Better Government Association sues Intrinsic charter schools under Freedom of Information Act (FOIA)
Chicago's Better Government Association (BGA) has sued Intrinsic charter schools after the schools denied a BGA Freedom of Information Act (FOIA) request for information about the operations of the school. Below are, first, the BGA press release announcing the lawsuit and, second, the full BGA complain.
Before becoming an educational privatizer and "eduprenuer," Melissa Megliola Ziarkos was the manager for AMPS at CPS, at a salary of $115,000 per year. She then utilized her CPS connections to join the tribe of privatizers organizing charter schools to screw the real public schools on the Northwest Side via her "Intrinsic" charter schools. BGA Sues Charter School Network For Refusing To Release Records
Better Government Association seeks Internet activity records for Intrinsic Schools administrators, but taxpayer-funded charter network refuses to comply with state�s open records law. So BGA heads to court.
Matthew Topic (773) 368-8812
Robert Herguth (312) 821-9030
CHICAGO�The Intrinsic Schools home page asserts, "We teach until students learn."
But leadership of the Chicago-based taxpayer-funded charter school network needs to learn how to follow state law � in particular the Illinois Freedom of Information Act, or FOIA, which guarantees public access to public records upon request.
A lawsuit filed by the Better Government Association on March 26, 2015, in Cook County Circuit Court contends that Intrinsic violated FOIA by refusing to turn over records that would show what web sites high-ranking staff members are accessing.
This request for documents "sufficient to show Internet browser activity . . . for the ten highest paid employees" is fairly standard, similarly requested from a number of public agencies in recent years, including other charter school networks.
All have complied � except Intrinsic.
The aim is to gauge workplace efficiency � are employees visiting appropriate web sites, and are employees spending inordinate amounts of time conducting personal business on the taxpayer dime?
As the lawsuit points out, "BGA routinely obtains browser history records from public bodies and has uncovered in at least one investigation widespread viewing of non-work-related websites by government employees while on the clock at taxpayer expense."
Charter schools are fair game for this kind of inquiry. After all, they are performing a crucial function with taxpayer dollars: Educating schoolchildren � and an increasing number.
"If charter school systems want the public funding, they have to submit to the rules � in this case FOIA," said BGA President and CEO Andy Shaw. "Agencies can�t just pick and choose which laws to follow."
The BGA�s lawsuit claims that Intrinsic "has willfully and intentionally violated FOIA by failing to produce the records requested by BGA."
THE BGA COMPLAINT:
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION
BETTER GOVERNMENT ASSOCIATION, Plaintiff,
v. INTRINSIC SCHOOLS, Defendant.
COMPLAINT
NOW COMES Plaintiff, BETTER GOVERNMENT ASSOCIATION, by its undersigned attorneys, LOEVY & LOEVY, and brings this Freedom of Information Act suit to require Defendant INTRINSIC SCHOOLS to produce copies of browser history records.
INTRODUCTION
1. Pursuant to the fundamental philosophy of the American constitutional form of
government, it is the public policy of the State of Illinois that all persons are entitled to full and
complete information regarding the affairs of government and the official acts and policies of
those who represent them as public officials and public employees consistent with the terms of
the Illinois Freedom of Information Act (�FOIA�). 5 ILCS 140/1.
2. Restraints on access to information, to the extent permitted by FOIA, are limited
exceptions to the principle that the people of this state have a right to full disclosure of
information relating to the decisions, policies, procedures, rules, standards, and other aspects of
government activity that affect the conduct of government and the lives of the people. Id.
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CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
CHANCERY DIVISION
CLERK DOROTHY BROWN
3. All public records of a public body are presumed to be open to inspection or
copying. Any public body that asserts that a record is exempt from disclosure has the burden of
proving by clear and convincing evidence that it is exempt. 5 ILCS 140/1.2.
4. Under FOIA Section 11(h), �except as to causes the court considers to be of
greater importance, proceedings arising under [FOIA] shall take precedence on the docket over
all other causes and be assigned for hearing and trial at the earliest practicable date and expedited
in every way.�
5. Defendant INTRINSIC has violated FOIA by refusing to produce browser history
records of employees.
PARTIES
6. Plaintiff BETTER GOVERNMENT ASSOCIATION (�BGA�) is a nonpartisan,
Illinois non-profit corporation, whose mission is to educate the public about waste,
inefficiencies, and corruption in government by acting as a watchdog agency uncovering and
exposing this type of activity; to promote respect for the law; and to support public officials in
the rightful performance of their duties. BGA was founded in 1923 to protect the integrity of the
political process in Chicago.
7. BGA routinely obtains browser history records from public bodies and has
uncovered in at least one investigation widespread viewing of non-work-related websites by
government employees while on the clock at taxpayer expense.
8. Defendant INTRINSIC SCHOOLS is a public body located in Cook County,
Illinois.
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BGA�S FOIA REQUEST AND INTRINSIC�S DENIAL
9. On February 10, 2015, BGA requested from INTRINSIC, among other records
not at issue in this case, browser history records for INTRINSIC�s ten highest paid employees.
A true and correct copy of the request and related correspondence is attached as Exhibit A.
10. After taking an extension of time to respond, INTRINSIC denied the request on
the basis that INTRINSIC does not �track internet browsing history.�
11. In response, BGA explained how to obtain browser history records from
computers, and INTRINSIC then stated that it was �unable to produce� browser history records.
12. In response to a further inquiry from BGA�s attorney, INTRINSIC changed its
response, claiming for the first time that it was able to produce browser history records but
claimed that it would require INTRINSIC to �create a new record� by printing out the histories,
and that INTRINSIC does not �use or rely upon this type of documentation or information as
part of our regular operations.� INTRINSIC cited no FOIA exemptions applicable to the
records.
13. In response to further discussions, INTRINSIC abandoned its �creation of a new
record� argument and claimed that it was seeking guidance from the Illinois Attorney General,
but cited no exemption that it contended to apply or even potentially apply to the requested
records.
COUNT I � VIOLATION OF FOIA
14. The above paragraphs are incorporated by reference.
15. INTRINSIC is a public body under FOIA.
16. The requested records exist and are not exempt under FOIA.
17. INTRINSIC has willfully and intentionally violated FOIA by failing to produce
the records requested by BGA.
WHEREFORE, BGA asks that the Court:
i. in accordance with FOIA Section 11(f), afford this case precedence on the Court�s
docket except as to causes the Court considers to be of greater importance, assign
this case for hearing and trial at the earliest practicable date, and expedite this
case in every way;
ii. declare that INTRINSIC has violated FOIA;
iii. order INTRINSIC to produce the requested audio record under FOIA;
iv. enjoin INTRINSIC from withholding non-exempt public records under FOIA;
v. award BGA reasonable attorneys� fees and costs;
vi. order INTRINSIC to pay civil penalties for willfully and intentionally violating
FOIA in bad faith; and
vii. award such other relief the Court considers appropriate.
RESPECTFULLY SUBMITTED,
____________________________
Attorneys for Plaintiff
BETTER GOVERNMENT ASSOCIATION
Matthew Topic
LOEVY & LOEVY
312 North May St., Suite 100
Chicago, IL 60607
312-243-5900
matt@loevy.com
Atty. No. 41295
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Exhibit A
