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May 23, 2024

Attorney General Madigan’s PAC Investigating College of DuPage –

By John Kraft & Kirk Allen

On August 3, 2014


The ECWd have been poking around in DuPage County at least since the summer of 2013. In December of 2013, I submitted a Freedom Of Information Act request to the College of DuPage asking for a copy of President Brueder’s W-2 form to check the accuracy of information previously provided in reference to his “complete compensation package”. I basically wanted to verify what was given to me as his compensation package, was what was reported to the IRS.

Since it is common knowledge that a public employee’s IRS W-2 Form is a public record, I was confident that it would be promptly provided. I was wrong, Ms. Barbara Mitchell, the COD FOIA Officer, denied my request for his W-2 form citing Section 7(1)(b) of the FOIA (Denial HERE).

Not to be easily brushed off when it comes to public records, I immediately refuted her claimed exemption (click here).


Mrs. Mitchell,

You quoted 7 (1)(b) as the reason for denial.

Section 7 specifically states that “The public body shall make the remaining information available…

So I am once again demanding production of the requested public records.

Redact the “private information” like SSN, home address, home phone numbers, and personal email addresses and provide the remainder of the information as required by law.

(5 ILCS 140/7)(from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public record that contains information that is exempt from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the following shall be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and regulations implementing federal or State law.
        (b) Private information, unless disclosure is
required by another provision of this Act, a State or federal law or a court order.



She denied the request once again, leaving me no option except to file a complaint with the Attorney General or file a suit in Circuit Court. I chose to go the route of a Request for Review with Attorney General’s Public Access Counselor (“PAC”).

That was in January of this year…SEVEN months ago and it is File Number 2014 PAC 27598.

Anyway, the AG’s PAC office sent the College of DuPage a letter informing them that “further inquiry was warranted” and that they needed to provide additional information to the PAC so they could make a determination on whether or not the Freedom Of Information Act was violated by the COD. My bets are that the COD violated the Act, and I say this because we have already worked this issue with another pubic body and were given the requested W2’s. The only remaining question is how long it will take the AG’s PAC to render a determination.

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