Intergovernmental Agreements (Mayor's Office)

Matt Chapman filed this request with the Mayor's Office of Chicago, IL .
Multi Request Intergovernmental Agreements
Est. Completion None
Status
Awaiting Appeal

Communications

From: Matt Chapman


To Whom It May Concern:

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

A copy of all intergovernmental agreements.

An example of an intergovernmental agreement is: https://www.chicago.gov/content/dam/city/depts/dcd/tif/T_014_CTACentralLoopIGA.pdf

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,

Matt Chapman

From: Mayor's Office

Mr. Chapman:

Please see response attached.

Anjali Julka
FOIA Officer - Office of the Mayor
121 N. LaSalle St.
Chicago, IL 60602
312-744-3844 w
312-502-0702 m
anjali.julka@cityofchicago.org

________________________________
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or the person responsible for delivering this document to the intended recipient), you are hereby notified that any dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited. If you have received this e-mail in error, please respond to the individual sending the message, and permanently delete the original and any copy of any e-mail and printout thereof.

From: Matt Chapman

The records that I am seeking are those agreements that were created to satisfy the statutory requirements from (5 ILCS 220/) Intergovernmental Cooperation Act and other acts which include references to intergovernmental agreements, their creation, or maintenance. Of note, (5 ILCS 220/3.2). I am not sure how much further narrowing you'll need, as these are standard agreements throughout Illinois that should be readily available to maintain statutory requirements. Please reach out to the respective director, as defined by the Intergovernmental Cooperation Act.

Furthermore, the records responsive to this request will be used to build a greater public understanding of Chicago's decisions, policies, procedures, rules, standards, and other aspects of government activity that affect the conduct of government and the lives of any or all of the people. As such, I humbly ask that the unduly burdensome exemption be waived, as the public interest greatly outweighs the burden on the public body. Consider that the burden is placed on the public body to show that the burden on the public body is outweighted by the public's interest.

If absolutely necessary, I will accept all IGs from 2000 to the present date.

From: Mayor's Office

Mr. Chapman:

Please see attached response to your request.

Thanks,
Anjali Julka
FOIA Officer - Office of the Mayor
121 N. LaSalle St.
Chicago, IL 60602
312-744-3844 w
312-502-0702 m
anjali.julka@cityofchicago.org

________________________________
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or the person responsible for delivering this document to the intended recipient), you are hereby notified that any dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited. If you have received this e-mail in error, please respond to the individual sending the message, and permanently delete the original and any copy of any e-mail and printout thereof.

From: Matt Chapman

Please narrow my request down to the year 2000 and on.

From: Mayor's Office

Please see response attached.

Sincerely,
Anjali Julka
FOIA Officer - Office of the Mayor
121 N. LaSalle St.
Chicago, IL 60602
312-744-3844 w
312-502-0702 m
anjali.julka@cityofchicago.org

________________________________
This e-mail, and any attachments thereto, is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail (or the person responsible for delivering this document to the intended recipient), you are hereby notified that any dissemination, distribution, printing or copying of this e-mail, and any attachment thereto, is strictly prohibited. If you have received this e-mail in error, please respond to the individual sending the message, and permanently delete the original and any copy of any e-mail and printout thereof.

From: Matt Chapman

Below is my response to Chicago's law department for a request with the same wording and overall use of the unduly burdensome rejection. I believe it applies to your agency. Please review.

The Department of Planning and Development has reached out to me and has informed me that this information is already made available online at https://chicago.legistar.com. That said the extreme and systemic use of the unduly burdensome exemption for intergovernmental agreements gives me caution that the records pursuant to my requests are actually all available online. Ie, if an agency was uploading agreements online by default, then those agencies would already be aware that the records are online, and so the use of unduly burdensome would be nonsensical. It's also my understanding that all Chicago departments who received this request had a meeting with Chicago's law department to discuss how to handle this request.

This leaves me to believe three things:

1. No reasonable search was ever done (excepting for the Department of Planning and Development)
2. Chicago's Law Department quickly, and erroneously recommended to all of Chicago's departments to reject my request as being unduly burdensome without having done any reasonable research or searches prior to giving any advice.
3. Not all records are available online.

None of these are acceptable.

So, again, I ask that you please re-evaluate the use of the unduly burdensome exemption. Should you come to the conclusion (as most already have) that my request is not unduly burdensome, I kindly ask that you reach out to departments that your department has worked with and withdraw any advice to reject this request for being unduly burdensome. If nothing else, I would greatly appreciate some deeper clarification as to why this request has been deemed so difficult.

That all said, I am willing to narrow down my request to 2000 and on if necessary.

From: Mayor's Office

Mr. Chapman:

As we explained to you in our response letter on August 5, 2019, "your FOIA request is unduly burdensome, as the timeframe you have provided of 19 years is too large. Please note that the records you seek would be interspersed within numerous projects. Reviewing each project within the nearly two-decade timeframe that you have provided in order to obtain the information that you seek would place undue burden on this office's staff and resources."

In other words, the Mayor's Office does not have a central repository of intergovernmental agreements.

Sincerely,
Anjali Julka
FOIA Officer - Office of the Mayor
121 N. LaSalle St.
Chicago, IL 60602
312-744-3844 w
312-502-0702 m
anjali.julka@cityofchicago.org

From: Matt Chapman

Thank you for the followup. Could you provide some more information that would be helpful finding a comfortable middle ground? Your response doesn't provide enough information to identify where that middle ground is, so for now, please narrow this request down to 18 years worth of records. If 18 years worth of records is too burdensome, then please only provide 17 years worth of records. If 16 years worth of records is too burdensome, then please only provide 15 years worth of records. If 15 years worth of records is too burdensome, then please only provide 14 years worth of records. If 14 years worth of records is too burdensome, then please only provide 13 years worth of records. If 13 years worth of records is too burdensome, then please only provide 12 years worth of records. If 12 years worth of records is too burdensome, then please only provide 11 years worth of records. If 11 years worth of records is too burdensome, then please only provide 10 years worth of records.

Thank you.

From: Matt Chapman

Hi - have there been any updates with this request? This information is being used for ongoing research. Any help that you can provide to make these available to our organization, and the general public will be very much appreciated.

From: Mayor's Office

Mr. Chapman:

As indicated to you on August 5, 2019 in response to your FOIA request, and again as noted to you on August 7, 2019, we informed you that the Mayor's Office does not have a central repository of intergovernmental agreements, so the records you seek would be interspersed within numerous projects, and reviewing each project with a decade-long timeframe would place undue burden on this office's staff and resources.

Sincerely,
Anjali Julka
FOIA Officer - Office of the Mayor
121 N. LaSalle St.
Chicago, IL 60602
312-744-3844 w
312-502-0702 m
anjali.julka@cityofchicago.org<mailto:anjali.julka@cityofchicago.org>

From: Matt Chapman

I am appealing this request, as the Chicago's Office of the Mayor is saying that they don't have a central repository of intergovernmental agreements. There is an online portal which, supposedly, contains all of Chicago's intergovernmental agreements. That the Office of the Mayor does not believe that they have a central repository of intergovernmental agreement makes me believe that either they do, and haven't done a reasonable search, or they don't, and their records management is inconsistent with the reset of Chicago. My hope with this appeal is to discover which is the case, and receive any intergovernmental agreements that aren't online.

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