FOIA: Cook County Bureau of Finance

This FOIA to the Cook County Bureau of Finance is CJP’s response to the assertions made by the Cook County State’s Attorney’s Office (SAO).

In our ongoing multi-year battle to open up the SAO’s data they have informed us that they don’t possess a data dictionary for their Elite Crimes Case Management System they purchased from CIBER on July 12, 2005 for $2,975,560.

He is our post about our legal battle with the Cook County State’s Attorney’s Office as we tried to open their felony prosecution data. We also just recently filed another series of FOIA requests with the office aimed at getting felony prosecution data from 1990-2010.

Yes, they are saying the office that spent $3 million on a customized case management system and another $128K + a year on in the subsequent years on maintenance and upgrades to the system does not possess a data dictionary. They also say they don’t possess any materials that they use to train new prosecutors on how to use the system or any materials to train existing prosecutors how to use the updated system each year.

So, CJP is endeavoring with this FOIA to get more information about how much money the office spent on the system and what materials were included when they obtained the software. To do this we have decided to seek public records from the Cook County Bureau of Finance.

FOIA Content

To:  Cook County Office Bureau of Finance 

Regarding:  FOIA Request for documents relating to the Elite Case Management System/Crimes Database of the State’s Attorney’s Office, and/or Ciber, Inc.

In accordance with Definitions and Instructions below and the Illinois Freedom of Information Act, 5 ILCS 140 et seq, I request that You provide the following public records: 

FOIA #1
All records of expenditures related in any way to CIBER Inc. for the time period of Jan 1, 1990 – April, 23, 2020.

Without limiting the above request, Your response should include but not be limited to the Cook County Board approved purchase of the Elite Case Management System (or Crimes Database, as defined below) for the Cook County State’s Attorney’s Office on 7/12/05 for $2,975,560, and all renewals, updates, and maintenance for same.  We specifically request copies of all of the following types of documents:   

     A.    Requests for proposals or invitations for bids;

     B.    Specifications;

     C.    Proposals;

      D.    Board Approvals, including but not limited to the July 12, 2005 Board Approval of $2,975,000 to Ciber, Inc. and any and all related paperwork;

      E.    Requisitions and/or Purchase Requisitions

a.     Including but not limited to Requisition Number 00099753 OC and all related paperwork, and all similar or related Requisitions for the same or related software;

b.     Including but not limited to Internal Req Number 12500049, and all similar or related Requisitions for the same software;

c.     Including but not limited to annual Requisitions to Ciber (as defined herein) and all related paperwork and/or Ciber customer ID 04107CCSA008 and/or Cook County Government vendor number 735841;

d.     Including but not limited to Requisitions related to System #OC 99753, and all similar or related Requisitions for the same software;

     F.    Bids

a.     Including but not limited to bids by Ciber (as defined herein);

     G.   Sole Source Justifications

     H.    Purchase orders

a.     Including but not limited to Purchase Order 179146-0000-OP dated 12/7/2011 for $128,500, and all related paperwork, and all similar or related or annual Purchase orders and Requisitions for the same software;

     I.      Master contracts, Contracts, Sub contracts, and contract addenda or amendments;

     J.     Work Orders, Statements of Work, implementation orders, change orders, and the like (by whatever names they are known by You or your vendor(s));

     K.    Progress reports, Statements of Work, and the like (by whatever names they are known by You or your vendor(s));

     L.     Licenses or license agreements, or similar authority to use software or related IP;

     M.   Invoices

a.     Including but not limited to Ciber Invoice 04-68687870, and all similar or related Requisitions for the same software;

    N.    Records of payment of Invoices, including vouchers, voucher forms, and checks

a.     Including but not limited to payments on Invoice 04-68687870 and/or voucher dated 11/22/2011 on invoice 04-68687870 and all similar or related records of payments;

    O.   The records of any applicable procurement officer or chief procurement officer; and/or

    P.    Any related records of, or communications with Cook County Bureau of Finance, the Cook County Department of Revenue, and the Office of the Chief Procurement Officer.

FOIA #2

All records of expenditures related in any way to Cook County Government vendor number 735841 for the time period of Jan 1, 1990 – April, 23, 2020. 

FOIA #3

A list of all types or categories of records currently under Your control relating in any way to the Crimes Database and/or Elite Case Management System and/or Ciber, Inc., as provided in 5 ILCS 140/5.

FOIA #4

A description of the manner in which public records by means of electronic data processing may be obtained from You (in a form comprehensible to persons lacking knowledge of computer language or printout format), as provided in 5 ILCS 140/5.

FOIA #5

Records sufficient to show Your efforts to locate and produce the records requested in FOIAs 1-4 above. This should include:

1.     Where you searched for responsive Records and Documents.

2.     Who searched for responsive Records and Documents.

3.     Who was requested to produce responsive Records and Documents.

4.     The identity of any Records and Documents that were located but not produced for any reason.

DEFINITIONS
“Any,” “all,” “any/all,” “any or all,” “any and all,” “and,” “or,” and “and/or” are always to be interpreted inclusively to the greatest extent legally permitted.

“Document” and/or “Documents” means any documents or electronically stored information of any kind—including writings, drawings, graphs, charts, photographs, video recordings, sound recordings, images, databases, and other data or data compilations—stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form.

The “Elite Case Management System” and “Crimes Database” means any database used by the Cook County State’s Attorney’s Office to store or share information related to arrests, crimes, or prosecutions.  In particular this includes databases known by or referred to by any or all of the following names:

·       CIBER Software, CRIMES Elite 8.0 and/or prior, current, or future versions of same;

·       CIBERlaw ELitE 8.0 and/or prior, current, or future versions of same;

·       CIBERLaw and/or Annual CIBERLaw;

·       the CRIMES Elite case management system;

·       Criminal Case Mgmt System;

·       System 99753;

·       the 8.0 Elite Case Management System for the Cook County State’s Attorney’s Office and/or prior, current, or future versions of same;

·       the database provided, upgraded and/or serviced by Ciber or Ciber Inc.;

·       Any and all prior, current, or anticipated future or replacement versions of these systems, by any name whatsoever. 

“Ciber” and/or “Ciber, Inc.” means Ciber, Inc., its departments, agents, affiliates, predecessors, successors, assigns, and any related entities or entities working on Ciber’s behalf or at its direction, which may, for the assistance in locating the relevant records only and without limitation, relate to any or all of the following (inclusively): 

·       Ciber, Inc.

·       Ciber, Inc., Law and Justice Solutions Division

·       Ciber, Inc., 2150 River Plaza Drive, Suite 320, Sacramento California

·       Ciber, Inc., PO Box 844140, Dallas Texas

·       Ciber, Inc., Dept. 1301, Denver Colorado

·       Ciber, Inc., 6363 S. Fiddler’s Green Circle, Greenwood Village, Colorado

·       EIN # 38-2046833

·       Cook County Government vendor number 735841

·       Ciber Global, LLC

·       Ciber Global, 3270 West Big Beaver Road, Troy, Michigan

·       Ciber, an HTC Global Company

·       HTC Global Services

·       www.ciber.com

“You” or “Your” means the Cook County Office of the Purchasing Agent, and any or all attorneys, employees, officers, directors, bureaus, offices, agents, divisions or subdivisions of same.

INSTRUCTIONS
If the agency withholds any document or information pertinent to the requests made herein, please identify the document or information in as much detail as is possible, and detail in specific language why each document or piece of information is being withheld.

If any information requested herein is withheld on the basis of a claim of privilege or other protection as material prepared in anticipation of litigation or trial, then that claim shall be made expressly in a writing that describes the nature of the Documents, Communications, or Things not produced or disclosed in a manner that will enable us to assess the applicability of the privilege or protection. With regard to each claim of privilege or protection, the following information should be provided in the response or the objection:

(a) the type of Document, e.g., letter or memorandum;

(b) general subject matter of the Document;

(c) the date of the Document;

(d) such other information as is sufficient to identify the Document for a subpoena duces tecum, including, where appropriate, the author, addressee, and any other recipient of the Document, and, where not apparent, the relationship of the author, addressee, and any other recipient to each other; and

(e) the nature of the privilege or protection;

(f) if applicable, the litigation or trial of which he document was created in anticipation.

If any Document identified herein has been lost, discarded, or destroyed, each such Document should be identified as completely as possible, including as to each such Document, its date, general nature (e.g., letter, memorandum, telegram, telex, photograph, computer printout), subject matter, each author or originator, each person indicated as an addressee or copy recipient, and its former custodian(s). In addition, as to each such Document, the following information shall be supplied:

(a) date of disposal, loss, or destruction;

(b) manner of disposal, loss, or destruction;

(c) reason for disposal or destruction, or any explanation of loss;

(d) persons authorizing the disposal or destruction;

(e) persons having knowledge of the disposal, destruction, or loss; and

(f) persons who destroyed, lost, or disposed or the Document or Thing.

I look forward to hearing from you in writing within five working days, as required by the Act 5 ILCS 140(3).  Please direct all questions or responses to this FOIA request to this email address by responding to this email. I can be reached at tsiska@chicagojustice.org

Updates

5/4 –

Under the Act, a public body may extend the time to respond to a request by up to five (5) business days for a limited number of reasons.  5 ILCS 140/3(e).  We are extending the time to respond to your requests by five (5) business days because there is a need for consultation, which shall be conducted with all practicable speed, among two or more components of a public body having a substantial interest in the subject matter of the request.  5 ILCS 140/3(e)(vii).

We will respond to your request by Monday, May 11, 2020.

Thank you for your patience.

Rachel

Author: Tracy Siska

Tracy Siska is the Founder and Executive Director of the Chicago Justice Project.

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