8 Illinois Freedom of Information Act requests (Illinois FOIA) - August 3, 2009
ORIGINAL ILLINOIS FREEDOM OF INFORMATION ACT REQUEST dated August 3, 2009

"We were originally going to submit separate FOIA requests to aid in updating and tracking the progress of each current issue. However, we believe it would be more efficient for the Department of Planning personnel to search through the 6-feet of Planned Development #70 documents only once, rather than for multiple FOIA requests. We have requested all these anticipated documents several times in the past, but nothing has been shared with our neighborhood organization of owners and residents, unless we submit a specific Illinois Freedom of Information Act request.

Therefore, please consider this email a formal FOIA request for not only the specific documents requested, but also any related PD #70 documents received by or sent from the Chicago Department of Planning. In the past we have disagreed with you exempting documents as “draft” or “non-final” or “pending” when actually the documents were not exempt from FOIA requests because they were sent or received from outside your department. For example, communications, applications, or approvals exchanged with the current PD #70 lead developer, Chicago DOT, Chicago Park District, or Chicago School District are not exempt from FOIA requests, even when the issue has not been finalized and/or subject to future amendments.

1. CHILDREN’S MUSEUM

Request the most current Planned Development Amendment plans and timetables submitted by the private Chicago Children’s Museum to relocate to Grant Park, including any plans for the adjacent public park district facility. Also request copies of communications between the Department of Planning and the Chicago Law Department, Chicago Park District, Children’s Museum, Monroe Garage operator, and outside consultants preparing the Request For Proposals to replace the garage roof waterproof membrane.

9-2-09 STATUS OF FOIA REQUEST -  This Children’s Museum FOIA request was completely unanswered, because the 7 feet of PD #70 documents that I was invited to examine was completely devoid of this issue, which has been approved adjacent to the PD area, just southeast of Randolph and Columbus.

9-17-09 CHICAGO RESPONSE TO FOIA REQUEST:
Mr. Ward

I am  closing out the Freedom of  Information request originally dated 8-3-2009.
Per your email of September 3, 2009, I have provided a second courtesy copy of the documents you said were not  correctly processed. 

I am unaware of the documents you say may have been missed in the most recent review of pd 70.
I have consulted Mr. Haller and he has no additional responsive material.   A final letter will be sent to you via USPS.

Thank you for the inquiry,

Karen Bates
Zoning and Land Use Planning
City of Chicago


1. childrens museum...nothing beyond what was approved by plan commission...park district would have to provide RFP info on roof.

9-22-08 WARD APPEAL COMMENTS:  Chicago failed to state specifically: THERE ARE NO COPIES OF ANY EMAIL OR MEMO COMMUNICATIONS between the Department of Planning and the Chicago Law Department, Chicago Park District, Children’s Museum, Monroe Garage operator, and outside consultants preparing the Request For Proposals to replace the garage roof waterproof membrane.  Richard Ward APPEALS the the above response from the Dept. of Zoning and Land Use Planning, and requests that Mayor Daley's designated FOIA Official state that they have not sent or received ANY emails, faxes, or written communications regarding any aspect of the Children's Museum issue in the last 5 years.

Note that this FOIA request was not directed to the Plan Commission or the park district, but to the Zoning and Land Use Planning Department.  The city has elected to treat each department, commission, and committee separately for the purposes of FOIA requests and responses.  We do not agree that these are all separate units of government regarding FOIA's,  however we will work within the City of Chicago rules and procedures, and THESE 8 APPEALS to the incomplete responses of the Zoning and Land Use Planning Department (to our 8 separate FOIA requests) are directed to the City of Chicago FOIA Officer appointed by Mayor Daley.



2. PEDWAY COMPLETION

(a) Request copies of any documents and communications related to the completion of the Pedway as approved by the Chicago City Council in the latest Amendment to Planned Development #70.  (b)Also include documents correcting the omission in the 2003 Central Area Plan that did not include the completion of the Pedway to the older buildings in the southeast corner of PD #70 that had been confirmed in the approval by the Chicago City Council in 2001 and 2002.  (c) Also include copies of any communications related to the Part II requirement imposed on the developer of the 340 building to extend the Pedway at the request of the Buckingham.

9-2-09 STATUS OF FOIA REQUEST:
(a) A few letters were found in the 8-hour 7-foot search by Richard Ward that referred to the Blue Cross Pedway section, and to the difficulty with the Fairmont completing their section.  However, no letters or email copies were offered containing information on why the 2001 PD #70 Amendment relieved the developer of Pedway completion outside of Sub Area E.  Date-stamped copies (both DPD and Clerk’s office) of the 1993 Covenant Agreement between the developer and the 400 Association were obtained from the 7-foot search.

It is requested that the transcript of the Plan Commission meeting on January 21. 1993 not be returned to the warehouse storage because it could be evidence in any litigation or administrative decisions to enforce the Covenant Agreement to complete the Pedway.  Please confirm that this transcript contains the following excerpts on pages 100, 140, 146, 159, and 198:

1993 PLAN COMMISSION TRANSCRIPT EXCERPTS:
Lawyers Rolando Acosta and Jack Guthman spoke in behalf of the developer applicant. Mr. Acosta stated on page 100: “There is an agreement between the applicant and 400 East Randolph condominium association that was entered into in 1979 at the time of the 1979 amendment. The applicant intends to abide by that agreement. We do not believe that this amendment (1993) violates that agreement. We do not believe that this amendment (1993) voids that agreement.”

Samuel Frieman represented the 400 Condominium Association. He read the 1979 Agreement into the record of the hearing… Point Three: “provided however in the development of townhouses between the upper level plaza and plus thirty feet above the upper level, anywhere north of the 400 building and Harbor Point, the Venture may develop said townhouses in accordance with the site coverage limitations provided under the ’79 Agreement. (Website note: that the town home "site coverage" was limited to 60% of a single parcel above the “plaza level” of Upper Randolph. LSE appears to be using 85% - 55' out of 65' parcel depth.)
This venture agrees to cooperate in the planning of pedestrian traffic connection between the 400 Building and the pedestrian walkway system, which will eventually be constructed when the adjacent property to the north of the 400 Building is developed.
To that end, the 400 Condominium Association within one year, will provide plans to the Venture, exhibit these communications showing that those plans were provided.”

On page 140, Mr. Frieman continued: “Four, major pedestrian pedway. The planned enclosed all-weather walkway designed to accommodate pedestrian accessibility at the arcade level through the 1979 amendment and continuing to date (1993) ran from Michigan Avenue to the Lake on its east-west path. The proposed amendment would end the walkway at the west line of Field Boulevard and I believe that’s being modified too as of this week.” (It was not modified in the published final document, as promised to ODE and the Plan Commission.) On page 146, he summarized: “Moreover, we object to the disregard of the substance to the 1979 letter agreement, Exhibit A, concerning development in the area east of field Boulevard and Outer Drive East building’s connection to the pedestrian pedway. We urge the Chicago Plan commission and the Chicago City Council to recognize and support the principles and promises of that agreement and incorporate it in the amendment.

On page 159 -  Chairman Hedlund addressed the applicant Mr. Acosta: “Your position is then that there, that the application that we’re being asked to approve does not change anything previously agreed to between the developer and the 400 condominium Association.”
Mr. Acosta replied: “That is correct.”
Chairman Hedlund: “That is your position.”
Mr. Acosta: “And if the 400 Condominium Association continues to be nervous, we are more than happy to retype this letter and resign it today.
Chairman Hedlund: “Retype the 1979 letter?”
Mr. Acosta: “Yes. We can type the verbatim, except obviously for the language of changes post ’79 and we would have it executed by the partners of the Venture.
Chairman Hedlund: “ And I assume your willingness then, if we were to condition our approval to a republishing of that letter and signing by the developer and Condominium Association, you would consent to that?”
Mr. Acosta: “Yes.”
Chairman Hedlund: “All right. That solves that problem.”
(Note: It was updated and signed on 2-8-1993.)
Mitchell Carden of the Metropolitan Planning Council received the amended PD only that morning, and stated on page 198:We also feel that a pedestrian walkway must extend all the way to Lake Shore Drive as in the 1979 amendment and we cite the illustration and page in the ’79 amendment. Rather than ending at Field Boulevard, as is proposed in the new amendment. This leaves all five residential buildings at the end of Randolph and Harbor Drive without any access to Michigan Avenue or to Illinois Center. The 1969 Planned Development had a very specific timeframe for completion of pedestrian walkways, park and other infrastructure improvements. All of this was to be completed at the end of 20 years, in 1989.” (Emphasis added to excerpts)


(b)  The 2009 revision to the 2003 Central Area Plan has recently been approved by the Plan Commission, without including the necessary correction of the 2001 New Eastside Pedway completion, already approved by the City Council in March, 2001.


(c)  An additional signed copy of the January 10, 2005 DPD Part II approval for the construction of the 340 Randolph building was obtained in the 7-foot search.  This apparently still requires to developer to extend the Pedway “under Randolph” to the corner of the Buckingham, when requested by the Buckingham Board. No search has yet been made for additional email or letter communications per this FOIA request.

9-17-09 CHICAGO RESPONSE TO FOIA REQUEST:
              "2.  pedway ...no  updated documents"
9-22-08 WARD APPEAL COMMENTS:  
(a)  Chicago failed to state specifically that there are absolutely "no letters or email copies... containing information on why the 2001 PD #70 Amendment relieved the developer of Pedway completion outside of Sub Area E".
(b)  No documents were responsive that could explain the ommission of the Pedway completion from either the 2003 or the 2009 Central Area Plan, that was approved by the City Council in 2001.  If none exist, then this appeal requests that the city so state.
(c)  This appeal requests that the city state specifically that no emails or letter communications exist regarding the 340 Randolph Part II approval requiring the developer to extend the Pedway to the corner of 360 Randolph.

 



3. VILLAGE MARKET

Request for latest application from the lead PD #70 developer for the Village Market land north of the 340 and 360 Randolph buildings. Request for any related communications and/or Part II approvals or “minor changes” by the Department of Planning.

9-2-09 STATUS OF FOIA REQUEST -  The latest application, related communications, and/or Part II approval, and minor changes were not provided in response to this Illinois FOIA request.  One incomplete (1st page only) “minor change” document dated March 27, 2008 allowed the frontage to be extended to Field Drive and automobile access from Field Drive.

9-17-09 CHICAGO RESPONSE TO FOIA REQUEST:
      3. part II drawings for village market- these are part of a large drawing set. Mr. Ward would have seen and reviewed these when he made his FOIA appointment.

9-22-08 WARD APPEAL COMMENTS:   This would be a good time to comment on the sloppy record keeping where records from 40 years were dumped randomly into 4  2-foot long boxes, and the public is expected to unravel this convenient mess to find for themselves whatever documents they need to understand city actions. These "filing shortcuts" disregard the purposes of the Illinois FOIA statutes, and apparently are designed to frustrate requests for documents, and avoid government transparancy.

This appeal requests a complete response to the request "for any related communications and/or Part II approvals or 'minor changes'.  If there are none, then please so state.

It is anticipated that several of these unanswered FOIA requests will be refiled when the FOIA Amendments become effective on January 1, 2010 and when penalities and Attorney General legal help will be available to enforce the statues.



4. LAKESHORE EAST SPECIAL ASSESSMENT

Request for any documents or communications related to the reasoning for distributing the financial responsibility for the infrastructure improvements for the planned development Sub-Area E. Please include copies of any ordinances, spread-sheet projections, and a break-down of the costs included in the special assessment.

9-2-09 STATUS OF FOIA REQUEST – The Chicago Zoning and Land Use Planning Department was almost completely unresponsive to this fourth Illinois FOIA request.

The only small hint of a written explanation was obtained in a DPD October 11, 2001 letter to Smith Properties Holdings Lakeshore East L.L.C., as “Purchaser” of parcels G1, G2, and portions of A3, confirming they “shall have no obligation to contribute to the payment or to undertake the construction of the Public Park, Public Elementary School or other public improvements” outside those parcels.

9-17-09 CHICAGO RESPONSE TO FOIA REQUEST:
                 4.  We do not have any documents related to the special assessment 


9-22-08 WARD APPEAL COMMENTS:  We have a copy of the Planning Department letter dated 10-11-2001 relating to the Lakeshore East $60 million Real Estate Special Assessment .  We presume that letter did not exist in a vacuum and there were an application, spreadsheets, ordinances, emails, faxes, and other written communications.  This appeal to the above insufficient WE do not have any..." response requests specific documents for our request for: "for any documents or communications related to the reasoning for distributing the finacial responsibility for the infrastructure improvements for the planned development Sub-Area E. Please include copies of any ordinances, spread-sheet projections, and a break-down of the costs included in the special assessment".




5. UPPER HARBOR-WACKER CONNECTION

Request for a copy of the signed letter endorsing the Upper Harbor-Wacker connection in 2001 that was drafted by the Department of Planning and signed by all four condominium presidents at a meeting with Benet Haller on Friday, March 2, 2001. Also request any communications from 2001(or more recently) with the Chicago DOT and the developer regarding the estimated cost of the connection and the requirement to keep the Right-of way clear between the Regatta and the Chandler, especially with the traffic anticipated from the 8 remaining high-rise buildings east and west of the proposed connection.

9-2-09 STATUS OF FOIA REQUEST – The City of Chicago Zoning and Land Use Planning Department was completely unresponsive to this fifth Illinois FOIA request.

9-17-09 CHICAGO RESPONSE TO FOIA REQUEST: 
                                      "5.   I don't  think i still have a copy."
9-22-08 WARD APPEAL COMMENTS:  This casual response implies that no one really searched their files or on the electronic storage files of the city for the document signed by all 4 condominium presidents and drafted on city computers. This FOIA denial appeal repeats the request for a signed copy of the letter with the ID block: C:\WINDOWS\TEMP\Mayor-CommissionerLtr030201.wpd   This indicates that the letter was drafted by the Chicago Department of Planning on March 2, 2001 using Word Perfect software.  View a retyped copy of the unsigned letter at http://neweastside.org/Harbor-Wacker.html Richard Ward may have missed the signed copy during his 8-hour review of 7 feet of documents.  However, the city employees are responsible to search for FOIA requests, not the citizen requesting the documents. 
  




6. BUILDINGS B-C-D COMBINED

Request for any applications, communications, or Part II approvals (including “minor changes”) related to increasing the height and rotating approved building C ninety degrees and combining it with approved buildings B and D. This proposal will have a significant impact on the thousands of residents in the Tides, Shoreham, and the high-rise buildings north of the river, so should be subject to public disclosure, hearings, and PD Amendment approval by the Chicago City Council.

9-2-09 STATUS OF FOIA REQUEST -  The City of Chicago Zoning and Land Use Planning Department was completely unresponsive to this sixth Illinois FOIA request. 

9-17-09 CHICAGO RESPONSE TO FOIA REQUEST: 
                          6. No responsive documents. There would need to be an amendment .

9-22-08 WARD APPEAL COMMENTS: It has been noted that recent plan layouts published by the developer have changed the orientation of building C to north-south from east-west.  This appeal requests specific responses for any applications, communications, or Part II approvals (including “minor changes”) related to increasing the height and rotating approved building C ninety degrees and combining it with approved buildings B and D. If the developer is providing unapproved and misleading information to new renters in the Tides and Shoreham, then please so state.  We appeal the inaccurate and incomplete response to this 6th FOIA request.


7. ELEMENTARY SCHOOL

Request any applications, communications, or Part II approvals for the elementary school that has been a requirement of PD #70 and all Amendments since 1969. Also requested are copies of any communications and/or state statue that exempts building a New Eastside elementary school within a certain distance of an establishment holding a liquor license. Also requested are communications and agreements with the current lead developer on the financial and/or parking responsibility of the Chicago School District, the developer, the special assessment fund, and the City of Chicago.

9-2-09 STATUS OF FOIA REQUEST -  The City of Chicago Zoning and Land Use Planning Department was completely unresponsive to this seventh Illinois FOIA request. 

9-17-09 CHICAGO RESPONSE TO FOIA REQUEST:
             "7. Financial arrangements would not be part of the PD.  State requirements for liquor                               licenses are also not within our purview."

9-22-08 WARD APPEAL COMMENTS:  The requirement, location, parking, and financial responsibility of the school on the Planned Development #70 site has always been subject to approval by the Dept. of Planning and the Chicago City Council, in addition to the Chicago Public School Board.  This appeal repeats the unanswered request above.  Please be specific and respond fully to all parts of the request for documents.  If the Planning Department has no documents or written or email communications, then so state.   Responding to one part of the request is not an acceptable or legal  response.  We appeal the incomplete and inaccurate response by the Department of Zoning and Land Use Planning.



8. EMPTY LOT MAINTENANCE

Request any communications or documents detailing responsibility of lead developer to maintain and plant grass on the remaining empty lots, especially as the current economic climate may significantly extend the timeline for completion of the 9 remaining high rise buildings, townhouses, school, and village market.

9-2-09 STATUS OF FOIA REQUEST -  The City of Chicago Zoning and Land Use Planning Department was completely unresponsive to this eighth Illinois FOIA request.

9-17-09 CHICAGO RESPONSE TO FOIA REQUEST:
                        "8.  No resposnive documents." 

9-22-08 WARD APPEAL COMMENTS:  This appeal requests confirmation that the 91-page 2001 complete Amendment of Planned Development #70 (drafted by the developer) did not contemplate the condition of empty building lots for the expected 15-year development timeline. Therefore, if there are really "No responsive documents" - please so state, then our residents will know that they have little protection from the unanticipated extended years of adjacent eyesores .


++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 


9-2-09 ADDITIONAL COMMENTS BY RICHARD WARD
Ms. Karen Gates, thank you for your hospitality in making arrangements for a comfortable desk and office for a full 8 hours to examine the 3 ½ large cartons (7-feet of warehoused documents).  There were a few problems with the copies I obtained. There was no cover sheet identifying pages 60 thru 63 of the transcript. The top of the 1st page and the Clerk’s stamp on the 4th page of the 1993 400 Agreement were incomplete.  In the future all requested copies should be printed on one side, because several documents covered more than one subject. It would be helpful if you could recopy the documents and send the single page documents to me for our review and files.

You suggested that we continue to work towards completing NEAR’s (New Eastside Association of Residents) eight Illinois FOIA requests.  Therefore, at this time, we will not consider the missing documents as a denial of our requests.  Our partial and primary objective was to obtain current documents and copies of letter and email communications, so that our community could be briefed as to the status of PD 70 and Children’s Museum development and several issues.


We appreciate the opportunity to review the 40 years of PD 70 archives that will eventually be returned to the warehouse.  I may have missed some requested documents, and Benet Haller, who has been the point-man for the last 10 years on PD 70, may desire to dig through the boxes to uncover our requested documents.  So the boxes should not be returned at this time.  Unfortunately there was no order the the boxes of documents, or within the boxes.  In the future, may I suggest that the documents be stored in some reasonable order such as by decade.  That would help make government more transparent.  Looking for several specific documents becomes an almost impossible task, if care is not taken in filing those documents.  It appears that most of the documents were just dumped in whatever space was available at the time when a person cleaned out his or her file cabinet.


Thank you, Richard Ward

---
Richard F. Ward, President, NEAR
New Eastside Association of Residents
155 N. Harbor Dr. #5101
Chicago, IL 60601
Phone Link (312) 473-7931
www.NewEastside.ORG
Add Free Alerts, Change, or Unsubscribe at:
http://neweastside.org/MailLists.html


The requirements for the developer to provide a structure for the elementary school have changed very little since 1969. Reference: http://neweastside.org/SCHOOL.html
Everyone in the New Eastside community should print a copy of the building plan approved by the Chicago City Council.  We have added the approved building heights that the developer often fails to provide during sales presentations.  Reference: http://neweastside.org/LSE2001.html
The older pictures of the Village Market model are available at (slow to download):
http://neweastside.homestead.com/untitled3.html
                       and
http://neweastside.org/VillageMarket.html
<-----Rarely is a legally strong Covenant Agreement negotiated during a public Plan Commission Hearing by the Chairman.  This transcript is the strongest evidence that each succeeding lead developer has been and remains responsible to complete the Pedway all the way to the lakefront. The 91-page PD#70 Zoning Amendment that the developer drafted in 2001, and was approved by the City Council does not negate the financial responsibility of the developer to complete the PD #70 Pedway to the lakefront.  The city does not have the authority to change a Covenant Agreement.


General comment:
Similarly, the city, park district, and the CCM also know that none of them can negate the 1836 Covenant Agreement that forbids buildings in Grant Park. There was also a weak attempt to codify the dedicaton restrictions by the Illnois Legislature in the 1861 and 1863 Chicago Charter Amendments.  Every challenge to the many bold attempts to construct a building in Grant Park  has been successful in the past 173 years.  The Art Institute and the Pritzker/Harris buildngs were never challenged.  The Children's Museum certainly will NOT be the first building in the history of Chicago to be challenged and win.
The existing Illinois FOIA laws require letters, memos, Fax, and email communications sent or received from outside the Dept.of Zoning and Land Use Planning be made available to FOIA requests.

A "somewhat stronger" amended law was signed by Governor Quinn on August 17, 2009.  It will be effective January 1, 2010 and will require the Illinois Attorney General to review and enforce violations of the Act.  Any current FOIA requests that have not been responded to properly, will be refiled after the amended law goes into effect. Current Text with January 1, 2010 Effective Changes

For the last 25 years, Illinois governments have been able to effectively avoid FOIA requests because enforcing them in court was too expensive for the average citizen. That will partially change January 1st, and is probably the most important reform to make all Illinois governments more transparent and open to public oversight.
<-------The current lead developer (Lakeshore East) wanted to find a way to spread the infrastucture costs among all the buildings in his planned 15-year project of 16 high rises and related park homes and commercial elements.  Those costs would normally be added into the cost of the buildings and individual condominiums.  We have been studying the distribution of costs and have noted signficant differences.  This FOIA request to the Dept. of Planning, that approved the special assessment and cost allocation, will answer the remaining "fairness" questions. When our investigation is complete, we will share the results with the New Eastside community via an email linked to a webpage on this website.
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<----- In 2002, we had another bad experience requesting a single document.  We wanted to review the reasoning for requiring a generator for evacuation lighting back-up power
and the removal of more reliable multiple battery back-ups.  It took 8 months to learn there never was a written document prepared by the electrical contractor volunteer consultants. It would have apparently been difficult to explain their conflict of interest, requiring buildings over 300 feet to spend nearly a half million dollars for a generator...and then removing the more reliable back-up batteries.  This 8-month journey can be reviewed at this link.
Website  Comments
This was the 9-22-09 Appeal Email to the City of Chicago that refers to the comments above colored "green" for easy reference:


From: Richard Ward <neweastside@gmail.com>
Date: Tue, Sep 22, 2009 at 7:40 AM
Subject: EIGHT FOIA APPEALS
To: Jennifer Hoyle <LW00249@cityofchicago.org>
Cc: "Bates, Karen" <Karen.Bates@cityofchicago.org>, Brendan Reilly <brendan.reilly@cityofchicago.org>, Senator Kwame Raoul <senatorraoul@sbcglobal.net>, "William D. Burns" <RepWillBurns@att.net>

Jennifer Hoyle, FOIA Officer
City of Chicago
121 N. LaSalle Street
Re: Eight Freedom of Information Act Appeals

Dear Jennifer Hoyle:

This is a combined appeal sent by email on September 22, 2009 under the Illinois Freedom of Information Act, 5 ILCS 140/10(a).  Please respond by email and electronic attachments so that they can more easily be shared with the residents of the New Eastside via the web page below. Microsoft Word files (.doc) or Word Perfect files (.wpf) are preferred if available in either format.  Adobe files (.pdf) are less convenient for sharing excerpts or inputting into a webpage, but are acceptable.

On August 3, 2009, I requested documents from the Chicago Department of Zoning and Land Use Planning, by combining 8 separate FOIA requests, for the convenience of city personnel with the responsibility to search the records.

On September 2, 2009, I was invited to personally search 4 cartons of Planned Development #70 records that had been ordered from the warehouse. The 7-feet of material accumulated over 40 years and from many individuals was in no particular order, making the 8 hours of reviewing very difficult and unproductive. If authorized, I could have at least arranged the files by decade, although that may not be appropriate volunteer work for a citizen.

On September 17, 2009 I received a response to my request in an email attachment from Karen Bates. The public body denied my request for information, and cited no particular FOIA section. As of this morning, I have not received the USPS copy.  It was stated or inferred that the requested documents, letters, faxes, and emails did not exist or could not be found conveniently. This was certainly understandable with the city’s lack of a filing system.

I am appealing the denial of my request, under subsection 10(a) of the Act. The documents that were withheld must be disclosed under the FOIA because related documents do exist.  The details of my original combined (for Chicago search convenience) 8 separate FOIA requests and appeal comments are available at ( http://neweastside.org/FOIA.html ).  Please be specific in referring to the individual online comments in the responses to these 8 appeals.

I look forward to a decision on this appeal of the denial of my FOIA request within seven working days as provided under the Act. 5 ILCS 140/10(a).
Thank you for your consideration of this appeal.

/s/ Richard F. Ward


Richard F. Ward, President, NEAR
New Eastside Association of Residents
155 N. Harbor Dr. #5101
Chicago, IL 60601
Phone Link (312) 473-7931
www.NewEastside.ORG
Add Free Alerts, Change, or Unsubscribe at:
http://neweastside.org/MailLists.html


This is the legally required response under the Illinois Freedom of Information Act that NEAR received from Jennifer Hoyle, the Law Department spokesperson designated by Mayor Richard M. Daley:
There was absolutely no response - no courtesy phone call, no polite letter, no efficient email - nothing.

Chicago just ignored the Illinois law.

And until January 1, 2010, there would be no penalty until the FOIA Amendments are effective.  The Illinois Municipal League unsuccessfully lobbied against the new requirements, presumably so their members would not be bothered with the problems of citizens monitoring an "open" government.
Mr. Ward:  This e-mail will confirm that I am in receipt of your e-mail to our office.

Thanks....

Delores Herren

Administrative Secretary
Public Access
Illinois Attorney General's Office
500 South Second Street
Springfield, IL  62706
(217) 558-0486
(217) 782-1396 (fax)
From: Richard Ward [mailto:neweastside@gmail.com]
Sent: Tuesday, September 22, 2009 9:01 AM
To: Access, Public
Cc: Senator Kwame Raoul; William D. Burns; Brendan Reilly; Jennifer Hoyle; Bates, Karen

Subject: Fwd: EIGHT FOIA APPEALS

Delores, thank you for the email address of the Illinois Attorney Generals Public Access Counselor's Office.  I appreciate your advice that your office does not normally get involved in cases until all administrative options have been exhausted.  Therefore, you will enter this forwarded email combined appeal into the Miscellaneous Log for reference when the need is timely. I will keep you advised of our progress.

Thank you, Richard  
---
Richard F. Ward, President, NEAR
New Eastside Association of Residents
fromRichard Ward <neweastside@gmail.com>
to   Delores Herren <PublicAccess@atg.state.il.us>

dateSun, Oct 11, 2009 at 10:49 PM
subjectRe: EIGHT FOIA APPEALS

Delores, there has been no response from the City of Chicago to our September 22, 2009 appeal of the denial of our 8 combined FOIA requests.  Please refer our appeal for assistance to the Illinois Attorney General's Public Access Counselor.  Details of our combined FOIA requests are available for reference at http://neweastside.org/FOIA.html

Thank you,  Richard Ward

---
Richard F. Ward, President, NEAR
New Eastside Association of Residents
155 N. Harbor Dr. #5101
Chicago, IL 60601
Phone Link (312) 473-7931
www.NewEastside.ORG
Add Free Alerts, Change, or Unsubscribe at:
http://neweastside.org/MailLists.html


On September 2, 2009, Richard Ward was invited to search himself for the documents he requested August 3, 2009.  Four boxes (approx. 7 feet of documents dating back to 1969) had been returned to City Hall from the warehouse.  Forty years of documents had been "filed" in these boxes in no particular order, so finding anything was very difficult in the 8-hour search.  Mr. Ward did similar searches in 1999 and 2000 when there were only 5 1/2 feet of documents.
As we receive additional results from the assistance we have requested from the Illinois Attorney General, we will post them on this webpage.
This is the webpage that you are currently viewing.