November 21, 2011 Sarah Pratt Acting Public Access Counselor Office of the Attorney General 500 S.

2nd Street Springfield, Illinois 62706 Re: FOIA Request for Review - 2011 PAC 13270 Ms. Pratt: This is a response to the attached November 10, 2011 letter from your office, signed by Tola Sobitan, which I received five days ago. This is to request that within 30 days of receipt of this letter that your office review and provide me with a determination in writing as to: 1) Whether the Chicago Public Schools (CPS) failed to comply with the Illinois Freedom of Information Act, 5 ILCS 140/1 (“the Act”). 2) Whether CPS withheld and/or destroyed records to evade complying with the Act. 3) Whether your office failed to comply with the Act. To recount, from the attached April 11, 2011 letter Ms. Sobitan sent to CPS (emphasis added): Specifically, on November 20, 2010, Mr. Heimlich submitted a FOIA request to CPS, seeking any and all records pertaining to Mr. Lee Cary's inquiry about Save-A-Life Foundation (SALF), including all communications to and from specific CPS employees and other parties regarding SALF. On February 17, 2011, CPS denied Mr. Heimlich's request, asserting that the requested records are exempt from disclosure under Section 7.5(h) of FOIA which exempts from inspection and copying, "[information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under the Act." 5 ILCS 140/7.5(h). We have determined that further inquiry is warranted with regard to this matter. See 5 ILCS 140/9.5(c). In order to determine whether CPS's denial was appropriate, we request that CPS submit to us a detailed legal and factual basis for denying Mr. Heimlich's request pursuant to the Section 7.5(h) exemption. Notably, CPS's response should include a detailed explanation of its basis for asserting that the requested records are inevitably exempt under the State Officials and Employees Ethics Act. CPS must provide this information within seven (7) working days after receipt of this correspondence. See 5 ILCS 140/9.5(c). In the context of a Request for Review, the issue is whether the public body has proved by clear and convincing evidence that its reasons for denying information or records were proper. See 5 ILCS 140/1.2. Therefore, please make your response as factually specific as possible to allow us to understand why the asserted exemption applies. If you believe that other documents or information would be helpful to us as we review this matter, you may submit additional information with your response. We will notify you if we request any additional information as we review this matter. Under FOIA, we are required to forward a copy of any response from a public body to the requester and to provide the requester with an opportunity to reply. As of May 24, 2011 I hadn't received further correspondence from your office so I sent the following e-mail:

Date: Tue, 24 May 2011 09:19:33 -0400 From: "Peter M. Heimlich" <pmh@medfraud.info> To: publicaccess@atg.state.il.us Subject: 2011 PAC 13270 - status inquiry Tola Sobitan Assistant Public Access Counselor Office of the IL Attorney General Dear Ms. Sobitan: Re: 2011 PAC 13270 My last communication from your office in regards to this case was the attached April 11, 2011 letter. Please advise any developments since that date. Thank you for your assistance and I look forward to your reply, preferably via e-mail. Sincerely, Peter M. Heimlich I didn't receive a reply to my e-mail so I sent the following e-mail to you: Date: Tue, 07 Jun 2011 09:28:16 -0400 From: "Peter M. Heimlich" <pmh@medfraud.info> To: publicaccess@atg.state.il.us CC: "Ziegler, Robyn" <RZiegler@atg.state.il.us> Subject: inquiry re: FOIA Request for Review - 2011 PAC 13270 Sarah Pratt Acting Public Access Counselor Office of the Attorney General 500 S. 2nd Street Springfield, Illinois 62706 Ms. Pratt: Re: FOIA Request for Review - 2011 PAC 13270 Per the attached April 11, 2011 letter, your office instructed the Chicago Public Schools (CPS) to provide information to your department within seven working days. The letter also states that under FOIA, your office is required to provide me with a copy of the response from CPS. It has been almost two months since the date of your office's letter, however, I have not received any further correspondence from your office. Therefore I'm concerned that your department may not be adhering to FOIA guidelines. This is to request that you provide me with a detailed explanation of the actions your office has taken since April 11 in regards to this matter. Please feel free to correspond with me via e-mail. Thank you for your attention and I look forward to your reply, preferably by week's end, so that I may know how to proceed. Sincerely, Peter M. Heimlich cc: The Hon. Lisa Madigan, IL Attorney General (% Robyn Ziegler)

I didn't receive a response to that e-mail either, hence my request (per item 3 above) for a determination that your office failed to comply with the Act. Four months later, on September 28, 2011 I e-mailed Natalie Bauer, your office's Communications Director, with a request to advise me of the status of my FOIA appeal. (I contacted her because on my blog I intended to report a related story.) I didn't receive a response so I sent her a follow-up on October 3. I didn't receive a response to that either so on October 5, I wrote to Attorney General Madigan's Press Secretary, Robyn Ziegler. The next day I received an e-mail from Ms. Ziegler informing me that she was working on obtaining a response. Presumably Ms. Ziegler's efforts resulted in Ms. Sobitan's April 10 letter to me. Attached to that letter was a copy of the following e-mail: From: Daniels, Cassandra D [mailto:cddaniels@cps.kl2JLus] Sent: Wednesday, October 26, 2011 5:01 PM To: Sobitan, Adetola Subject: *Confidential*CPS Response 2011 PAC 13270 Ms. Sobitan: I am writing in response to a request for review that was received from Mr. Peter Heimlich. On November 10, 2011, Mr. Heimlich requested the following: "Any and all records pertaining to Mr. Car/s inquiry regarding Save-A-life Foundation, including but not limited to all communication to and from CPS employees, Ron Huberman, James Sullivan, Lydia Hernandez, and other parties." On February 16, 2011, the Chicago Public Schools denied Mr. Heimlich's request, citing, 5 ILCS 140/7.5(h), records of any lawfully created State of local inspector general's office would be exempt if created or obtained by an Executive Inspector General's office. Mr. Ron Huberman, is no longer a CPS employee and email records are not available. With regard to communications from James Sullivan and Lydia Hernandez, the District maintains no responsive information. In January 2010, Chicago Public Schools provided Mr. Heimlich with copies of all invoices and payments made to SALF. The District maintains no further responsive information to this request. Thank you for your assistance in this matter. Kind Regards, Cassandra D. Daniels Freedom of Information Act Officer Chicago Public Schools Among other concerns: A. Ms. Daniels's e-mail utterly fails to comply with Ms. Sobitan's April 11, 2011 letter to CPS which stated, “In order to determine whether CPS's denial was appropriate, we request that CPS submit to us a detailed legal and factual basis for denying Mr. Heimlich's request pursuant to the Section 7.5(h) exemption. Notably, CPS's response should include a detailed explanation of its basis for asserting that the requested records are inevitably exempt under the State Officials and Employees Ethics Act.” B. Ms. Sobitan's April 11 letter stated, “CPS must provide this information within seven (7) working days after receipt of this correspondence.” 198 days elapsed between April 11 and Ms. Daniels's October 26 e-mail.

C. Ms. Daniels's statement that Ron Huberman is not a CPS employee is irrelevant. However, it may be worth noting that according to the attached news report, he was employed by CPS until November 29, 2010. Also please note that per my February 22, 2011 FOIA appeal, Lee Cary e-mailed Mr. Huberman and courtesycopied CPS Inspector General James M. Sullivan on June 14, 2010. On June 22, 2010, Mr. Cary e-mailed Lydia Hernandez at CPS's Office of the Inspector General. Ms. Daniels's e-mail states, “With regard to communications from James Sullivan and Lydia Hernandez, the District maintains no responsive information.” Based on the dates of Mr. Cary's e-mails, by failing to provide me with copies of Mr. Cary's e-mails and any related records, apparently either CPS has destroyed the records or has chosen not to provide them. I'm not familiar with CPS's record retention policy, but I am concerned that CPS's considerable delay in responding to Ms. Sobitan's letter may constitute an effort to evade compliance with the Act. So that your office may arrive at a determination, this is to request that your office obtain any and all relevant records from the companies and/or agencies that host and maintain CPS's e-mail servers. In the near future I'd welcome some indication of how your office intends to proceed. Thank you for your ongoing attention to this matter and I look forward to your reply. Sincerely,

Peter M. Heimlich

Ph: (208)474-7283 e-mail: pmh@medfraud.info website: MedFraud blog: The Sidebar cc: Chicago Public Schools Jean-Claude Brizard, Chief Executive Officer Cassandra Daniels, Freedom of Information Act Officer Office of the Illinois Attorney General Robyn Ziegler, Press Secretary

OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS

Lisa Madigan
ATTORNEY GENERAL

April 11,2011 Erin M. Hillstrom FOIA Law Clerk Chicago Public Schools Law Department 125 S. Clark Street, Ste 700 Chicago, IL 60603 RE: FOIA Request for Review - 2011 PAC 13270

Dear Ms. Hillstrom: We have received the enclosed Request for Review of a Freedom of Information Act (FOIA) request submitted to Chicago Public School (CPS) by Mr. Peter M. Heimlich pursuant to Section 9.5(a) of FOIA. 5 ILCS 140/9.5(a). Specifically, on November 20, 2010, Mr. Heimlich submitted a FOIA request to CPS, seeking any and all records pertaining to Mr. Lee Cary's inquiry about Save-A-Life Foundation (SALF), including all communications to and from specific CPS employees and other parties regarding SALF. On February 17, 2011, CPS denied Mr. Heimlich's request, asserting that the requested records are exempt from disclosure under Section 7.5(h) of FOIA which exempts from inspection and copying, "[information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under the Act." 5 ILCS 140/7.5(h). We have determined that further inquiry is warranted with regard to this matter. See 5 ILCS 140/9.5(c). In order to determine whether CPS's denial was appropriate, we request that CPS submit to us a detailed legal and factual basis for denying Mr. Heimlich's request pursuant to the Section 7.5(h) exemption. Notably, CPS's response should include a detailed explanation of its basis for asserting that the requested records are inevitably exempt under the State Officials and Employees Ethics Act. CPS must provide this information within seven (7) working days after receipt of this correspondence. See 5 ILCS 140/9.5(c). In the context of a Request for Review, the issue is whether the public body has proved by clear and convincing evidence that its reasons for denying information or records were proper. See 5 ILCS 140/1.2. Therefore, please make your
500 South Second Street, Springfield, Illinois 62706 • (217)782-1090 • TTY: (217)785-2771 • Fax:(217)782-7046 100 West Randolph Street, Chicago, Illinois, 60601 • (312)814-3000 • TTY: (312)814-3374 • Fax:(312)814-3806 1001 East Main, Carbondalc. Illinois 62901 • (618) 529-6400 • TTY: (618) 529-6403 • Fax: (618) 529-6416

April 11,2011 Page 2 response as factually specific as possible to allow us to understand why the asserted exemption applies. If you believe that other documents or information would be helpful to us as we review this matter, you may submit additional information with your response. We will notify you if we request any additional information as we review this matter. Under FOIA, we are required to forward a copy of any response from a public body to the requester and to provide the requester with an opportunity to reply. 5 ILCS 140/9.5(d). The Act provides, however, that "[t]o the extent documents produced by a public body contain information that is claimed to be exempt from disclosure under Section 7 of [the] Act, the Public Access Counselor shall not further disclose that information." 5 ILCS 140/9.5(c). The Act also requires that the Public Access Counselor redact "any alleged confidential information to which the request pertains" when providing a copy of your written response to the requester. 5 ILCS 140/9.5(d). To assist us in doing so, we request that you clearly identify any specific information that you believe to be confidential. For your reference, there are three possible outcomes for a Request for Review. First, the Public Access Counselor (PAC) may decide that no violations have occurred and will so inform the public body and requester. Second, the matter may be resolved through informal mediation or informal determination by staff from the PAC's office. Third, the PAC may decide to issue a binding opinion resolving the Request for Review. Thank you in advance for your cooperation. If you have any questions or concerns, please feel free to contact me at (312) 814-6437. Sincerely,

Tola Sobitan Assistant Public Access Counselor

cc:

Peter M. Heimlich, w/o enclosures

500 South Second Street, SpriiiRfleUI, Illinois 62706 • (217)782-1090 ♦ TTY: (217)785-2771 • Fax:(217)782-7046 100 West Randolph Street, Chicago, Illinois, 60601 • (312)814-3000 • TTY: (312)814-3374 • Fax:(312)814-3806 1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (618) 529-6403 • Fax: (618) 529-6416

OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS Lisa Madigan
ATTORNEY GENERAL

November 10,2011

Mr. Peter Heimlich 3630 River Hollow Run Duluth, GA 30096-6198 RE: FOIA Request for Review - 2011 PAC 13270 Dear Mr. Heimlich: The Office of the Attorney General, Public Access Bureau, has received the enclosed response to your Request for Review from the Chicago Public Schools. You may, but are not required to, reply in writing to the public body's enclosed response. If you choose to reply, you must submit your reply to this office within 7 business days of your receipt of this letter. 5 ILCS 140/9.5(d) (West 2010), as amended by Public Act 97579, effective August 26, 2011. Please send a copy of your reply to the Chicago Public Schools as well. If you have any questions about this matter, please contact me at (312) 814-6437. Very truly yours,

TOLA SOBITAN Assistant Attorney General Public Access Bureau cc: Ms. Cassandra Daniels (will receive letter only) Chicago Public Schools 125 South Clark Street Chicago, IL 60603

500 South Second Street, Springfield, Illinois 62706 • (217)782-1090 • TTY: (217)785-2771 • Fax:(217)782-7046 100 West Randolph Street, Chicago, Illinois, 60601 • (312)814-3000 • TTY: (312)814-3374 • Fax:(312)814-3806 1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (618) 529-6403 • Fax: (618) 529-6416

From: Daniels, Cassandra D rmailto:cddaniels(a)cps.kl2.il.us] Sent: Wednesday, October 26, 2011 5:01 PM To: Sobitan, Adetola Subject: *Confidential*CPS Response 2011 PAC 13270 Ms. Sobitan: I am writing in response to a request for review that was received from Mr. Peter Heimlich. On November 10, 2011, Mr. Heimlich requested the following: "Any and all records pertaining to Mr. Car/s inquiry regarding Save-A-life Foundation, including but not limited to all communication to and from CPS employees, Ron Huberman, James Sullivan, Lydia Hernandez, and other parties." On February 16, 2011, the Chicago Public Schools denied Mr. Heimlich's request, citing, 5 ILCS 140/7.5(h), records of any lawfully created State of local inspector general's office would be exempt if created or obtained by an Executive Inspector General's office. Mr. Ron Huberman, is no longer a CPS employee and email records are not available. With regard to communications from James Sullivan and Lydia Hernandez, the District maintains no responsive information. In January 2010, Chicago Public Schools provided Mr. Heimlich with copies of all invoices and payments made to SALF. The District maintains no further responsive information to this request. Thank you for your assistance in this matter. Kind Regards, Cassandra Daniels

Cassandra D. Daniels
Freedom of Information Act Officer Chicago Public Schools Law Department 125 S. Clark Street 7th Floor Office: 773/553-1700 Direct: 773/553-1660

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