FOIA: OEMC Records Type

OEMCThis request to OEMC in one in a series of FOIA requests aimed at getting a better understanding of the data and records OEMC maintains and in what format they maintain it. There is section within the FOIA law that requires public bodies to maintain a list of the types of records they maintain. This should allow the public to better understand the overall operations of these agencies.  To date the responses we got are less than stellar. We hope our response from OEMC is better than we have received to this point.

Much of the operations of OEMC are shielded from public scrutiny. Their response should be more in-depth then other agencies because of the breath of their work. Our primary interest is their work around receiving 911 calls for police services and dispatching of police officers.

CJP will be producing original content based on the responses we get from the 9 criminal justice agencies. These agencies include: OEMC, CPD, State’s Attorney, Public Defender, IL State Police, IL Dept. of Corrections, Citizen Office of Police Accountability, Chicago Police Board.

If you want more information related to our struggles to get police call for service data in Chicago you can follow this link. You can also follow this link to get information about our lawsuit against OEMC for their previous failings regarding the FOIA law.

FOIA Content

This request was submitted via email on 5/14/20.

In accordance with the Illinois Freedom of Information Act, 5 ILCS 140, I request that your office provide the following public records: 

1.     A list of all types or categories of records currently under the Office of Emergency Management & Communications control, as provided in 5 ILCS 140/5. 

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

INSTRUCTIONS

If the agency believes they are going to withhold 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 subject to 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; and

(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. 

If any Document or Thing identified herein has been lost, discarded, or destroyed, each such Document or Thing should be identified as completely as possible, including as to each such Document or Thing, 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 or Thing, 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 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 tsiska@chicagojustice.org by responding to this email

Updates

May 21, 2020

RE: FOIA Request #F201006-051520  05/29/2020

Dear Tracy Siska: On behalf of the Office of Emergency Management and Communications (OEMC), I am responding to your Freedom of Information (FOIA) request that our office received on May 15, 2020, wherein you requested the following information: “If the agency believes they are going to withhold 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 subject to 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; and

(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. 

If any Document or Thing identified herein has been lost, discarded, or destroyed, each such Document or Thing should be identified as completely as possible, including as to each such Document or Thing, 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 or Thing, 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.”  At this time, we are seeking an extension of five (5) additional working days for one or more of the following reasons:

( )            The requested records are stored in whole or in part at other locations than the office having charge of the requested records;

( )            The requested records require the collection of a substantial number of specified records;

( )            The request is couched in categorical terms and requires an extensive search for the records responsive to it;

( )            The requested records have not been located in the course of routine search and additional efforts are being made to locate them;

( )            The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure or should be revealed only with appropriate deletions;

( )            The request for records cannot be complied with by the public body within the time limits prescribed by the Freedom of Information Act, 5 ILCS 140/3(c), without unduly burdening or interfering with the operations of the public body;

(x)          There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of any public body having a substantial interest in the determination or in the subject matter of the request.Please be aware that the foregoing reason(s) for additional time are found in the Freedom of Information Act, 5 ILCS 140/3(d). Sincerely, A. Martin – OEMC FOIAFreedom of Information OfficerOffice of Emergency Management & Communications312-746-9403

Author: Tracy Siska

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

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