Costs Associated with Police Investigations

Village of Niles

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Hi there

Your first Village of Niles record request (request number #21-374) has been submitted.
It is currently unpublished and is not available for the general public to view.

Thank you for filing a Freedom of Information Act Request with Village of Niles. This request will be processed accordingly. 

Village of Niles FOIA Officer 

Request #21-374.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

Village of Niles

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Hi there

A message was sent to you regarding record request #21-374:

Dear Northwestside Coalition :

Thank you for writing to Village of Niles on June 24, 2021. The request outlined below is in line with the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., therefore the Villages obligation to fulfill this request shall be treated as such.   

On June 24, 2021, you requested the following documents: 

All contractual agreements and documentation with law firm Odelson, Sterk, Murphey, Frazier, &amp; McGrath, Ltd (and any other related investigatory body) contracted for any services regarding to 2021 police-related investigations, concluded and/or ongoing, along with all costs associated with these investigations.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

Your request is denied for the following reasons:

This is an active, investigation which applies under section 7(1)(a); 7(1)(d)(i); and 7(1)(d)(vi) of FOIA. Further, the communications by the Attorneys are attorney client communications exempt under Section 7(1)(m) of FOIA. We have been counseled by our Attorney and releasing any information at this time could jeopardize the investigation.

5 ILCS 140/7

Sec. 7. Exemptions.

(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying:

(a) Information specifically prohibited from disclosure by federal or State law or rules and regulations implementing federal or State law.

* * *

(d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:

(i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request;

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(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.

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(m) Communications between a public body and an attorney representing the public body that would not be subject to discovery in litigation and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies. An investigative report prepared by a law firm to advise a public body in connection with allegations of misconduct, as well as information and materials provided to the law firm as part of the firm’s investigation is exempt from disclosure under FOIA. See PAC decision 2019 PAC 56474, issued September 1, 2020; Sandra T.E. v. South Berwyn School Dist. 100, 600 F. 3d 612, 620 (7th Cir. 2010) ("Because the [ public body's] lawyers were hired in their capacity as lawyers to provide legal services— including a factual investigation— the attorney- client privilege applies to the communications made and documents generated during that investigation."). See also Ill. Att'y Gen. PAC Req. Rev. Ltr. 35302, issued July 10, 2015 (memorandum prepared by counsel summarizing investigatory interviews and setting out findings and recommendations was exempt from disclosure under section 7(1)(m)); Ill. Att'y Gen. PAC Req. Rev. Ltr. 46710, issued September 17, 2019 (two documents containing communications between a university and its counsel exempt under 7(1)(m) where the documents pertained to the counsel' s investigation of misconduct allegations).

You have a right to have the denial of your request reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General. 5 ILCS 140/9.5(a). You can file your Request for Review with the PAC by writing to:

Public Access Counselor Office of the Attorney General 500 South 2nd Street Springfield, Illinois 62706 Fax: 217-782-1396 E-mail: publicaccess@atg.state.il.us

You also have the right to seek judicial review of your denial by filing a lawsuit in the State circuit court. 5 ILCS 140/11.

If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this denial. 5 ILCS 140/9.5(a). Please note that you must include a copy of your original FOIA request and this denial letter when filing a Request for Review with the PAC.

Should you have additional FOIA requests please feel free to open a request using our online portal https://niles.nextrequest.com/

Margaret Keating

FOIA Officer

mrk@vniles.com

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

Village of Niles

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Hi there

Record request #21-374 has been closed. The closure reason supplied was:

All document have been released pursuant to your request.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

Village of Niles

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Hi there

A message was sent to you regarding record request #21-374:

Dear Northwestside Coalition:

The last message was sent in error. Please disregard. I will follow up with your request shortly.

Margaret Keating

FOIA Officer

mrk@vniles.com

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

Village of Niles

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Hi there

Record request #21-374 has been reopened. You can see it anytime at the link below.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

Village of Niles

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Hi there

Documents have been released for record request #21-374 along with the following message:

Dear Requester:

Thank you for writing to Village of Niles with your request for information pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.  

On June 24, 2021, you requested the following documents: All contractual agreements and documentation with law firm Odelson, Sterk, Murphey, Frazier, &amp; McGrath, Ltd (and any other related investigatory body) contracted for any services regarding to 2021 police-related investigations, concluded and/or ongoing, along with all costs associated with these investigations. 

Your request is granted.

We have enclosed copies of the documents that you requested.  Please note the May 2021 Invoice has yet to be received by the Village.

Sincerely,

Margaret Keating

FOIA Officer

* 2021-06-03.Retainer ltr re special counsel for investigation of McD's incident.pdf

* PO 215938 Invoice 601289 Laner March 2021-for payment.pdf

* PO 216141 Laner 4-21.pdf

* Village of Niles April 2021 Invoice.pdf

Document links are valid for one month.
After July 29, you will need to sign in to view the document(s).

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>

Village of Niles

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Hi there

Record request #21-374 has been closed. The closure reason supplied was:

All document have been released pursuant to your request.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Village of Niles.<br></br><em>Technical support:</em> See our <a href='https://www.nextrequest.com/support'>help page</a>