They say in their response: "the requested records require examination by a competent person to determine which, if any, are exempt under Section 7 of the FOIA;"
I can imagine that it is pretty hard to find a "competent person" at D65 HQ!
They say in their response: "the requested records require examination by a competent person to determine which, if any, are exempt under Section 7 of the FOIA;"
I can imagine that it is pretty hard to find a "competent person" at D65 HQ!
Being serious, though. It seems as if it is standard operating procedure for public agencies to use the FOIA extension excuse. I haven't filed any FOIAs with D65, but I usually find myself filing 3-5 a year with the City of Evanston and I don't think I've ever had them get the docs to me in the five day window.
With regard to the memo, they should have made it public in the first place given that it was 100% predictable that people would want to see it. There is nothing precluding any of the board members from taking a picture and posting it on facebook or something.
Instead you get Donna chiding community members for not showing up to public comment to give views on the hidden memo and everyone involved (journalists, the public, D65 clerical staff) having to go through the FOIA rigamarole.
Tom, on the FOIA memo delay give them a break!
They say in their response: "the requested records require examination by a competent person to determine which, if any, are exempt under Section 7 of the FOIA;"
I can imagine that it is pretty hard to find a "competent person" at D65 HQ!
Having been on the end of delivering FOIA responses at a few places any delay is likely:
A) they are annoyed at the request/requestor so they are waiting as long as allowed
B) they are waiting to let enough time pass that the issue hopefully cools off a little
C) they are working with legal to find as many redactions as can be reasonably allowed
D) they are working with legal to find any reason to not provide anything responsive to the request
E) the request is complicated and voluminous and requires a lot of time to fulfill
Given you asked for a very specific document, and the org has been generally ok with response time, my guess is B-D apply, and maybe A.
Being serious, though. It seems as if it is standard operating procedure for public agencies to use the FOIA extension excuse. I haven't filed any FOIAs with D65, but I usually find myself filing 3-5 a year with the City of Evanston and I don't think I've ever had them get the docs to me in the five day window.
With regard to the memo, they should have made it public in the first place given that it was 100% predictable that people would want to see it. There is nothing precluding any of the board members from taking a picture and posting it on facebook or something.
Instead you get Donna chiding community members for not showing up to public comment to give views on the hidden memo and everyone involved (journalists, the public, D65 clerical staff) having to go through the FOIA rigamarole.
Yeah, I get this extension all the time but it depends on the agency. Here's my experience:
- Federal Government: Good luck, maybe 1 year if you are lucky
- ETHS: Usually 5 days
- Chicago Public Schools: 10 days 100% of the time
- D219 / Niles: 10 days 100% of the time
- ISBE: 10 days 100% of the time
- City of Evanston: PD requests usually 5 days, everything else 10
- District 65: Usually 5 days but more often 10 days now (which is kind of why I'm pushing back on this)
- New Trier: < 1 day