You’re leaving me no choice, Secretary White
Tuesday, Feb 18, 2020 - Posted by Rich Miller
* You may recall that I’ve been trying to find a way to get a list of people who have been banned from the Statehouse without a security escort. My FOIA requests were denied twice by the secretary of state’s office…
In balancing the privacy rights of the alleged victim, the banned individual and any witnesses, with the public interest in disclosure, the Office of the Secretary of State respectfully declines to invade the personal privacy of, or expose the victim, the banned individual and any witnesses to, potential harm either personally or professionally by revealing their identities through the release of the requested information.
* I then asked for any actual written policies or regulations that justify refusing to release the list of people banned from the Statehouse or even the number of people banned from the Statehouse. Reply…
The Secretary of State Police advised me that there are no documents in their files that comply with your request, Accordingly, your request is denied.
Donna M. Leonard
Executive Counsel
Illinois Secretary of State
So, basically they’re just saying: “We’re not gonna do it.”
I think I have to take this up the ladder now.
- Rich Miller - Tuesday, Feb 18, 20 @ 1:36 pm:
In the meantime, how do we get Blagojevich banned from the Statehouse? /s
- Shemp - Tuesday, Feb 18, 20 @ 1:43 pm:
Legit question, not snark!
- SpfdNewb - Tuesday, Feb 18, 20 @ 1:46 pm:
=In the meantime, how do we get Blagojevich banned from the Statehouse? /s=
I think you can drop the /s, that is a valid question.
- Juvenal - Tuesday, Feb 18, 20 @ 1:47 pm:
=== I have been directed to deny your request. ===
Directed by whom?
I mean, the whole argument kinda falls apart after that.
- Donnie Elgin - Tuesday, Feb 18, 20 @ 1:50 pm:
If you choose to file a Request for Review with the PAC, you must do so within 60 calendar
days of the date of this denial.
- Maryjane - Tuesday, Feb 18, 20 @ 1:59 pm:
Would it help to have a known attorney from an established law firm do the asking on your behalf?
- Steve Rogers - Tuesday, Feb 18, 20 @ 2:00 pm:
I think I like the idea of Blago coming to the Statehouse. Then someone can ask him the last time he was there? “Oh, when I was impeached, convicted, and removed from office. Good times. Good times.”
To the post: by taking it up the ladder, I assume you’re going to Trump himself. He can do anything.
- Upon Further Review - Tuesday, Feb 18, 20 @ 2:04 pm:
It would seem that “we have no written rules and/or protocols . . . .hence, we cannot produce the specifics that your request” defense is pretty weak.
“We are just winging it” and “this is the way that it has always been done” seem to fit comfortably in the good ole’ boy file.
- Boomerang - Tuesday, Feb 18, 20 @ 2:05 pm:
But that certain ex-Governor may actually be able to repaint you in your case against the SOS. He knows the ropes!
(And he needs a job.)
- Hippopotamus - Tuesday, Feb 18, 20 @ 2:05 pm:
How can you ban a person from a public building? What’s the standard to be banned? What’s the notice procedure? What’s the due process afforded? I think the SOS is making this policy up as they go.
- TheInvisibleMan - Tuesday, Feb 18, 20 @ 2:06 pm:
This is exactly why the penalties need to be harsher for recklessly refusing FIOA requests with nonsense reasons.
After a request for review, the only other remedy is to file a lawsuit against the agency responsible to allow the courts to force the release of any documents. Not the person responsible, just the agency.
There is no(enforced) equivalent if a police officer decides to make up laws to justify behavior. You are only given qualified immunity if your actions are within the law.
This needs to be changed with FOIA. There’s no negative ramification for a department head in these cases. Any lawsuit would just be paid out by the agency, not the person tossing out denials like candy, and not supported by any law.
- TheInvisibleMan - Tuesday, Feb 18, 20 @ 2:07 pm:
===How can you ban a person from a public building?===
School district do this all the time as retaliation for anyone who questions them.
- JoanP - Tuesday, Feb 18, 20 @ 2:07 pm:
=how do we get Blagojevich banned from the Statehouse?=
No, no. How do we get him banned from the entire state?
- OneMan - Tuesday, Feb 18, 20 @ 2:12 pm:
If decides to show up and hold up a frame around his face in the area where the governor paintings are will someone give me a heads up?
- A FOIA Officer - Tuesday, Feb 18, 20 @ 2:12 pm:
===The Secretary of State Police advised me that there are no documents in their files that comply with your request, Accordingly, your request is denied.===
That’s strange phrasing. I’ve always been taught (by an ASA) that you sate there are no records to respond to the request, and as such it isn’t a denial (though you have to tell them they can still appeal to the PAC).
Their responses just seem…strange. Elevate it.
- Rich Miller - Tuesday, Feb 18, 20 @ 2:23 pm:
===Elevate it.===
I just did.
- Montrose - Tuesday, Feb 18, 20 @ 2:32 pm:
Looks like Rich has to go straight to the tumblers.
- Ron Burgundy - Tuesday, Feb 18, 20 @ 2:48 pm:
These responses leave a lot of questions, including whether they have a process and procedure at all. Questions that preferably should be asked of Secretary White in a public setting.
- Draznnl - Tuesday, Feb 18, 20 @ 2:57 pm:
I don’t know Rich. I read that last reply as “We are making this up as we go.” more than mere refusal. There is no written policy so decisions depend on which way the wind blows each day.
- GC - Tuesday, Feb 18, 20 @ 2:57 pm:
If there’s no documents, there’s no documents. That does constitute a denial under FOIA. Nothing sketchy about that. It’d be nice if they had a policy or general order, but I don’t know that most departments would.
If you’re appealing to the PAC, appeal the original denial. My $0.02. I still maintain a request for arrests would be a good attempt.
- Bruce Rushton - Tuesday, Feb 18, 20 @ 3:07 pm:
Out of curiousity, who’d you elevate it to?
I tried the AG when Jesse White wouldn’t hand over files on Candace Wanzo, the embezzler from White’s office who got walked out of SoS eons ago. After waiting for nearly two years for the AG to do anything, I sued. It was an easy case–the judge ruled in my favor a few days after oral arguments, then ruled in my favor a second time when White asked for reconsideration.
The AP recently got an answer from the AG on a FOIA matter more than seven years after asking the AG for help. I’ve got a FOIA case still pending at the AG after three years. On Jan. 15, I asked the AG to help pry loose settlements in prison malpractice cases, and I enclosed a copy of a December Supreme Court ruling saying that settlements are public records. I asked the AG for help on Jan. 15. I still haven’t gotten my records, even with a 5-1 Supreme Court ruling sent to the AG stating that the records I seek are subject to FOIA.
Point is, if you went to the AG and you get help quicker than folks who’ve waited years, that doesn’t seem cool. Alternatively, if you know someone other than a judge or Kwame Raoul who has, at least on paper, the power to force disclosure, I’d love to know who that is.
Good luck.
- JS Mill - Tuesday, Feb 18, 20 @ 3:07 pm:
=School district do this all the time as retaliation for anyone who questions them.=
That sounds like a real grown up response.
They do not do that “all the time”. It requires Board action and almost always happens when a person’s behavior is out of control and belligerent.
- Levois J - Tuesday, Feb 18, 20 @ 3:28 pm:
I’ve been trying to figure out what this was about. I have an idea now. It’s strange that they’re coming up all no’s as far as the list you seek. Other than the legalese what’s the justification.
- Shytown - Tuesday, Feb 18, 20 @ 3:30 pm:
Transparency is best. Always.
- Responsa - Tuesday, Feb 18, 20 @ 3:44 pm:
Rich, you clearly all too politely missed the “Don’t you know who I am?” step. That usually works.
- DuPage Saint - Tuesday, Feb 18, 20 @ 4:06 pm:
Could you ask for the rules on how you appeal from a banishment? And ask how many appeals and the results for last 5 years?
- Dan - Tuesday, Feb 18, 20 @ 4:54 pm:
Careful. If Trump catches wind of this, he may start commuting banishments as well.
- plutocrat03 - Tuesday, Feb 18, 20 @ 4:58 pm:
good on you, Took me more than 18 months to get an opinion that released the data from Lisa’s office
- Last Bull Moose - Tuesday, Feb 18, 20 @ 5:01 pm:
J. S. Mill. I think the banning of people from schools does not always require Board Action. May vary by school district.
Board action implies some sort of a hearing.
- PublicServant - Tuesday, Feb 18, 20 @ 6:20 pm:
===I think I have to take this up the ladder now.===
Does that mean you’re gonna sic Oscar on them?
Just wondering.