Records Regarding 3-28-2021 Drive-Thru Incident
| Tracking # |
21-216 |
| Submitted | April 26, 2021 |
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Communications
From: Northwestside Coalition
To Whom It May Concern:
Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:
All radio broadcasts, MDT messages, dash camera video, body-worn camera video, FI cards, reports, emails, and documents concerning the incident reported by Journal & Topics Media Group in the early morning of Sunday, Feb. 28 at the McDonald’s drive-thru, 8460 W. Dempster St.
"Police body-camera footage obtained by the Journal & Topics appears to show an individual slumped over in the driver’s seat of an SUV at the speaker of the McDonald’s drive-thru, 8460 W. Dempster St., at about 1:40 a.m. Sunday, Feb. 28. When police officers stand in front of his window at the drive-thru, the individual seems to wake up, appearing slightly disoriented, the footage shows."
Mayor Calls On State’s Attorney To Investigate Niles Police
https://www.journal-topics.com/articles/mayor-calls-on-states-attorney-to-investigate-niles-police/
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,
Northwestside Coalition
From: Niles Police Department Illinois
Village of Niles
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Hi there
Your first Village of Niles record request (request number #21-216) 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It is currently unpublished and is not available for the general public to view.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 #21-216.
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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>
From: Niles Police Department Illinois
Village of Niles
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Hi there
Documents have been released to you for record request #21-216:
* RD2021-07342 CAD.pdf
* RD2021-07342 call for service.pdf
Document links are valid for one month.
After May 30, you will need to sign in to view the document(s).
************************************************************************
<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>
From: Niles Police Department Illinois
Village of Niles
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Hi there
A message was sent to you regarding record request #21-216:
Dear Northwestside Coalition:
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 4/21/21, you requested the following records: All radio broadcasts, MDT messages, dash camera video, body-worn camera video, FI cards, reports, emails, and documents concerning the incident reported by Journal & Topics Media Group in the early morning of Sunday, Feb. 28 at the McDonald’s drive-thru, 8460 W. Dempster St. "Police body-camera footage obtained by the Journal & Topics appears to show an individual slumped over in the driver’s seat of an SUV at the speaker of the McDonald’s drive-thru, 8460 W. Dempster St., at about 1:40 a.m. Sunday, Feb. 28. When police officers stand in front of his window at the drive-thru, the individual seems to wake up, appearing slightly disoriented, the footage shows." Mayor Calls On State’s Attorney To Investigate Niles Police https://www.journal-topics.com/articles/mayor-calls-on-states-attorney-to-investigate-niles-police/ The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
At this time, all that can be release are the call for service and CAD notes from the call, which are attached.
Your request is denied in part for the following reasons: This is an active, internal investigation which applies under section 7(1)(d)(ii) of FOIA. We have been counseled by our Village Attorney Danielle Grcic and releasing any additional information at this time could jeopardize the investigation.
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.
Sincerely,
Chris Kobeski
************************************************************************
<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>
From: Niles Police Department Illinois
Village of Niles
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Hi there
Record request #21-216 has been closed. The closure reason supplied was:
Call for service and CAD notes are all that can be released at this time due to pending internal investigation.
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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>
From: Northwestside Coalition
To Whom It May Concern:
As of June 11, 2021,
"At this time, the Village of Niles and the Niles Police Department consider the investigation into the February 28th, 2021 well being check completed and closed. "
https://www.vniles.com/CivicAlerts.aspx?AID=1986
Please include records withheld previous due to this open investigation that is now closed.
Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:
All radio broadcasts, MDT messages, dash camera video, body-worn camera video, FI cards, reports, emails, and documents concerning the incident reported by Journal & Topics Media Group in the early morning of Sunday, Feb. 28 at the McDonald’s drive-thru, 8460 W. Dempster St.
"Police body-camera footage obtained by the Journal & Topics appears to show an individual slumped over in the driver’s seat of an SUV at the speaker of the McDonald’s drive-thru, 8460 W. Dempster St., at about 1:40 a.m. Sunday, Feb. 28. When police officers stand in front of his window at the drive-thru, the individual seems to wake up, appearing slightly disoriented, the footage shows."
Niles: Officers, Supervisors ‘Acted Appropriately’ On Feb. 28 Well-Being Check
https://www.journal-topics.com/articles/niles-officers-supervisors-acted-appropriately-on-feb-28-well-being-check/
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,
Northwestside Coalition
From: Niles Police Department Illinois
Village of Niles
************************************************************************
Hi there
A message was sent to you regarding record request #21-216:
I will have a response sometime soon. Margaret please reopen so we can keep this on our radar.
Kathy M. Thake I Assistant to the Village Manager
Village of Niles I Village Manager Office
1000 Civic Center Dr., Niles, IL 60714
☎: (847) 588-8006 Office I (847) 878-4521 Mobile
✉: kmt@vniles.com
[i heart niles]
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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>
From: Niles Police Department Illinois
Village of Niles
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Hi there
Record request #21-216 has been reopened. You can see it anytime at the link below.
************************************************************************
<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>
From: Niles Police Department Illinois
Village of Niles
************************************************************************
Hi there
A message was sent to you regarding record request #21-216:
Dear Northwestside Coalition:
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 April 26, 2021, you requested the following documents:
All radio broadcasts, MDT messages, dash camera video, body-worn camera video, FI cards, reports, emails, and documents concerning the incident reported by Journal & Topics Media Group in the early morning of Sunday, Feb. 28 at the McDonald’s drive-thru, 8460 W. Dempster St.
"Police body-camera footage obtained by the Journal & Topics appears to show an individual slumped over in the driver’s seat of an SUV at the speaker of the McDonald’s drive-thru, 8460 W. Dempster St., at about 1:40 a.m. Sunday, Feb. 28. When police officers stand in front of his window at the drive-thru, the individual seems to wake up, appearing slightly disoriented, the footage shows."
Mayor Calls On State’s Attorney To Investigate Niles Police
https://www.journal-topics.com/articles/mayor-calls-on-states-attorney-to-investigate-niles-police/
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
On June 11, 2021, 2021, you requested the following documents under the same request #21-216:
"At this time, the Village of Niles and the Niles Police Department consider the investigation into the February 28th, 2021 well being check completed and closed. "https://www.vniles.com/CivicAlerts.aspx?AID=1986
Please include records withheld previous due to this open investigation that is now closed.
Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:
All radio broadcasts, MDT messages, dash camera video, body-worn camera video, FI cards, reports, emails, and documents concerning the incident reported by Journal & Topics Media Group in the early morning of Sunday, Feb. 28 at the McDonald’s drive-thru, 8460 W. Dempster St.
"Police body-camera footage obtained by the Journal & Topics appears to show an individual slumped over in the driver’s seat of an SUV at the speaker of the McDonald’s drive-thru, 8460 W. Dempster St., at about 1:40 a.m. Sunday, Feb. 28. When police officers stand in front of his window at the drive-thru, the individual seems to wake up, appearing slightly disoriented, the footage shows."
Niles: Officers, Supervisors ‘Acted Appropriately’ On Feb. 28 Well-Being Check
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
On April 30, the Village provided CAD and Call for Service Reports. On June 11, 2021 you sought these records again.
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. 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;
* * *
(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.
* * *
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.
Sincerely,
Kathy Thake
FOIA Officer
************************************************************************
<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>
From: Niles Police Department Illinois
Village of Niles
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Hi there
Record request #21-216 has been closed. The closure reason supplied was:
Denied due to Exemption
************************************************************************
<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>
From: Niles Police Department Illinois
Village of Niles
************************************************************************
Hi there
Record request #21-216 has been reopened. You can see it anytime at the link below.
************************************************************************
<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>
From: Northwestside Coalition
Hello Kathy Thake,
According to an article by Jennifer Johnson* it appears the investigations are clear to release FOIAs on hold. Is this the case?
Thanks
*Village of Niles releases internal police investigation report finding no evidence of ‘cover up’ alleged by former commander
https://www.chicagotribune.com/suburbs/niles/ct-nhs-internal-investigation-review-tl-1021-20211019-5enfz5g75zck5mnwkanejx6oc4-story.html
From: Niles Police Department Illinois
Village of Niles
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Hi there
A document has been released to you for record request #21-216:
* Redacted Investigation Report (2.28.2021 Wellness Check at Drive-Thru Beyer) by Special Counsel Oldelson with Confidential Memo dated 6.7.PDF
Document links are valid for one month.
After November 25, you will need to sign in to view the document(s).
************************************************************************
<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://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Niles Police Department Illinois
Village of Niles
************************************************************************
Hi there
A message was sent to you regarding record request #21-216:
Dear Requester,
Pursuant to your request:
All radio broadcasts, MDT messages, dash camera video, body-worn camera video, FI cards, reports, emails, and documents concerning the incident reported by Journal & Topics Media Group in the early morning of Sunday, Feb. 28 at the McDonald’s drive-thru, 8460 W. Dempster St.
The Village initially denied the report. Without waiving the applicability of these exemptions, the Village has made the policy decision to release a redacted copy of the report, which is attached. Certain information was still redacted pursuant to Section 7(1)(c) and 7(1)(d)(iv) of FOIA to protect the personal privacy and identity of witnesses or persons who provided information to the police, or who were uninvolved with the investigation. Additionally, opinions or preliminary recommendations were redacted pursuant to Section 7(1)(f) of FOIA.
Therefore, I will pause the request, until the information as requested is subject to public inspection.
Thank you,
Kathy Thake
FOIA Officer
************************************************************************
<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://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Northwestside Coalition
Hello FOIA Officer, can you please update us as to the status of this FOIA request?
Thanks.
From: Niles Police Department Illinois
Village of Niles
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A message was sent to you regarding record request #21-216:
Dear Northwestside Coalition:
On March 20, 2022, you had asked for us to provide an update as to the status of this request.
This is still an active investigation pending a review from the Cook County State’s Attorney’s office which applies under section 7(1)(a); 7(1)(d)(i); and 7(1)(d)(vi) 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;
* * *
(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.
* * *
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.
Due to this information being unavailable at this time, I will re-pause the request, until the information as requested is subject to public inspection.
Sincerely,
Chris Kobeski
************************************************************************
<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://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Niles Police Department Illinois
Village of Niles
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Documents have been released to you for record request #21-216:
* RD-Howard street internal investigation.pdf
* Subpoeaned material McDonalds.pdf
* Niles 21-7342.wav
* OneDrive_1_12-5-2022.zip
Document links are valid for one month.
After January 12, you will need to sign in to view the document(s).
************************************************************************
<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://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Niles Police Department Illinois
Village of Niles
************************************************************************
A message was sent to you regarding record request #21-216:
Dear Northwestside Coalition:
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 4/26/21, you requested the following documents:
All radio broadcasts, MDT messages, dash camera video, body-worn camera video, FI cards, reports, emails, and documents concerning the incident reported by Journal & Topics Media Group in the early morning of Sunday, Feb. 28 at the McDonald’s drive-thru, 8460 W. Dempster St.
"Police body-camera footage obtained by the Journal & Topics appears to show an individual slumped over in the driver’s seat of an SUV at the speaker of the McDonald’s drive-thru, 8460 W. Dempster St., at about 1:40 a.m. Sunday, Feb. 28. When police officers stand in front of his window at the drive-thru, the individual seems to wake up, appearing slightly disoriented, the footage shows."
Mayor Calls On State’s Attorney To Investigate Niles Police
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
Your request is granted.
We have enclosed copies of the documents that you requested.
Sincerely,
Chris Kobeski
************************************************************************
<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://help.nextrequest.com/knowledge/requester-resources'>help page</a>
From: Niles Police Department Illinois
Village of Niles
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Record request #21-216 has been closed. The closure reason supplied was:
All document have been released pursuant to your request.
************************************************************************
<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://help.nextrequest.com/knowledge/requester-resources'>help page</a>
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