Superintendent

April 9, 2020

Freddy Martinez

Lucy Parsons Labs

Via email at requests@muckrock.com

Dear Mr. Martinez,

On behalf of the City of Chicago Office of the Mayor, I am responding to your Freedom of Information Act ("FOIA") request which was dated April 2, 2020 and received in our office on the same day. At this time, the Mayor's Office is seeking an extension of five additional working days to respond to the request for one or more of the following reasons identified in 5 ILCS 140/3(e) of FOIA:
( ) the requested records are stored in whole or in part at other locations than the office having charge of the requested records;
( ) the request requires the collection of a substantial number of specified records;
( ) the request is couched in categorical terms and requires an extensive search for the records responsive to it;
( ) the requested records have not been located in the course of routine search and additional efforts are being made to locate them;
(xx) the requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 of the FOIA or should be revealed only with appropriate deletions;
(xx) the request for records cannot be complied with by the public body within the time limits prescribed by 5 ILCS 140/3(d) without unduly burdening or interfering with the operations of the public body;

(xx) there is need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.

Sincerely,

Tom Skelton

FOIA Officer - Office of the Mayor

Hi Freddy,

We have not forgotten about this FOIA. I should have some responsive records for this one soon. It has been pretty crazy around here. Thanks for your patience.

Sincerely,

Tom Skelton
FOIA Officer
City of Chicago - Mayor's Office, Department of Law
121 N. LaSalle St. #502
Chicago, IL 60602
(312) 744-3844
Thomas.skelton@cityofchicago.org

May 18, 2020

Freddy Martinez

Lucy Parsons Labs

Via email at requests@muckrock.com

Dear Mr. Martinez,

On behalf of the City of Chicago Office of the Mayor ("Mayor's Office"), I am responding to your Freedom of Information Act ("FOIA") request which was dated April 2, 2020 and received in our offices on the same day. The Mayor's Office took a 5-day extension to your request on April 9, 2020. You requested:

Requesting - Documents sufficient to show when the mayor's policy team, legal team or otherwise received the three finalists for Superintendent of police.

- Documents sufficient to show when the Mayor's office picked her Superintendent of police.

- Scheduling, planning documents and other records prepared for announcing the Superintendent of police.

Please find the attached records responsive to your request.

We have redacted certain material pursuant to Section 7(1)(b) of FOIA. That section exempts "private information, unless disclosure is required by another provision of this Act, a State or federal law or a court order." 5 ILCS 140/7(1)(b). Section 2(c-5) defines "private information" as:

unique identifiers, including a person's social security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses. Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person.

5 ILCS 140/2(c-5). The material we have redacted under this section is personal email addresses. Because these items are specifically exempted under Section 7(1)(b), they have been properly redacted.

We have withheld certain material pursuant to 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 also have the right to seek judicial review of your denial by filing a lawsuit in Cook County Circuit Court.

Sincerely,

Tom Skelton
FOIA Officer - Mayor's Office