DuPage Co. (ECWd) -
In a recent article found here, I exposed the misrepresentations of the Freedom of Information Officer in the fact she was not honest in in responding, as clearly there was never a claim the records could not be located, but rather the two trustees were refusing to turn them over. Those two trustees were Dianne McGuire, queen of transparency demands, and Trustee Wozniak.
I filed a request for review with the Public Access Counselor (PAC) based on all the facts, and Friday they confirmed they have determined that further action is warranted. Below is the notification letter sent to the College of DuPage seeking a detailed written description of the searches conducted in an effort to locate any responsive records. In addition they asked for the college to provide a detailed explanation concerning how such records would be maintained by the College, and any assertion that such records are not public records subject to disclosure.
The response from COD will be quite telling in light of the fact Trustee McGuire is the one that created this public record and had Trustee Wozniak read it into the record during a meeting. As outlined in the previous article, McGuire did not deny that the record exists, but instead took the position she is not subject to FOIA nor the record in question.
We will await the response from COD and publish their response when it is received. Sadly, short of a confirmation from the COD attorney handling this response that these are in fact public records subject to FOIA, it may take as much as two years to get a determination from the Attorney General's PAC office.