Request for Review by PAC Re: St. Clair County Sheriff 15OV0004474 – 15OV0001966 – 14OV0004256

This letter is in response to Mr. Murley’s reply below relating to 2 requests made to the St. Clair County Sheriff’s Department. I have never received a reply from the FOIA Officer for that public body, the St. Clair County Sheriff’s Department.

I submitted a similar request to the St. Clair County State’s Attorney, which was satisfied. However, different public bodies do not necessarily possess the same records, which is why a request was made to each for copies of records in their respective possession.

Mr. Murley, the FOIA officer for the St. Clair County State’s Attorney’s Office, replied (see below) to what I believe to be my request to the St. Clair County Sheriff’s Department.

To-date, I have not received a reply from the St. Clair County Sheriff’s Department. I do not believe Mr. Murley is the FOIA Officer for the St. Clair County Sheriff’s Department, since I was directed by Major Thomas Knapp to send requests to his attention. Any response by Mr. Murley with respect to the requests outlined below are essentially unresponsive since the party responsible for the request is Major Thomas Knapp.

Furthermore, Mr. Murley states that certain records are exempt for disclosure as part of a pending prosecution, but does not cite the specific provision of the Act specifying which privacy exception is being invoked. It is also my understanding that subsequent to my initial request and Mr. Murley’s response, this case has been settled by way of a plea negotiation and order of the Court, thereby rendering any invocation of privacy pursuant to pending prosecution/investigation, moot.

Case 15OV0001966 is listed as closed on the Circuit Clerk’s website
Case 14OV0004256 is listed as closed on the Circuit Clerk’s website
Case 15OV0004474 is listed as Defendant having been sentenced and pending financial time payments on the Circuit Clerk’s website, which would indicate the conclusion of any investigation and/or prosecution.
(http://www.circuitclerk.co.st-clair.il.us/courts/Pages/icj.aspx)

For sake of clarity, I would like this request for review to be revisited by the PAC for a determination on the issues raised above, and to receive a reply, either complying with, or denying, the request made to the St. Clair County Sheriff’s Department.

Sean Murley wrote:
> Dear AAG Mukherjee:
>
> Our records indicate that we responded to the requester’s inquiry on
> December 2, 2015. Please find the attached PDF file containing that
> response. It should also be noted that as a result of your letter dated
> December 30, 2015 a new search of our records was conducted. This search
> located reports in the possession of our office concerning the cases of
> interest. However, it is our position that these reports are exempt for
> disclosure as part of a pending prosecution. Please contact me if I can
> be of further assistance.
>
> Sincerely,
>
> Sean Murley
>
> Assistant State’s Attorney
>

Mark McCoy wrote:

Dear Public Access Counselor,

Can you confirm whether this has been received and in-progress?
Thank you.

Mark McCoy wrote:

FOIA REQUEST FOR REVIEW BY PUBLIC ACCESS COUNSELOR (PAC)

Public Access Counselor
Sarah Pratt
Acting Public Access Counselor
Office of the Illinois Attorney General
500 S. 2nd Street
Springfield, Illinois 62706
(1-877-299-36421-877-299-3642)
Fax: (217) 782-1396
[email protected]

I am filing this appeal pursuant to a partial response to my request for
public records made to the St. Clair County Sheriff’s Department, copies
of said request included with this appeal. The request was emailed on
11/27/15 and no reply was ever received.

Requester: Mark McCoy
Request Submitted by: E-mail
E-mail: [email protected]

Date of request for this review: 12/9/15

I hereby submit this request for the Public Access Counselor to review
the denial of my FOIA request.
Date on Which the Public Body Denied the FOIA Request:
Date Requested: 11/27/2015 (Constitutes 2 emails for 3 records)

I never received a reply from the Public Body.

Name of the Public Body: St. Clair County Sheriff’s Department

Attach the following documents:

Copy of FOIA Request.
See text below as well as actual email attached to this message.

Nature of Request for Review: The Public Body never responded.

————–BEGIN COPY OF ORIGINAL REQUEST EMAIL SENT 11-27-15 FOIA
Request RE: Case: 15OV0004474 and Case: 15OV0001966————–

Request Submitted to:

FOIA Officer – Major Thomas Knapp
St. Clair County Sheriff?s Department
700 North Fifth St.
Belleville, IL 62220
E-mail: [email protected]

Date Requested: 11/27/2015

Requester: Mark McCoy
Request Submitted by: E-mail
E-mail: [email protected]

Records Requested:
Records related to the following cases as filed by the St. Clair County
Sheriff’s Department with the St. Clair County Circuit Clerk:
Case: 15OV0004474
Case: 15OV0001966
Any records, including but not limited to, notes, memos, photographs,
investigative reports, statements, complaints, warrants, arrests,
bookings, mugshots, fingerprints, witness statements, video or audio
recordings made pursuant to by either vehicle recording devices or
officer-worn recording devices.

Request for copies of documents? Yes – preferably electronic
(scanned/digital)
Request for certified copies of documents? NO
Request to view copies of documents at the public body location? NO

Request for paper or electronic copies (where possible)?Electronic
If electronic copies, which format? Email(PDF, TXT, DOC, Digital Image,
or other digital document) and/or CD/DVD ROM (if size is too large for
email)

Is this request for a commercial purpose? NO

I understand it is a violation of the Freedom of Information Act for a
person to knowingly obtain a public record for a
commercial purpose without disclosing that it is for a commercial
purpose, if it is requested to do so by
the public body. 5 ILCS 140.3.1(c).

I am requesting a fee waiver? YES
“If you are requesting a waiver of any fees for copying the documents,
you must attach a statement of the
purpose of the request and whether the principal purpose of the request
is to access or disseminate
information regarding the health, safety and welfare or legal rights of
the general public. 5 ILCS
140/6(c).

STATEMENT OF PURPOSE IN SUPPORT OF FEE WAIVER:
I am requesting the records be provided without charge or at a reduced
fee, as this information is relevant to ?the public interest?. The
information requested will be used for non-commercial purposes. The
information requested may be used as research for a study related to the
subject matter and subject herein in furthering the public interest.
This information may be provided to the public at no cost for the
purposes
of educating the pubic and fomenting public interest in matters related
to the operation of government. The information may be published for
disseminating
information on a website of a non-commercial nature and which does not
solicit nor accept
any fees or contributions of any kind for access to publicly available
information.
The nature of the website where this information may be published is for
informing
the general public as to governmental functions and actions with respect
to the health, safety, welfare, and rights of the general public.

As provided by The Freedom of Information Act, I will expect your
written response within seven (7) working days, but understand that
comprehensive requests may require reasonable extensions of time
for a response pursuant to statute.

If you choose to deny this request, please provide a written explanation
for the denial including a reference to the specific statutory
exemption(s) upon which you rely. Also, please provide all segregable
portions of otherwise exempt material.
————–END COPY OF ORIGINAL REQUEST EMAIL SENT 11-27-15 FOIA
Request RE: Case: 15OV0004474 and Case: 15OV0001966————–

————–BEGIN COPY OF ORIGINAL REQUEST EMAIL SENT 11-27-15 FOIA
Request RE: Case: 14OV0004256————–
Request Submitted to:

FOIA Officer – Major Thomas Knapp
St. Clair County Sheriff?s Department
700 North Fifth St.
Belleville, IL 62220
E-mail: [email protected]

Date Requested: 11/27/2015

Requester: Mark McCoy
Request Submitted by: E-mail
E-mail: [email protected]

Records Requested:
Records related to the following cases as filed by the St. Clair County
Sheriff’s Department with the St. Clair County Circuit Clerk:
Case: 14OV0004256

Any records, including but not limited to, notes, memos, photographs,
investigative reports, statements, complaints, warrants, arrests,
bookings, mugshots, fingerprints, witness statements, video or audio
recordings made pursuant to by either vehicle recording devices or
officer-worn recording devices.

Request for copies of documents? Yes – preferably electronic
(scanned/digital)
Request for certified copies of documents? NO
Request to view copies of documents at the public body location? NO

Request for paper or electronic copies (where possible)?Electronic
If electronic copies, which format? Email(PDF, TXT, DOC, Digital Image,
or other digital document) and/or CD/DVD ROM (if size is too large for
email)

Is this request for a commercial purpose? NO

I understand it is a violation of the Freedom of Information Act for a
person to knowingly obtain a public record for a
commercial purpose without disclosing that it is for a commercial
purpose, if it is requested to do so by
the public body. 5 ILCS 140.3.1(c).

I am requesting a fee waiver? YES
“If you are requesting a waiver of any fees for copying the documents,
you must attach a statement of the
purpose of the request and whether the principal purpose of the request
is to access or disseminate
information regarding the health, safety and welfare or legal rights of
the general public. 5 ILCS
140/6(c).

STATEMENT OF PURPOSE IN SUPPORT OF FEE WAIVER:
I am requesting the records be provided without charge or at a reduced
fee, as this information is relevant to ?the public interest?. The
information requested will be used for non-commercial purposes. The
information requested may be used as research for a study related to the
subject matter and subject herein in furthering the public interest.
This information may be provided to the public at no cost for the
purposes
of educating the pubic and fomenting public interest in matters related
to the operation of government. The information may be published for
disseminating
information on a website of a non-commercial nature and which does not
solicit nor accept
any fees or contributions of any kind for access to publicly available
information.
The nature of the website where this information may be published is for
informing
the general public as to governmental functions and actions with respect
to the health, safety, welfare, and rights of the general public.

As provided by The Freedom of Information Act, I will expect your
written response within seven (7) working days, but understand that
comprehensive requests may require reasonable extensions of time
for a response pursuant to statute.

If you choose to deny this request, please provide a written explanation
for the denial including a reference to the specific statutory
exemption(s) upon which you rely. Also, please provide all segregable
portions of otherwise exempt material.
————–END COPY OF ORIGINAL REQUEST EMAIL SENT 11-27-15 FOIA
Request RE: Case: 14OV0004256————–