RESPONSE RECEIVED - FOIA Request for IHSA By-Law Changes Communications

[HRCJR]

Received this response this morning:

Thank you for writing to Consolidated High School District 230 with your request pursuant to the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., received on November 2, 2022, for “records in your organization’s possession related to Proposals to Modify By-Laws of the Illinois High School Association (IHSA), all communication (electronic and physical) created or received by employees of CHSD 203 concerning proposals to modify any IHSA By-Law since 1 August 2019, and all communication (electronic and physical) created or received by employees of CHSD 203 concerning Proposals 3, 4, 5, and 8 in the 2022-2023 Proposal Document.”

We are extending the response time by an additional five days (Section 3 (e)(v) to locate such records and examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 of this Act.
We would appreciate your understanding as we appropriately comply with the FOIA regulations.

Sincerely,
Jennifer Waterman
Director of Communications/
FOIA Officer
District 230

Link to (5 ILCS 140/) Freedom of Information Act

 

[Nevada Dude]

They are entitled to ask for the five days.

 

[HRCJR]

They are entitled to ask for the five days.

Yes

 

[sporthog9er]

@HRCJR keep us updated!

 

[ramblinman]

Yes

Anything to report?

 

[HRCJR]

Today is day 10. Nothing

 

[sporthog9er]

I believe you can file complaint with state now...attorney general office, something. Force the hand.

 

[HRCJR]

I believe you can file complaint with state now...attorney general office, something. Force the hand.

I checked - I can do it tomorrow

 

[ramblinman]

Today is day 10. Nothing

They're hoping you forget.

 

[SWsuburbs4]

What is this about again?

 

[sporthog9er]

What is this about again?

He FOIA'd district 230 to see all communication regarding the recent IHSA by law proposals that target private schools. District 230 put forth the by laws with a purpose.

 

[HRCJR]

Response from yesterday:

Thank you for writing to Consolidated High School District No. 230 (the “District”) with your request for information pursuant to the Illinois Freedom of Information Act (“FOIA”), 5 ILCS140/1 et seq., received on November 2, 2022. The District previously notified you of the need for an extension of time, and we now provide the District’s timely response to your request. You requested the following records:

“In accordance with the Illinois Freedom of Information Act (5 ILCS 140), I am requesting access to the following records in your organization’s possession related to Proposals to Modify By-Laws of the Illinois High School Association (IHSA).



I am seeking all communication (electronic and physical) created or received by employees of CHSD230 concerning proposals to modify any IHSA By-Law since 1 August 2019.



I am also seeking all communication (electronic and physical) created or received by employees of CHSD230 concerning Proposals 3, 4, 5, and 8 in the 2022-2023 Proposal Document. (A document with the proposals can be found at: https://www.ihsa.org/documents/bylaws/2022-23BylawProposals.pdf and attached)”


As written, your request would require the District to search through thousands of potentially responsive emails to determine what information is responsive and exempt under FOIA. It would take an inordinate amount of staff and/or attorney time to analyze, review, de-duplicate, and redact all of the responsive materials to comply with your request. See Ill. Att'y Gen. PAC Req. Rev. Ltr. 37598, issued October 27, 2015, at 2-3 (a request for two-months' worth of e-mail requiring a school district to de-duplicate, review, and redact over 2000 e-mails was unduly burdensome). In addition, the requested records do not pertain to any District business, but the business of a private organization. See BGA v. IHSA and CHSD 230, 2017 IL 121124. Because of the size and anticipated burdens of this project, and after weighing these burdens against the diminished public interest in the records, we must invite you to confer with us in an attempt to reduce the request to more manageable proportions. Unless you reduce the request to a manageable scope and provide more specific search criteria and a narrower date range, we believe that compliance with your request would disrupt the duly-undertaken work of the District in violation of the purposes of the FOIA statute. See 5 ILCS 140/1. If you choose not to narrow your request, we believe the burdens of your request will outweigh any public interest in the information, and we would need to deny your request pursuant to FOIA Section 3(g).

If you wish to discuss your options for reducing the scope of your request, kindly contact me. If you narrow your request to a manageable scope, we will be happy to provide a response to your request on its merits, which may include a denial of your request in part or in full as allowed under the FOIA statute. If you do not wish to narrow the request, the request will be deemed “unduly burdensome” within the meaning of FOIA. See 5 ILCS 140/3(g).

To the extent you believe any part of your request has been improperly denied, you may have a right to review by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General. 5 ILCS 140/9.5(a) & (b). The PAC’s contact information is as follows:

Public Access Counselor
Office of the Attorney General
500 South 2nd Street
Springfield, Illinois 62701
Fax: 217-782-1396
E-mail: Public.Access@ilag.gov

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 letter. 5 ILCS 140/9.5(a). Please note that you must include a copy of your original FOIA request and this letter when filing a Request for Review with the PAC. You also have the right to seek judicial review of any FOIA denial by filing a lawsuit in the State circuit court. 5 ILCS 140/11.

As the District’s FOIA Officer, I am responsible for the District’s response to your request. If I have misunderstood your request in any way, please clarify your request in writing to me

 

[sporthog9er]

Maybe narrow it down to just the specific people by name (ADs, assistant ADs, principals) and move to Aug 2021 instead of 2019? I can't believe it would be that burdensome

 

[HRCJR]

Maybe narrow it down to just the specific people by name (ADs, assistant ADs, principals) and move to Aug 2021 instead of 2019? I can't believe it would be that burdensome

Thanks. That is my plan

 

[PowerI66]

Maybe narrow it down to just the specific people by name (ADs, assistant ADs, principals) and move to Aug 2021 instead of 2019? I can't believe it would be that burdensome

You'd be surprised based on the amount of keywords they would be using how many emails would hit one of the marks. Sounds like that's the issue at least.

 

[iamgroot]

Thanks. That is my plan

Focus on the one individual so that it is very narrow in scope. If you find loose threads, you can expand as needed. Then there won't be any undue burden.

 

[ramblinman]

Thanks. That is my plan

Did you ever get around to submitting a pared down FOIA request?

 

[King MJ]

was there every an update here? still important even though vote failed

 

[HRCJR]

I narrowed the request to what is below:

Thank you for writing to Consolidated High School District 230 with your narrowed request pursuant to the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., received on March 14, 2023, for the following:

1. communication (electronic and physical) created or received by Kevin McKeown, Athletic Director at Victor J. Andrew High School, of CHSD 230 concerning proposals to modify any IHSA By-Law since 1 August 2022.
2. all communication (electronic and physical) created or received by Kevin McKeown, Athletic Director at Victor J. Andrew High School, of CHSD 230 concerning Proposals 3, 4, 5, and 8 in the 2022-2023 Proposal Document since 1 August 2022. (A document with the proposals is attached)

Linked are the responsive records.

 

[ramblinman]

I narrowed the request to what is below:

Thank you for writing to Consolidated High School District 230 with your narrowed request pursuant to the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., received on March 14, 2023, for the following:

1. communication (electronic and physical) created or received by Kevin McKeown, Athletic Director at Victor J. Andrew High School, of CHSD 230 concerning proposals to modify any IHSA By-Law since 1 August 2022.
2. all communication (electronic and physical) created or received by Kevin McKeown, Athletic Director at Victor J. Andrew High School, of CHSD 230 concerning Proposals 3, 4, 5, and 8 in the 2022-2023 Proposal Document since 1 August 2022. (A document with the proposals is attached)

Linked are the responsive records.

Thanks for doing this. No smoking gun -- at least none that the narrowed request was able to sniff out.

I do think the district's request to the IHSA to pull the proposals was an interesting one, though. Looks to me like they and others around the state want to build more widespread support/sponsorship for a similar proposal to go in front of the legislative commission next year. Stay tuned.