WARD, MURRAY, PACE & JOHNSON, P.C. RICHARD A. PALMER oe (oF counset PAULA, OSBORN LAURENCE. JOHNSON THOMAS L SANDERS 202 EAST FFT STREET MAREE. ZUMOA. JOHN A, GUIEARDO 7.0. 80X 400, JOSEPHE, HEATONGI. lisa: GABREL STERUNG, 161061 JAMES L REESE DANE C, HAWHINS a MOTH 8, ZOUINGER 726 WEST RIVER STREET RETRED: ROBERT LESAGE In 7.0. 60x 408 PHP H. WARD. J TRENT L.6uSH OO, i021 DAVIE. MURRAY TONY J male Leal PACEM MATHEW W KEEGAN. weww.wmpi.com, ROBERT E BRANSON ELABETH KLAN RYLEG. CARLOCK ‘AMANDA 1. SEVEROTH writer's emoi: zolinger@wmpi.com REPLY TO STERLING OFFICE March 29, 2016 ia Email Delivery Sauk Valley Media Attn: Christopher Heimerman 3200 E. Lincolnway Sterling, IL 61081 Re: Unit $ FOIA Email Submitted 3/22/16 Dear Christopher: We serve as outside legal counsel to the District and have been asked to respond to your Freedom of Information Act Request, submitted electronically to the District at 12:29 p.m. on Tuesday, March 22, 2016. (The week of March 21* was Spring Break for the District.) We have been asked to assist with the response based on your inclusion within the FOIA request of comments from legal counsel for the Press Association. The 5 business days within which the District is permitted to respond expires on the date of this letter, ie, March 29", Accordingly, this is a timely response, The stated request seeks “all documents or emails provided to Sterling Board of Education members regarding the Sterling Public School District’s 10 (ten) budget-reduetion options for fiscal year 2017 that were proposed at the Wednesday March 16, 2016, meeting.” At the meeting the District displayed for public viewing approximately 10 slides, as part of a public presentation. Your request, however, does not seek copies of these slides, but appears in broad categorical terms to request copies of all preliminary option recommendations that may have been discussed with or provided by the Administration to Board members for their future consideration as relates to your described “10 (ten) budget-reduction options.” The District therefore denies your request, as the scope of the requested materials clearly seeks all documents relating to pre-decisional (c., preliminary) recommendations and expressions of policy recommendations which are exempt under 5 ILCS 140/7(1)(f). The scope of the request is also considered categorical, the consideration of which would be unduly burdensome to the District, 5 ILCS 140/3(g). Itis unduly burdensome as the District would have to search for all STERUNG OFFICE ERIE OFFICE, DIXON OFFICE (815) 625-8200 /F: (815) 625.8348 :(809} 659-2241 / (B15) 625-8200 ®: (815) 284-8200 /F: (815) 284.0926Sauk Valley Media Re: FOIA Email Submitted 3/22/16 March 29, 2016 Page 2 “documents” or “communications,” that in any Way relate to the scope of your request, which would require a review of all documents and/or communications with Board members for a significant time period, as the fiscal issues leading up to the present fiscal situation has existed for some time. Due to the complete exemption of the requested items it is unnecessary to note, but any “private information” contained in any possibly responsive documents would also be exempt under 5 ILCS 140/7(1)(b) Sauk Valley Media is undoubtedly aware of the fiscal situation public schools currently face within the State of Illinois and the resulting specific difficulties faced by the Sterling Public Schools. This crisis has left the District with a need to reduce the fiscal year 2017 budget by over $800.000. Given the inability of the State of Illinois to adopt a budget, the level of available State Aid for the next school year is equally uncertain, These are difficult decisions for school districts, We are confident that you can appreciate the difficult decisions that how need to be made by members of the Board of Education at future board meetings. The Administration, of course, was tasked with formulation of preliminary budget reduction plan options, or pre-decisional recommendations. Your email references the Press Association's viewpoint on “factual” information about the District. We note, however, that your categorical request does not simply seek factual information about current District operations, but expressly seeks copies of possible pre-decisional internal documents and communications that may contain expressions of policy recommendations, i.e. what component of the educational environment is or could be available to be further fiscally constrained and what staff, if any, may need to be reduced due to the budget shortfall. These are difficult decisions which the Board has yet to make and over which the Board and the Administration will undoubtedly consider and deliberate about a variety of potential options and the fiscal, as well as educational, impact. Release of the specifically requested “option” documents or communications prior to the Board taking formal action would directly infringe con the right of the Board to weigh and balance potential options, consider frankly the possible outcomes of contemplated future decisions, in order to be informed when ultimately arriving at any final policy decision—a decision that may not even resemble the outlined pre-decisional administration options. The final decision, versus the pre-decisional opinions (options), of course will be public information and available. We also take note of the suggestion in your request that “factual” information is not exempt under section 7(1)(f). If you wish to submit a FOIA request that seeks factual information about current District operations, teacher salaries and benefit costs, etc., any such requests will be appropriately processed by the District. At this time, however, your request appears to only directly seek documents or communications that are expressly part of the pre-decisional and /or deliberative process. Pre-decisional outlining of options and each options impact on future District operations are expressions of administrative and/or Board member policy recommendations and therefore exempt. Finally, under 5 ILCS 140/3(g) the District invites you to narrow your categorical request and resubmit in a manner that does not seek “all documents” and does not seek documents/communications related to pre-decisional materials under 140/7(1)(4) but rather seeks factual information within a defined (versus unlimited) time period, You may submit a revised request to my attention or directlySauk Valley Media Re: FOIA Email Submitted 3/22/16 March 29, 2016 Page 3 to the District FOIA officer. You have a right to appeal this denial to the Public Access Counselor, or seek judicial review in the Circuit Court of Whiteside County. Should you have any questions please do not hesitate to contact me. Very truly yours, WARD, MURRAY, PACE & JOHNSON, P.C, TBZ:vh xe: Supt. Tad Everett