FOIA - Chicago Mayor's Office - Prep Docs for MLL/NYC Mayor Press Conference

J Ader filed this request with the Mayor's Office of Chicago, IL.
Submitted March 18, 2022
Est. Completion None
Status
Awaiting Appeal

Communications

From: J Ader

Subject: Illinois Freedom of Information Act. Request: FOIA - Chicago Mayor's Office - Prep Docs for MLL/NYC Mayor Press Conference

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To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

On the date of Friday, March 18th, at 3:00 PM Central at City Hall, Room 501-A, 121 N. LaSalle St. Chicago, IL 60602 a News Conference pertaining to "community safety" was held by Mayor Lori Lightfoot accompanied by NYC Mayor Eric Adams with press.

I am requesting all documents - including talking points, speaking notes, slides (PowerPoint, etc.) generated by the any member of the Chicago Mayor's Office (including Mayor Lori Lightfoot herself) as preparatory pieces/aides - for the aforementioned event.

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,

J Ader

From: Mayor's Office

Subject: [Records Center] Office of the Mayor :: F018933-031822

Email

--- Please respond above this line ---


March 25, 2022 Jade Ader Via at requests@muckrock.com RE: PUBLIC RECORDS REQUEST of March 18, 2022, Reference # F018933-031822. Dear Jake Ader, This correspondence is in response to the Freedom of Information Act ("FOIA") request received by the City of Chicago Office of the Mayor on March 18, 2022. You requested: "Requesting on the date of Friday, March 18th, at 3:00 PM Central at City Hall, Room 501-A, 121 N. LaSalle St. Chicago, IL 60602 a News Conference pertaining to "community safety" was held by Mayor Lori Lightfoot accompanied by NYC Mayor Eric Adams with press.
I am requesting all documents - including talking points, speaking notes, slides (PowerPoint, etc.) generated by the any member of the Chicago Mayor's Office (including Mayor Lori Lightfoot herself) as preparatory pieces/aides - for the aforementioned event."
The Mayor's Office prepared speaking notes for the press conference on March 18, 2022 with Mayor Adams.  Otherwise, there are no responsive records.  We are withholding these speaking notes under Section 7(1)(f) of FOIA.  That section exempts:

Preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body.

5 ILCS 140/7(1)(f). The U.S. Supreme Court has determined that the deliberative process exemption under FOIA focuses on documents that reflect “advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated.” NLRB v. Sears and Roebuck, 421 U.S. 132, 150-151 (1975).  The purpose is to encourage “frank discussion of legal or policy matters” such that employees in government feel free to express their opinions before a final legal or policy decision is made. “Deliberative” has been found to mean being a direct part of the process where recommendations and opinions are expressed. Vaughn v. Rosen, 523 F.2d 1136, 1143-44 (D.C. Cir. 1975). Records where preliminary opinions are expressed and policies and actions are formulated are therefore exempt from production under Section 7(1)(f) of the Illinois FOIA, and have been properly withheld.
You have the right to have a denial reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General, 500 S. 2nd Street, Springfield, Illinois 62706, (877) 299-3642. You may also seek judicial review of a denial under 5 ILCS 140/11 of FOIA. If you have any questions or need additional information, please feel free to contact my office at 312-744-3844. Sincerely, Thomas Skelton
FOIA Officer
Mayor's Office

From: J Ader

Subject: RE: Illinois Freedom of Information Act. Request: FOIA - Chicago Mayor's Office - Prep Docs for MLL/NYC Mayor Press Conference

Mail

Hello,

This is an appeal under the Freedom of Information Act.

On March 18th, 2022, I requested documents from The City of Chicago Office of the Mayor under the Freedom of Information Act. My request was assigned the following identification number: F018931-031822. On March 25th, 2022 I received a response that my request was denied - "We are withholding these speaking notes under Section 7(1)(f) of FOIA" was what I was told.

I am appealing this request in the sense that I question the merit of the exemption provided as a justification to withhold the speaking notes in based on their contents.

Attached you will find my original request.

Thank you for your consideration of this appeal.

- J. Ader

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