Emails referencing Shift summary
| Tracking # |
21-757 |
| Submitted | Sept. 1, 2021 |
| Est. Completion | Sept. 17, 2021 |
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Communications
From: Berwyn FOIA Requests
To Whom It May Concern:
Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:
All emails containing the following phrases in the Subject and Contents fields of the emails:
- Shift summary
- Shift summaries
For the following City email accounts:
- Michael Cimaglia
Please limit your searches to the following dates:
- January 1, 2021- September 1, 2021
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,
Berwyn FOIA Requests
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Illinois Freedom of Information Act. request, copied below, and originally submitted on Sept. 1, 2021. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: City of Berwyn
The request was received in our office after close of business on September 1, 2021. Clerk Paul logged it into our system with a date of September 2, 2021 assigning our FOIA number 21-757. Monday September 6, 2021 was a holiday which extended the (5) business day due date to 09/10/21.
We will respond on or before that date.
Thank you,
Sandra Anderson
Deputy City Clerk
From: City of Berwyn
The City of Berwyn requires additional time to process your FOIA request. Please refer to the attached.
Thank you,
Sandra Anderson - Deputy City Clerk
6700 W 26th Street
Berwyn IL 60402
Direct (708) 749-6453, Fax (708) 788-2675
[PIC1]
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From: City of Berwyn
Dear Records Requestor: Additional time to review the records you asked for is needed. You requested "All emails containing the following phrases in the Subject and Contents fields of the emails: Shift summary and Shift summaries from the City of Berwyn email account of Berwyn Police Chief Michael Cimaglia. My office is currently waiting to hear from City Attorney Anthony Bertuca concerning his review of the records. Mr. Bertuca has been out of the office on September 17 and today, September 20, 2021 resulting in our delay to respond to your request. We expect to have a response from Mr. Bertuca soon. However, we ask your consideration to allow us and additional five business days to respond.
Thank you in advance for this consideration. We regret the delay.
Margaret Paul, Berwyn City Clerk
(She, Her, Her's)
6700 W. 26th St.
Berwyn, IL 60402
708-749-6451
From: City of Berwyn
Dear Records Requestor:
This communication is in response to your FOIA request submitted on September 2, 2021 and then extended on September 10, 2021 for "All emails containing "shift summary, shift summaries" with a timeframe of 01/01/21 thru 09/01/21 from Berwyn Police Chief Michael Cimaglia City of Berwyn
Your request was forwarded to our IT and Legal Departments.
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From: City of Berwyn
My apologies, I just realized the letter I drafted in response to your FOIA request was not attached to the paperwork.
Please update your records.
Thank you,
Sandra Anderson
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From: Berwyn FOIA Requests
Dear Public Access Counselor at the Office of the Attorney General:
I would like to appeal the letter I received from the City of Berwyn Freedom of Information Act officer for my FOIA request (FOIA 21-757) submitted on 9/1/21. My FOIA request reads:
"All emails containing the following phrases in the Subject and Contents fields of the emails:
- Shift summary
- Shift summaries
For the following City email accounts:
- Michael Cimaglia
Please limit your searches to the following dates:
- January 1, 2021- September 1, 2021"
The FOIA Officer's denial letter stated that City Attorney Anthony Bertuca determined my FOIA request "is unduly burdensome" and referenced section 7(1)(v) of the Freedom of Information Act.
I'm appealing for several reasons:
• My FOIA 21-757 request was narrowly constructed to a limited number of records that would relate to the stated subject during a specific time period from only one email account.
• City of Berwyn previously complied with a different request I sent (FOIA 21-736) for emails for a one-day-period with no search terms from two email accounts. The emails revealed shift summaries only applied to 3 of the emails. That shows a longer period for one email account is not burdensome.
• When I received the denial for my FOIA 21-757 request, I filed a new request (FOIA 21-847) and narrowed the time period to one month. It was denied within hours. It is inappropriate for the City of Berwyn to issue such a letter so quickly after receiving the request.
Can you please instruct the FOIA officers and City Attorney Bertuca to fulfill my FOIA 21-757 request? Thank you.
From: Berwyn FOIA Requests
Public Access Counselor
Office of the Attorney General
Fax 217-782-1396
publicaccess@atg.state.il.us
Dear Public Access Counselor at the Office of the Attorney General:
This is a backup email to the fax I sent today, in case it is more convenient for you to respond this way.
I would like to appeal the letter I received from the City of Berwyn Freedom of Information Act officer for my FOIA request (FOIA 21-757) submitted on 9/1/21. My FOIA request reads:
"All emails containing the following phrases in the Subject and Contents fields of the emails:
- Shift summary
- Shift summaries
For the following City email accounts:
- Michael Cimaglia
Please limit your searches to the following dates:
- January 1, 2021- September 1, 2021"
The FOIA Officer's denial letter stated that City Attorney Anthony Bertuca determined my FOIA request "is unduly burdensome" and referenced section 7(1)(v) of the Freedom of Information Act.
I'm appealing for several reasons:
• My FOIA 21-757 request was narrowly constructed to a limited number of records that would relate to the stated subject during a specific time period from only one email account.
• City of Berwyn previously complied with a different request I sent (FOIA 21-736) for emails for a one-day-period with no search terms from two email accounts. The emails revealed shift summaries only applied to 3 of the emails. That shows a longer period for one email account is not burdensome.
• When I received the denial for my FOIA 21-757 request, I filed a new request (FOIA 21-847) and narrowed the time period to one month. It was denied within hours. It is inappropriate for the City of Berwyn to issue such a letter so quickly after receiving the request.
Can you please instruct the FOIA officers and City Attorney Bertuca to fulfill my FOIA 21-757 request? Thank you.
From: City of Berwyn
Please see attached correspondence from the Public Access Bureau and let us know if you have any questions. Thank you.
Very truly,
Lorraine K. Dunham
Paralegal II
Public Access Bureau
Office of the Attorney General
State of Illinois
500 South Second Street
Springfield, Illinois 62701
(217) 558.1926
Lorraine.Dunham@ilag.gov
State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential, may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege, or any other exemption from disclosure.
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