Guidice Messaging Apps Signal

Jimmy Tobias filed this request with the Mayor's Office of Chicago, IL.
Tracking #

F057578-092723

Est. Completion None
Status
No Responsive Documents

Communications

From: Jimmy Tobias

To Whom It May Concern:

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

A screenshot of all apps on Rich Guidice's official work phone.

This request also seeks all messages sent on any encrypted apps on Guidice's phone, such as Signal or WhatsApp, sent between September 20 and the date this request is processed.

I am a reporter for The Guardian, The Nation and other outlets.

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,

Jimmy Tobias

From: Mayor's Office

Thank you for your FOIA request to the City of Chicago Office of the Mayor. Your FOIA request has been submitted and is being processed. Your reference number for tracking purposes is: F057578-092723. Track and view responses at Public Records Center.

You have requested the following records: To Whom It May Concern:

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

A screenshot of all apps on Rich Guidice's official work phone.

This request also seeks all messages sent on any encrypted apps on Guidice's phone, such as Signal or WhatsApp, sent between September 20 and the date this request is processed.

I am a reporter for The Guardian, The Nation and other outlets.

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,

Jimmy Tobias

Upload documents directly: https://www.muckrock.com/

The City of Chicago Office of the Mayor 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.

From: Mayor's Office

--- Please respond above this line ---

October 5, 2023 Jimmy Tobias Via email at requests@muckrock.com RE: PUBLIC RECORDS REQUEST of September 27, 2023, Reference # F057578-092723. Dear Jimmy Tobias, This correspondence is in response to the Freedom of Information Act ("FOIA") request received by the City of Chicago Office of the Mayor on September 27, 2023. You requested: "To Whom It May Concern:

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

A screenshot of all apps on Rich Guidice's official work phone.

This request also seeks all messages sent on any encrypted apps on Guidice's phone, such as Signal or WhatsApp, sent between September 20 and the date this request is processed.

I am a reporter for The Guardian, The Nation and other outlets.

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,

Jimmy Tobias

Upload documents directly: https://www.muckrock.com/
Regarding the second part of your request, the Mayor's Office has no responsive records.
Regarding the first part of your request, the Mayor's Office is not in possession of a document which contains the information you seek. The only way to compile the requested information would be to create a document. While the FOIA requires a public body to produce documents (5 ILCS 140/3(a) (“Each public body shall make available to any person for inspection or copying all public records, except as otherwise provided in section 7 of this Act.”), the FOIA does not require a public body to provide answers to questions or create documents. In Kenyon v. Garrels, 184 Ill. App. 3d 28, 32 (4th Dist. 1989), the Illinois Appellate Court noted, “…the Act is not designed to compel the compilation of data the governmental body does not ordinarily keep.” See also Chicago Tribune Company v. The Department of Financial and Professional Regulation, 2014 IL App (4th) 13042, ¶ 34. This position is included in the plain language of Section 1 of the FOIA: “This Act is not intended to create an obligation on the part of any public body to maintain or prepare any public record which was not maintained or prepared by such public body at the time when this Act becomes effective, except as otherwise required by applicable local, State or federal law.” 5 ILCS 140/1.
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 62701, (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

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