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Gov. Stonewall strikes again, and again, and again

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Illinois

In an abrupt shift, Gov. Blagojevich’s administration won’t open the books on dozens of pardons he has granted since taking office.

Executive clemency files maintained by the Prisoner Review Board typically show police reports, court records and letters of recommendation — all accessible from the agency in the past.

But after criticism over two of his pardons last month, Blagojevich’s administration rejected a Freedom of Information Act request from the Chicago Sun-Times seeking access to records tied to his 69 pardons and commutations.

And I agree with every word that this guy says…

“When you look at this from 35,000 feet, it’s really troubling,” said Charles Davis, executive director of the National Freedom of Information Coalition. “We’ll set up a system where we release convicted persons from jail or forgive them from their crimes later, and we’ll do it in a process that’s exempt from scrutiny. That could just be rife with corruption. It’s a favor-creating machine.”

* And this may be just as bad…

After a gunman burst into a Northern Illinois University classroom and killed five students, the state police quickly spread the word that the shooter had legally purchased guns with a valid state firearm owner’s ID card.

But in the weeks since the Feb. 14 tragedy, Illinois State Police have said little else about 27-year-old Steven Kazmierczak, repeatedly refusing to provide documents or answer questions about the crucial card that allowed him to buy guns.

Doing so would violate the dead gunman’s privacy, the Illinois State Police said in denying a Daily Herald legal request. Aside from his privacy, state police also said the shooter’s gun card records are entitled to the same confidentiality protection granted to personnel files of doctors, nurses and others whose professions require state registration and licenses.

Several officials disagree with that stance, including Illinois Attorney General Lisa Madigan. Her public information specialist urged state police to reconsider releasing the information, saying it is a public record and the reasons cited for maintaining secrecy are invalid.

* More of the same…

Take the case of 17 Illinois Department of Transportation employees who were dismissed by the Blagojevich administration in 2004. They sued in federal court, claiming they were let go either as perceived political opponents of the governor or to clear the way so supporters of the new governor could be hired.

Springfield lawyer CARL DRAPER, one of those who represents the fired workers, in early April filed a “fourth motion to compel” the governor’s office to comply with subpoenas for documents.

For example, after a status hearing in the case before U.S. Magistrate BYRON CUDMORE in December, the governor’s side delivered five boxes of documents, containing more than 15,600 pages, to Draper’s team. But, Draper’s motion states, “about 15,000 were blank, stating: ‘REDACTED.’”

A lot was redacted even on the remaining 600 pages, he said. Often, only few lines of information could be seen on each page. “Less than about 2 percent of what they gave us actually had anything that we could read,” Draper said.

* One reason why the administration rejects FOIA requests is that when they do grant them they get whacked but good. Case in point from today’s Sun-Times…

A highly touted initiative Gov. Blagojevich’s office once said could rake in $300 million for the state through corporate sponsorships and naming-rights deals met a quiet death in February after netting the state a paltry $315,000.

The four-year deal between the Blagojevich administration and Team Services, a Maryland-based consulting group, was hatched in 2004 on the premise it could bring the state anywhere from $40 million in the first year to $300 million in three years.

But Team Services never came close to those projections. Between 2004 and 2008, the firm was credited with generating $1.13 million in sponsorships or naming-rights deals for the state, the administration confirmed.

During the same period, Team Services charged the state $820,000 for its work. The profit for the state amounts to only 0.1 percent of what Team Services predicted could be generated.

Oy.

* They’ll have a tougher time stiffing Bill Holland, however…

The state’s top auditor soon may be sicced on Gov. Blagojevich’s administration to figure out how a politically connected private school mistakenly got $1 million from the state in one of the governor’s biggest, most inexplicable financial miscues.

The idea of seeking a full House vote to direct Auditor General William Holland to probe the Loop Lab School deal has gained bipartisan traction since a top Blagojevich aide, Deputy Gov. Louanner Peters, stymied a legislative panel’s inquiry into the matter two weeks ago.

posted by Rich Miller
Monday, Apr 14, 08 @ 8:33 am

Comments

I think a worse situation would be selectively releasing FOID information.

If they really want this info, get a court order. Don’t have some bureaucrat making exceptions to privacy laws.

Comment by problem Monday, Apr 14, 08 @ 8:40 am
I’m not worried about an Illinois governor pardoning powerful political bosses convicted of crimes.

Has the Cook County State’s Attorney (or any other county’s state’s attorney) successfully prosecuted anybody who could be considered “politically powerful”?

Comment by Carl Nyberg Monday, Apr 14, 08 @ 8:49 am
What privacy for Dcotor records? There is a huge database up at DPR that lists infor on them, lawsuits, complaints etc? Same for lawyers on the ARDC site. There is no right t privacy on a FOIA card, anymore then a drivers license ticket history etc (which info can be obtained by insurance companies and curios individuals).

Il has a privacy law on patient records, but not on the doctor.

Comment by Ghost Monday, Apr 14, 08 @ 8:49 am
This is yet another reason why the Office of the Auditor General is becoming increasingly important. Bill Holland and his staff have consistently done a stellar job of obtaining, and filtering through, voluminous amounts of information and providing the GA and the public with information that they need to know - and have a right to know.

Comment by Rep. John Fritchey Monday, Apr 14, 08 @ 8:58 am
Better late than never! I’ve been watching and observing and ranting and blogging about why state investigatory agencies have not looked into Blago’s Blunders, till I’m blue in the face. Private citizens are filing lawsuits trying to stop him, but the very people within state government, who are obligated to oversee wrongdoing at all levels have been silent, while Blago plays games with the Constitution and stumbles around with the Peoples’ Money. Enough delay already. “Big Guy” needs to be corralled and impeached.

Comment by Investigations by the Auditor Monday, Apr 14, 08 @ 9:13 am
The system is functioning so poorly that, even though I have serious reservations about the damage that could be generated from a constitutional convention, I am moving towards that as the only way to correct the total disfunction of state government. Maybe in Illinois we need to blow the whole thing up and start over from scratch? The daily BS from Springfield and Chicago is so frequent and widespread that the public is just about at that point as well.

Comment by One of the 35 Monday, Apr 14, 08 @ 9:16 am
The pardon stonewall could be huge, as in who’s recommending whom for a pardon. I hope the Sun-Times stays on it.

Comment by wordslinger Monday, Apr 14, 08 @ 9:21 am
Aside from his privacy, state police also said the shooter’s gun card records are entitled to the same confidentiality protection granted to personnel files of doctors, nurses and others whose professions require state registration and licenses.

So I can go on-line and see when the license was issued, if there were any discipline issues and when it was first issued? Because you can do that with a Nurse’s license.

That explanation just makes no sense.

BTW, Sun Times, please go to court over the clemency stuff.

Comment by OneMan Monday, Apr 14, 08 @ 9:47 am
The prisoner review board issue is maddening. I’ve talked to some people who have decent knowledge of the situation, and the governor’s office often times will not even return phone calls, letters or e-mails from people whose family members would be impacted greatly by the board. Combined with stonewalling everyone under the sun who is involved and you have a very volatile situation.

As for IDOT’s personnel case, giving Carl Draper a bunch of redacted documents and expecting to come out ahead is pretty stupid. Rebecca Rausch’s comments in Bernie’s column obviously show the governor’s office and staff to have no real pulse on what is happening and what the public actually thinks about Blago’s reign of error.

Comment by Team Sleep Monday, Apr 14, 08 @ 9:55 am
The Attorney General’s office is doing a disservice to the public in these situations. The AG can not be denied access to information that should otherwise be made public. In the case of these situations where information has been requested under FOIA, and enied by the agency from which it was requested, it is the AG that is supposed to administer FOIA in the first place.

Rather than fight in court about requested information that the agency perceives as confidential, but that the AG believes to be public, there is a different approach which can be taken.

Have the AG secure the information requested, and then release the information to the person or organization which requested the information directly.

This will remove the agency from potential liability associated with their perceived breach of confidentiality, and place the onus of responsibility on the AG’s office, which is stautorily charged with administering and enforcing FOIA in the first place.

Let’s see a state agency deny an information request from the AG. If the AG is denied, then let them sue the agency, rather than requiring the person or organization requesting it to go to court to secure the information.

Then, once released by the AG, if there is a perceived breach by a party who’s information has been disclosed by the AG, then let them sue the AG (good luck with that one).

Comment by Maxwell Smart Monday, Apr 14, 08 @ 10:07 am
Maxwell Smart, it might be nice if the governor would just follow the law.

Comment by Rich Miller Monday, Apr 14, 08 @ 10:09 am
Rich,

A lot of things would be much nicer if the Governor would do what he was supposed to do, but simply wishing it will not make it so. Wasting a lot of time and resources by going to court all the time to solve political or intramural agency differences does not solve the immediate problem either.

I think my suggestion offers a simple solution; to the immediate problem of access to public infomation. If it results in more stonewalling, however then let the AG spend state resources to enforce the law rather than require private citizens, the news media, or for profit, or non-profit organizations to have to spend their resources to have the law enforced for them.

Seems reasonable to me, then the AG is fulfilling their assigned role as adjudicator of FOIA, and acting by advocating on behalf of the citizens.

As it stands, the AG may not be able to control the actions of the Governor or the agencies, but the AG can control the actions of the AG, so what are they waiting for?

Comment by Maxwell Smart Monday, Apr 14, 08 @ 10:26 am
“Doing so would violate the dead gunman’s privacy, the Illinois State Police said in denying a Daily Herald legal request”.

Ha, doing so would embarrass people who don’t want to be embarrassed, is how the quote should read. After you have shot up a school and yourself, you have sacrificed your privacy rights-I would hope.

Comment by Garp Monday, Apr 14, 08 @ 10:37 am
I can tell you why the State Police denied the FOIA request of FOID card info. It’s because 1) the ISP don’t have basic factual knowledged about the FOID and other state gun laws and 2) the FOID section is as under staffed as any in the State Police.

I won’t detail here for sake of brevity (and not embarrasing ISP) but I had first hand experience many times over helping folks who received completely erroneous info from ISP on gun laws.

Comment by Leave a light on George Monday, Apr 14, 08 @ 10:40 am
Rep. Fritchey,

Will you be opening up IL FOIA this session? What is your FOIA legislative agenda? Will you help IL citizens participate in their govt by supporting allowing pro se filers to recover court costs? Nothing you could do would do more to discourage bogus knee-jerk denials. You can open up IL govt by liberalizing FOIA non-compliance fines & cost recovery.

Comment by BannedForLife Monday, Apr 14, 08 @ 11:17 am
“The AG can not be denied access to information that should otherwise be made public. In the case of these situations where information has been requested under FOIA, and enied by the agency from which it was requested, it is the AG that is supposed to administer FOIA in the first place.”

” … the AG is fulfilling their assigned role as adjudicator of FOIA … ”

Although AG Madigan has waded into the breach with her establishment of a Public Access Counselor, you may be surprised to learn the IL AG has no special role under IL FOIA.

Comment by BannedForLife Monday, Apr 14, 08 @ 11:24 am
Just wondering, but does a dead person have privacy rights?

Comment by Fan of the Game Monday, Apr 14, 08 @ 12:05 pm
My question too — how can a dead person have privacy rights (or any rights at all)?
If releasing the FOID information would violate the privacy of a LIVING relative or associate of the NIU gunman, that’s another story, and ISP should say so if that is the case.

Comment by Anonymous Monday, Apr 14, 08 @ 12:17 pm
What is Holland going to do? Write a report? Scawey! No one will support him.

Also, the Atty Gen can’t do anything. JCAR can’t do anything. The courts won’t do anything. The State Police don’t care. The legislature? Sorry. If you try to get anyone in the Baloneyvich administration to be open and honest, nothing happens.

…..You can open up IL govt by liberalizing FOIA non-compliance fines & cost recovery…..
Yeah, hold your breath waiting for that. That will happen when the governor and legislature are under the control of different political parties.

Blags has no respect for open and honest government. He only respects those who come bearing cash gifts.

Illinois - Land of Political Cowards

Comment by FOIA Schmoia Monday, Apr 14, 08 @ 12:50 pm
” … it might be nice if the governor would just follow the law.”

ok, but it’s not particularly surprising that he flouts a law with no teeth to it

every FOIA request in IL, our elected officials calculate, what’s worse? release the docs or weather the negative press of a denial

there’s no fines, and severe restrictions on recovering costs

Comment by BannedForLife Monday, Apr 14, 08 @ 12:53 pm
{The Public Access Counselor will take an active role in assuring that public bodies understand the requirements of the laws and conduct their business openly and that the public has access to the governmental information to which they are entitled.}

The best way for the public access counselor to assure that the public has access to the governmental information to which they are entitled, is simply to secure and provide the requested information which had previously been denied.

This allows the Attorney General to circumvent the lenghty and expensive appeals process by assessing the request and making a determination as to the obligation to provide the information requested.

Once the determination has been made by the AG, then any perceived breach of privacy or confidentiality would require the person or organization that believes its rights were violated to sue the Attorney General, rather than the agency from which the records had been originally requested.

Alternatively, the agency which wishes to deny access to the public records can deny the AG’s request on the same basis as that of the denial of the requestor, or provide the records and sue seeking injunctive relief in the form of a prohibition of their release pending adjudication.

If the Public Access Counselor is really going to serve as the ombudsman of the public, then why not go all the way? Otherwise it would sem that this position is not much mroe than a warm and fuzzy PR stunt. The AG and the Public Access Counselor and the AG for that matter may not have any “special powers” under the act, but they could certainly act unilaterally if they have established a position that records requested do indeed qualify as “public records” under the act.

Forcing the public to sue in court; even if the public is allowed to recover its costs and fees prolongs the process and would seem to act as a deterrent for some to continue to produce records to which the Attorney General may otherwise believe they are entitled.

Comment by Maxwell Smart Monday, Apr 14, 08 @ 1:05 pm
Rep Fritchey,

You are correct that the Office of the Auditor General, Bill Holland and his staff does a stellar job, but other than pointing out all the waste and inconsistancies, what good are these audits? In IDOT’s particular case an audit was done, even the lay-off issue was raised and Mr. Holland found no reasoning for the lay-offs, no cost savings, and many many mistakes in fact because of inexperienced hacks running IDOT over a million dollars in federal inbursements were not done. A hearing was held and former Transportation Secretary Tim Martin held up some charts and because it was late in the day and the hearing committee wanted to get on the road, no questions were asked, it was a joke.

Comment by Macoupin County Monday, Apr 14, 08 @ 1:06 pm
Max, you are designing a role for the AG in the FOIA process that is not in the law and is not one they see for themselves. They see their role as primarily educational with respect to FOIA. In fact, the AG interprets the clause in the IL FOIA law giving the respective county State’s Attys the right to pursue FOIA denials as specifically PROHIBITING their own!

Be careful what you wish for, I suspect some of your enthusiasm for an expanded role for the AG in this area might be an artifact of the current political lay of the land. A different gov & AG and the AG as FOIA ombudsman idea doesn’t work so well.

Comment by BannedForLife Monday, Apr 14, 08 @ 1:55 pm
“Gov. Stonewall strikes again, and again, and again”

what seems like stonewalling is actually perfectly rational behavior given our current FOIA law

Comment by BannedForLife Monday, Apr 14, 08 @ 2:29 pm
Cept FOIA law does not support the action or make it rational. FOID records are not protected under FOIA. What seems like unlawful behavior is actually perfectly illegal given our current FOIA law.

But then again, under the current Gov the public has the right to know only what the Gov tells them they should now, Orwell would be proud. He is doing the work of the people, just so long as the people are not allowed to look at the work, ask what the work is, or discuss the work.

Comment by Ghost Monday, Apr 14, 08 @ 3:15 pm
correction - NO ONE is charged w/ enforcing FOIA - not even the State’s Attys (I was thinking of the Open Meetings Act, my bad)

Comment by BannedForLife Monday, Apr 14, 08 @ 3:24 pm
Macoupin, you raise a good point. Also recall the CMS audits from several years ago. Two or three knuckleheads fell on their swords and that was that. Holland is a standup guy and is no one’s patsy. Has a good staff and hires good accounting firms. However, if the GA is unwilling to take his audits and “kick some butt” as Vince Demuzio used to say, then they have to take the heat for what happens or doesn’t happen as a result.

There is also no excuse for understaffing the FOID program unless Filan swept out the $$ or the ISP spent the dough somewhere else. The FOID fees used to fund the program and then some; If the fees are insufficient to cover the costs, the ISP Director should make that known. He is about as hard to find as a fresh Mel-O-Cream at midnight. You can rest assured they didn’t take the money and use it on police cars, if you’ve seen any of the rust buckets with red lights and yellow stripes out on the highways lately.

Comment by Arthur Andersen Monday, Apr 14, 08 @ 4:55 pm
Privacy for the dead gunman? Is it accurate that state privacy law covers the dead? The Federal Privacy Act (1974) does not - records on deceased people may be disclosed.

Comment by Excessively rabid Monday, Apr 14, 08 @ 5:45 pm
I understand that Team Services owner is a college friend of Lon Monk. No surprise there.

With regard to the FOIA’s, I think it’s time for the Illinois taxpayers to storm the Bastille. Hard ball is all this administration seems to understand. That and the bully approach. It’s no surprize that our infamous governnor was a small time boxer - he’s always spoiling for a fight and we, the people, ought to give him one. The legislature and our Constitutional offices don’t seem to be up to the challenge. Maybe the next election will open their eyes, when they don’t get to return to Springfield.

Comment by Disgusted Monday, Apr 14, 08 @ 5:58 pm
I don’t understand the refuse on the FOID. Viewing the application the only ‘top secret’ on privacy might be the question section 2-10 and then the date of application. It’s pretty much out there that this gunman had done residence in as an inpatient, who he is, lived, worked, studied, even the medications he was taking and had stopped, ect. Only thing yet not revealed is the date of the application and if the box was checked at time of application if gunman had already been an inpatient. Why do they keep setting themselves up for suspicion and questions? The big ‘privacy’ issue at this point and with all the other information already out, this refuse only makes it appear that something was not checked before issue.

Comment by Princeville Monday, Apr 14, 08 @ 8:09 pm
The whole FOIA thing with this administration makes me sick. I work for a state agency and have some knowledge of the Governor’s office attitude towards FOIA’s. Agencies are consistently told to deny FOIA’s. End of story. What makes me even more sick is the stupid reporters and newspapers who do nothing to try and get the FOIA’s enforced. Isn’t it your job to get the information. Do you job!!

Comment by RJW Monday, Apr 14, 08 @ 8:21 pm
Ghost, you are so on point.
Dir Hamer was quoted saying “I know only what I’m supposed to know.”

Comment by Anonymous Tuesday, Apr 15, 08 @ 1:49 am