Evanston DEA Cop - Disciplinary Record

Freddy Martinez filed this request with the Evanston Police Department of Evanston, IL .


From: Freddy Martinez

To Whom It May Concern:

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

Any and all disciplinary records related to Fernando Gomez, 41, who was arrested DEA’s Chicago field office. A copy of the news report about Gomez can be found below.

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.


Freddy Martinez

From: Evanston Police Department



Hi there

Record request #19-97 has been closed and published.

Denial of Request

Your Request is hereby Denied in its entirety. The reason(s) for denial are stated below:

The City received a Grand Jury subpoena for this former Police Officer’s personnel file from the Assistant United States Attorney’s Office in the Southern District. The subpoena came with a rider requesting that the City not release this document to a third party because of the pending investigation and is therefore exempt from disclosure under section 7(1)(d)(i) of FOIA.

Additionally, 5 ILCS 140/7(1)(a), “Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law” exempts the City from disclosing this information. Federal Rule of Criminal Procedure 6(e) exempts disclosure of information pertaining to a Grand Jury Subpoena.

You have a right to appeal this decision within 60 days to Sarah Pratt, Acting Public Access Counselor, Office of the Illinois Attorney General, 500 S. 2nd Street, Springfield, Illinois 62706, (phone number 1-877-299-FOIA) or to seek judicial review under Section 11 of FOIA, 5 ILCS 140/11.

February 1, 2019, 9:55am by Eduardo Gomez, Deputy City Clerk


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