you are seeking.  Please visit the City’s website @ https://www.cityofchicago.org/city/en/narr/foia/foia_contacts.html for a list of City FOIA Departments and the records each maintains. Please be advised at this time that records in the possession of the OEMC regarding the incident in your inquiry are exempt from production pursuant to 5 ILCS 140(7)(1)(d) of FOIA which exempts: 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, but only to the extent that disclosure would: (i) Interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request; (ii) Interfere with active administrative proceedings conducted by the public body that is the recipient of the request; [or] (iii) Create a substantial likelihood that a person will be deprived of a fair trial or an impartial hearing Please also be advised that both the Civilian Office of Police Accountability (COPA) and the Chicago Police Department have open investigations in this matter. . As well, the Chicago Police Department also has an open investigation for a portion of this incident. COPA has not completed its fact finding and analysis, and the public release of these records could affect the recollection of witnesses who have not yet been interviewed . Detectives are also following leads, conducting interviews, developing information and reviewing evidence as the investigation takes its course . Releasing such sensitive information at this time would impede the investigation in that it would provide anyone involved in the incident insight as to the direction of either department’s investigation, and the ability to threaten witnesses or destroy or manipulate evidence All r ecords in the possession of the OEMC are an integral part of the investigatory process as the preliminary investigation starts with the 9-1-1 call . Keep in mind that the Chicago Police Department works in conjunction with the City of Chicago's 9-1-1 Center/OEMC as their communication base. Emergency calls for police service are received and dispatched through the OEMC creating an interdependence of records between the two departments.  Therefore, the OEMC must prohibit dissemination while this open investigation is in progress. Furthermore, w hen a police officer involved shooting takes place, an immediate investigation ensues by the Civilian Office of Police Accountability (COPA). and are exempt from disclosure While this investigation is in progress, records maintained by the OEMC are put on hold for COPA's review . during that time Please be aware that as of 2016, the City of Chicago has adopted a policy that requires COPA to release to the general public through their data portal, Once this investigation has concluded, all records on police involved shootings including audio, video and police reports from both the OEMC as well as the Chicago Police Department. hese records are to be made available 60 to 90 days from the date of incident You may obtain those records within that timespan by visiting the COPA data portal website at http://www.chicagocopa.org www.FOIA.gov states “ As stated above, once COPA releases the information you seek after ...first see if the information is already publicly available. You can find a lot of useful information on individual agency websites...". you will be able to obtain these records from their site. 60-90 days,
To the extent that your FOIA request has been denied, you have a right of review by the Illinois Attorney General’s Public Access Counselor, who can be contacted at 500 S. Second St., Springfield, IL 62706 or by telephone at (217) 558-0486.  You may also seek judicial review of a denial under 5 ILCS 140/11 of FOIA.
Sincerely,
M. G. Tracy OEMC FOIA
Freedom of Information Officer
Office of Emergency Management & Communications
312-746-9403
To monitor the progress or update this request please log into the
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