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May 20, 2024

College of DuPage: more willful, bad faith FOIA violations –

By John Kraft & Kirk Allen

On February 13, 2015

College of DuPage (ECWd) –

UPDATE: I received the responsive documents are posting this article.

During the College of DuPage Board of Trustees monthly meeting on January 22, 2015, Breuder and some board members were writing notes passing them around like 3rd graders passing notes in class.

During public comment, I addressed the Board about the notes and informed them that open meetings are open and all discussion should be heard by everyone in attendance, and passing notes between each other does not constitute public deliberation or public discussion. I further stated that I would submit a FOIA request for those notes, and Chairman Birt replied by stating that they collected notes after every meeting, and they would be provided under FOIA.

I submitted the request for those records the same night, and on January 30, 2015, the college FOIA Officer, Mrs. Barbara Mitchell responded to my request with a letter stating they needed an additional five days to collect and review the records and my request would be fulfilled by February 6, 2015.

Well, today is February 13 and still no response from the college on those records.

This is just one of many requests that have gone unanswered and will result in the college having to answer to a Judge on why they feel they can ignore the Freedom of Information Act.

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Additionally, we are researching the legislative intent of the Local Records Act and the amendment to it that became effective on January 1, 2015 stating that concealing public records is now a Class 4 Felony.

Sec. 4. All public records made or received by, or under the authority of, or coming into the custody, control or possession of any officer or agency shall not be mutilated, destroyed, transferred, removed or otherwise damaged or disposed of, in whole or in part, except as provided by law. Any person who knowingly, without lawful authority and with the intent to defraud any party, public officer, or entity, alters, destroys, defaces, removes, or conceals any public record commits a Class 4 felony.

The College has knowingly, without lawful authority and with the intent to defraud the requester (by depriving me of the records), concealed these public records in violation of the law.

The Legislature added that sentence in the Local Records Act for a reason, it’s time to put it to use.


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1 Comment
  • Chris M. Gaines
    Posted at 00:18h, 14 February

    I agree. It’s a class 4 felony CRIME. Getting the SA to file charges is the problem. Good luck with all that. I hope and pray you can do it though. That would be a huge win for We the People obviously. Keep pushing back! You never know until you try.