Dolton, Ill. (ECWd) –
The Village of Dolton was ordered to pay more than $50,000 for their willful, intentional, and in bad faith violations of the Freedom of Information Act when it denied several FOIA requests submitted by John Kraft.
These FOIA denials were allegedly on the orders of former and disgrace Mayor Tiffany Henyard and those working for her.
From the Order:
It is undisputed that Dolton failed to timely respond to Kraft’s Requests. Here, Kraft argues that this was a willful, intentional violation of FOIA, done in bad faith. (Mot. 9–10.) Dolton does not dispute this argument, instead arguing that the Court should not award civil penalties because Dolton’s failure to respond “was based on the actions of a few problematic officials” and that Dolton’s taxpayers “have suffered enough.”
The Court finds that Dolton’s nonresponse to the Requests was willful and intentional. This finding is strengthened by Dolton’s pattern of intentionally ignoring FOIA requests. Having found that Dolton’s nonresponse was willful and intentional, the Court is obligated to impose civil penalties. Rock River Times, 2012 IL App (2d) at ¶49. Although Dolton has a history of FOIA violations, the Court finds that Dolton’s financial situation outweighs that history. (Resp. Ex. A.) As such, the Court will impose the minimum penalty of $2,500 for each of the four ignored Requests. See § 11(j).
Dolton urges the Court to award civil penalties, not to Kraft, but to a third-party public body that promotes government transparency. However, the only authority that addresses the award of civil penalties in a FOIA case brought by a private party affirms the award of civil penalties to the requesting party. Accordingly, civil penalties are to be paid to Kraft.
IV. Conclusion
● Kraft’s Petition for Attorney’s Fees is GRANTED—Kraft is awarded $40,375.40 in attorney’s fees.
● Kraft’s Petition for Costs is GRANTED—Kraft is awarded $257.22 in costs.
● Kraft’s Motion for Civil Penalties is GRANTED—Kraft is awarded $10,000 in civil penalties.
● This is a final and appealable order.
