Read the complaint file - Better Government Association

E-Notice
2015-CH-01061
CALENDAR: 09
To: Matthew Vincent Topic
[email protected]
NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
BETTER GOVERNMENT ASSN. vs. VILLAGE OF ROSEMONT
2015-CH-01061
The transmission was received on 01/22/2015 at 9:10 AM and was ACCEPTED with
the Clerk of the Circuit Court of Cook County on 01/22/2015 at 9:13 AM.
CHANCERY_ACTION_COVER_SHEET (CHANCERY DIVISION)
COMPLAINT
Filer's Email:
Filer's Fax:
Notice Date:
Total Pages:
[email protected]
(312) 243-5902
1/22/2015 9:13:38 AM
10
DOROTHY BROWN
CLERK OF THE CIRCUIT COURT
COOK COUNTY
RICHARD J. DALEY CENTER, ROOM 1001
CHICAGO, IL 60602
(312) 603-5031
[email protected]
Chancery Division Civil Cover Sheet - General Chancery Section
(Rev. 6/15/09) CCCH 0623
IN THE CIRCUIT CIVIL COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, COUNTY DIVISION
BETTER GOVERNMENT ASSN.
Plantiff
v.
VILLAGE OF ROSEMONT
Defendant
}
No.
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2015-CH-01061
CALENDAR: 09
CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
CHANCERY DIVISION
CLERK DOROTHY BROWN
CHANCERY DIVISION CIVIL COVER SHEET
GENERAL CHANCERY SECTION
A Chancery Division Civil Cover Sheet - General Chancery Section shall be filed with the initial complaint
in all actions filed in the General Chancery Section of Chancery Division. The information contained herein is for
administrative purposes only. Please check the line in front of the appropriate category which best characterizes
your action being filed.
0005
0001
0002
0004
Administrative Review
Class Action
Declaratory Judgment
Injunction
0007
0010
0011
0012
0013
0014
0015
0016
0017
0018
General Chancery
Accounting
Arbitration
Certiorari
Dissolution of Corporation
Dissolution of Partnership
Equitable Lien
Interpleader
Mandamus
Ne Exeat
0019
0020
0021
0022
0023
0024
0025
0026
0027
0085
Partition
Quiet Title
Quo Warranto
Redemption Rights
Reformation of a Contract
Rescission of a Contract
Specific Performance
Trust Construction
Foreign Transcript
Petition to Register Foreign Judgment
Other (specify)
By: /s MATTHEW VINCENT TOPIC
Attorney
Atty. No.: 41295
Name: Matthew Vincent Topic
Atty. for: BETTER GOVERNMENT ASSN.
Address: 312 N May Street, Suite 100
City/State/Zip: Chicago, IL 60607
Telephone: (312) 243-5900
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Pro Se
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CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
CHANCERY DIVISION
COUNTY DEPARTMENT, CHANCERY DIVISION
CLERK DOROTHY BROWN
BETTER GOVERNMENT ASSOCIATION,
Plaintiff,
v.
VILLAGE OF ROSEMONT,
Defendant.
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COMPLAINT
NOW COMES Plaintiff, BETTER GOVERNMENT ASSOCIATION, by its undersigned
attorneys, LOEVY & LOEVY, and brings this Freedom of Information Act suit to require
Defendant VILLAGE OF ROSEMONT to produce unredacted records showing the receipt of
public funds in connection with ROSEMONT’s monetization of various publicly owned assets,
including the Allstate Arena.
In support of its Complaint, BETTER GOVERNMENT
ASSOCIATION alleges:
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.
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 the Illinois Constitution, FOIA, and the Local Records Act, records relating
to the obligation, receipt, and use of public funds of the State, units of local government, and
school districts are public records subject to inspection and copying by the public without
exception. Ill. Const. Article VII § 1(c); 5 ILCS 140/2.5; 50 ILCS 205/3a.
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5.
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.”
6.
Defendant ROSEMONT has violated FOIA and the Illinois Constitution by
redacting from copies of contracts for the use of publicly owned properties such as Allstate
Arena the amount of rent paid to ROSEMONT.
PARTIES
7.
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.
-2-
8.
Defendant ROSEMONT is a public body located in Cook County, Illinois.
BGA’S FOIA REQUEST AND ROSEMONT’S DENIAL
9.
On November 13, 2014, BGA requested from ROSEMONT under FOIA, “All
contracts for amusement events held or to be held at an entertainment venue in 2014, as those
terms are used in Village of Rosemont ordinance No. 2014-11-12, passed on November 12,
2014.” A true and correct copy of the request is attached as Exhibit A.
10.
At ROSEMONT’s request, BGA agreed to narrow the scope of its request to
contracts related to the Allstate Arena and Donald E. Stephens Convention Center.
11.
On January 7, 2015, ROSEMONT produced records in response to the request,
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but redacted the amount of rent paid and similar financial information. A true and correct copy
of the response letter is attached as Exhibit B.
12.
ROSEMONT contends that the redacted information is exempt as (a) trade secrets
under FOIA Section 7(1)(g) and FOIA Section 7(1)(a); and (b) subject to Rosemont home rule
ordinance 2014-11-12, in which ROSEMONT purports to create a FOIA exemption for itself for
confidential financial information regarding publicly owned facilities in ROSEMONT.
13.
Section 7(1)(g) is expressly limited to trade secret information “obtained from a
person or business where the trade secrets or commercial or financial information are furnished
under a claim that they are proprietary,” not information that a public body contends to be its
own trade secret.
14.
Home rule units are not permitted to regulate public access to public records in a
manner inconsistent with the state FOIA statute or the Illinois Constitution, and the General
Assembly has made clear that FOIA is the “exclusive” state statute on access to information
except to the extent other laws create greater rights to information.
-3-
15.
The redacted information clearly pertains to the obligation and receipt of public
funds, and is therefore also subject to disclosure, without exception, under FOIA and the Illinois
Constitution.
COUNT I – VIOLATION OF FOIA
16.
The above paragraphs are incorporated by reference.
17.
ROSEMONT is a public body under FOIA.
18.
The redacted information is not exempt under FOIA.
19.
ROSEMONT has willfully and intentionally violated FOIA by failing to produce
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the unredacted 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 ROSEMONT has violated FOIA;
iii.
order ROSEMONT to produce the unredacted requested record under FOIA;
iv.
enjoin ROSEMONT from withholding non-exempt public records under FOIA;
v.
award BGA reasonable attorneys’ fees and costs;
vi.
order ROSEMONT to pay civil penalties for willfully and intentionally violating
FOIA in bad faith; and
vii.
award such other relief the Court considers appropriate.
-4-
RESPECTFULLY SUBMITTED,
/s/ Matthew Topic
Attorneys for Plaintiff
BETTER GOVERNMENT ASSOCIATION
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Matthew Topic
LOEVY & LOEVY
312 North May St., Suite 100
Chicago, IL 60607
312-243-5900
[email protected]
Atty. No. 41295
-5-
EXHIBIT A
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EXHIBIT B
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2120 - Served
2220 - Not Served
2320 - Served By Mail
2420 - Served By Publication
2121 - Served
2221 - Not Served
2321 - Served By Mail
2421 - Served By Publication
(2/18/11) CCG N001
ALIAS - SUMMONS
SUMMONS
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
CHANCERY
COUNTY DEPARTMENT,
DIVISION
No. 2015-CH-01061
BETTER GOVERNMENT ASSN.
(Name all parties)
v.
Defendant Address:
VILLAGE OF ROSEMONT
R/A VILLAGE CLERK
9501 W. DEVON AVE.
ROSEMONT, IL 60018
VILLAGE OF ROSEMONT
Summons
To each Defendant:
ALIAS - SUMMONS
SUMMONS
YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is
hereto attached, or otherwise file your appearance, and pay the required fee, in the Office of the Clerk of this Court at the
following location:
Richard J. Daley Center, 50 W. Washington, Room
802
,Chicago, Illinois 60602
District 2 - Skokie
5600 Old Orchard Rd.
Skokie, IL 60077
District 3 - Rolling Meadows
2121 Euclid
Rolling Meadows, IL 60008
District 4 - Maywood
1500 Maybrook Ave.
Maywood, IL 60153
District 5 - Bridgeview
10220 S. 76th Ave.
Bridgeview, IL 60455
District 6 - Markham
16501 S. Kedzie Pkwy.
Markham, IL 60426
Child Support
28 North Clark St., Room 200
Chicago, Illinois 60602
You must file within 30 days after service of this Summons, not counting the day of service.
IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE RELIEF
REQUESTED IN THE COMPLAINT.
To the officer:
This Summons must be returned by the officer or other person to whom it was given for service, with endorsement
of service and fees, if any, immediately after service. If service cannot be made, this Summons shall be returned so endorsed.
This Summons may not be served later than 30 days after its date.
41295
Atty. No.:__________________
Thursday, 22 January
2015
WITNESS, __________________________, ____________
MATTHEW VINCENT TOPIC
Name: ________________________________________________
BETTER GOVERNMENT ASSN.
Atty. for: ______________________________________________
312 N MAY STREET, SUITE 100
Address: ______________________________________________
CHICAGO, IL 60607
City/State/Zip: __________________________________________
(312) 243-5900
Telephone: _____________________________________________
/s DOROTHY BROWN
_____________________________________________
Clerk of Court
Date of service: _______________________, __________
(To be inserted by officer on copy left with defendant
or other person)
Service by Facsimile Transmission will be accepted at: ________________________________________________________________
(Area Code)
(Facsimile Telephone Number)
/s DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS