Sent via e-mail to publicaccess@atg.state.il.

us

June 6, 2012 Public Access Counselor Office of the Illinois Attorney General 5 0 0 S. 2nd Street Springfield, Illinois 62706 PUBLIC RECORDS REQUEST To whom it may concern: This is a request for information under the Illinois Freedom of Information Act. Please find attached a letter dated April 16, 2012 from IL Sen. Tim Bivins to Chief Deputy Attorney General Brent D. Stratton. Please provide me with all related records including but not limited to internal correspondence and any response(s) to Sen. Bivins. If available, please provide in digital format and send via e-mail to pmh@medfraud.info I am willing to pay fees for this request up to a maximum of $25. If you estimate that the fees will exceed this limit, please inform me first. Thank you for your attention to my request and I look forward to receiving the requested records. Sincerely,

Peter M. Heimlich Duluth, GA 30096 ph: (208)474-7283 e-mail: pmh@medfraud.info website: MedFraud blog: The Sidebar

C A P I T O L OFFICE: M 1 0 3 B STATE CAPITOL SPRINGFIELD, IL 6 2 7 0 6 217/782-0180 217/782-9586(FAX) DISTRICT OFFICES: 6 2 9 NORTH GALENA AVE. OIXON, I L 6 1 0 2 1 815/284-0045 v 815/284-0207(FAX) 5 0 W. OOUGLAS ST. FREEPORT,IL60132 815/233-0037 8 1 5 / 2 3 2 - 0 7 7 7 (FAX)
E - M A I L : senatort>ivins@grics.net

COMMITTEES: MINORITY SPOKESPERSON: STATE GOVERNMENT & VETERANS AFFAIRS MEMBER: AGRICULTURE a CONSERVATION APPROPRIATIONS I COMMERCE CRIMINAL LAW ILLINOIS S T A T E S E N A T E

TIM BIV1NS
STATE SENATOR 45TH DISTRICT

W E B : http:ttbiviiis.senategop.org

RCEIVED
April 16,2012

APR 1 8 2|0|2 ATTORND

aayau!

Brent D. Stratton Chief Deputy Attorney General Office of the Illinois Attorney General 100 W. Randolph Street, 12th Floor Chicago, Illinois 60601 Dear Mr. Stratton: Thank you for your March 2 response to my January 18 letter inquiring about your office's investigation of the Save-A-Life Foundation (SALF). I appreciated your offer to answer any further questions I might have. In fact, I do have one. As you maybe aware, in FY2003 your office awarded a $25,000 grant to SALF. An application for the funding was submitted to your agency by Bennett Krause, SALF's National Director of Legislative Affairs. According to the grant application submitted by Mr. Krause, the $25,000 your office awarded to SALF was designated to provide first aid training classes to students in the following eight IL school districts: Salem School District #111 (Marion County) South Central Community Unit School District #401 (Kinmundy, Marion County) Camp Point CU School District #3 Beardstown CU School District #15 Rantoul City School District #137 (Champaign County) Cass County School Districts (Cass County) Edwardsville CU School District #7 Greenview CU School District #200

RECYCLED PAPER SOYBEAN INKS

However, in response to recent FOIA requests, representatives of all eight districts promptly and unequivocally replied that they have no records of any training records. Most responded that they've never had any association with SALF. Further, in the grant application, Mr. Krause stated: The Save A Life Foundation (SALF) instructors have successfully trained more than 500,000 school children in Illinois since 1998. Based on the reasons explained in my previous letter, in my opinion this 500,000 figure is not only unsupportable, it's completely fabricated. In any event, presumably Mr. Krause can shed some light on these questions. According to his Linkedln resume, he's now employed as Statewide Manager of the IL State Employment Services Division. Here's my question. In your recent letter to me, you stated: (Where) grants from state agencies are involved, (our) Office typically becomes involved through referrals from the granting agencies. We have never received a referralfrom a state agency raising any concerns regarding a grant made to SALF. Does Attorney General Madigan intend to refer the $25,000 grant your office awarded to SALF to her ongoing investigation of SALF? Thank you for your continued attention and I look forward to your reply.

State Senator 45th District

OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

Lisa Madigan
ATTORNEY GENERAL

June 11, 2012

VIA ELECTRONIC MAIL Mr. Peter M. Heimlich Duluth, Georgia 30096 pmh@medfraud.info RE: Freedom of Information Act Request 2012 FOIA 020003

Dear Mr. Heimlich: Thank you for writing to the Office of the Illinois Attorney General with your request for information pursuant to the Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq. (West 2010)). In an e-mail received on June 4, 2012, you requested copies of "all [records related to a letter dated April 16, 2012 from IL Sen. Tim Bivins to Chief Deputy Attorney General Brent D. Stratton regarding a $25,000 grant to Save-A-Life Foundation in FY2003,] including but not limited to internal correspondence and any response(s) to Sen. Bivins." Your request is granted in part and denied in part. In the records we are providing, we have redacted "unique identifiers" as defined in section 2(c-5) of FOIA (5 ILCS 140/2(c-5) (West 2010)) as "private information." "Private information" is exempt from disclosure under section 7(1 )(b) of FOIA. 5 ILCS 140/7(l)(b) (West 2010), as amended by Public Acts 97-333, effective August 12, 2011; 97-385, effective August 15, 2011; 97-452, effective August 19, 2011. Specifically, we have redacted a signature. Some responsive records, however, are being withheld under section 7(1 )(f) of FOIA. 5 ILCS 140/7(1 )(f) (West 2010), as amended by Public Acts 97-333, effective August 12, 2011; 97-385, effective August 15, 2011; 97-452, effective August 19, 2011.

500 South Second Street, Springfield, Illinois 62706 (217)782-1090 TTY: (877) 844-5461 Fax:(217)782-7046 100 West Randolph Street, Chicago, Illinois 60601 (312)814-3000 TTY: (800) 964-3013 Fax:(312)814-3806 1001 East Main, Carbondale, Illinois 62901 (618)529-6400 T I T : (877) 675-9339 Fax:(618)529-6416

Peter M. Heimlich June 11,2012 Page 2

Section KlMf) '' Section 7(l)(f) of FOIA protects against disclosure of "[preliminary drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated[.]" The records that we have determined are exempt under this section consist of an internal e-mail communication and a preliminary draft written for the purpose of planning courses of action with regard to this matter. All of these materials are predecisional. They are exempt under the rationale that public bodies must be able to evaluate information internally and explore possible courses of action confidentially before making final determinations that should be shared with the public. See Harwood v. McDonough, 344 111. App. 3d 242, 247 (2003) ("as a matter of public policy, section 7(l)(f) exempts from disclosure predecisional materials used by a public body in its deliberative process"). Accordingly, some responsive records are exempt from disclosure under section 7(1 )(f) of FOIA. You have a right to have the partial denial of your request reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General. 5 ILCS 140/9.5(a) (West 2010), as amended by Public Act 97-579, effective August 26, 2011. You may file your request for review with the PAC by writing to: Sarah Pratt Acting Public Access Counselor Office of the Illinois Attorney General 500 South 2nd Street Springfield, Illinois 62706 Fax: (217)782-1396 publicaccess@atg.state.il.us If you choose to file a request for review with the PAC, you must do so within 60 calendar days of the date of this partial denial letter. 5 ILCS 140/9.5(a) (West 2010), as amended by Public Act 97-579, effective August 26, 2011. Please note that you must include a copy of your original FOIA request and of this partial denial letter when filing a request for review with the PAC.

Peter M. Heimlich June 11,2012 Page 3

You also have the right to judicial review of your partial denial by filing suit in the appropriate Illinois court. 5 ILCS 140/11 (West 2010). Very truly yours,

CAITLIN Q. KNUTTE Assistant Attorney General FOIA Officer CQK:lk Enclosures

June 19, 2012 Sarah Pratt Acting Public Access Counselor Office of the Illinois Attorney General 500 South 2nd Street Springfield, Illinois 62706 Dear Ms. Pratt: Please find attached a June 11, 2012 letter to me from a FOIA officer at the Office of the IL Attorney General. This is to file an appeal of the partial denial of my FOIA request 0 2 0 0 0 3 which is described in that letter. Among other reasons supporting this appeal, per the following and other media reports regarding the Attorney General's investigation of the Save-A-Life Foundation, releasing the denied information is a matter of public interest and public welfare. 9/29/10: The State Investigates the Save-A-Life Foundation, WSIU radio (NPR)

10/19/10: Possible Charity Scam by Sophia Beausoleil, WCIA-TV, Champaign-Urbana IL 6/22/11: Chicos confirmation Sun-Times as state school boss hits snag by Dave McKinney, Chicago To

6/23/11: Gery Chico Save A Life Foundation Connection Delays His Appointment State Board Of Ed by Will Guzzardi, Huffington Post 11/10/11: Bivins scrutinizes Valley Telegraph questionable

uses of state funds by Emily Coleman, Sauk

Thank you for your consideration and I look forward to your office's decision regarding my appeal. Sincerely,

Peter M. Heimlich Duluth, GA 30096 ph: (208)474-7283

OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

Lisa Madigan
ATTORNEY GENERAL

June 11, 2012

VIA ELECTRONIC MAIL Mr. Peter M. Heimlich Duluth, Georgia 30096 pmh@medfraud.info RE: Freedom of Information Act Request 2012 FOIA 020003

Dear Mr. Heimlich: Thank you for writing to the Office of the Illinois Attorney General with your request for information pursuant to the Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq. (West 2010)). In an e-mail received on June 4, 2012, you requested copies of "all [records related to a letter dated April 16, 2012 from IL Sen. Tim Bivins to Chief Deputy Attorney General Brent D. Stratton regarding a $25,000 grant to Save-A-Life Foundation in FY2003,] including but not limited to internal correspondence and any response(s) to Sen. Bivins." Your request is granted in part and denied in part. In the records we are providing, we have redacted "unique identifiers" as defined in section 2(c-5) of FOIA (5 ILCS 140/2(c-5) (West 2010)) as "private information." "Private information" is exempt from disclosure under section 7(1 )(b) of FOIA. 5 ILCS 140/7(l)(b) (West 2010), as amended by Public Acts 97-333, effective August 12, 2011; 97-385, effective August 15, 2011; 97-452, effective August 19, 2011. Specifically, we have redacted a signature. Some responsive records, however, are being withheld under section 7(1 )(f) of FOIA. 5 ILCS 140/7(1 )(f) (West 2010), as amended by Public Acts 97-333, effective August 12, 2011; 97-385, effective August 15, 2011; 97-452, effective August 19, 2011.

500 South Second Street, Springfield, Illinois 62706 (217)782-1090 TTY: (877) 844-5461 Fax:(217)782-7046 100 West Randolph Street, Chicago, Illinois 60601 (312)814-3000 TTY: (800) 964-3013 Fax:(312)814-3806 1001 East Main, Carbondale, Illinois 62901 (618)529-6400 T I T : (877) 675-9339 Fax:(618)529-6416

Peter M. Heimlich June 11,2012 Page 2

Section KlMf) '' Section 7(l)(f) of FOIA protects against disclosure of "[preliminary drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulated[.]" The records that we have determined are exempt under this section consist of an internal e-mail communication and a preliminary draft written for the purpose of planning courses of action with regard to this matter. All of these materials are predecisional. They are exempt under the rationale that public bodies must be able to evaluate information internally and explore possible courses of action confidentially before making final determinations that should be shared with the public. See Harwood v. McDonough, 344 111. App. 3d 242, 247 (2003) ("as a matter of public policy, section 7(l)(f) exempts from disclosure predecisional materials used by a public body in its deliberative process"). Accordingly, some responsive records are exempt from disclosure under section 7(1 )(f) of FOIA. You have a right to have the partial denial of your request reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General. 5 ILCS 140/9.5(a) (West 2010), as amended by Public Act 97-579, effective August 26, 2011. You may file your request for review with the PAC by writing to: Sarah Pratt Acting Public Access Counselor Office of the Illinois Attorney General 500 South 2nd Street Springfield, Illinois 62706 Fax: (217)782-1396 publicaccess@atg.state.il.us If you choose to file a request for review with the PAC, you must do so within 60 calendar days of the date of this partial denial letter. 5 ILCS 140/9.5(a) (West 2010), as amended by Public Act 97-579, effective August 26, 2011. Please note that you must include a copy of your original FOIA request and of this partial denial letter when filing a request for review with the PAC.

Peter M. Heimlich June 11,2012 Page 3

You also have the right to judicial review of your partial denial by filing suit in the appropriate Illinois court. 5 ILCS 140/11 (West 2010). Very truly yours,

CAITLIN Q. KNUTTE Assistant Attorney General FOIA Officer CQK:lk Enclosures

OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

Lisa Madigan
ATTORNEY GENERAL

June 27,2012

Ms. Caitlin Q. Knutte Assistant Attorney General and FOIA Officer Office of the Attorney 500 South Second Street Springfield, Illinois 62706 RE: FOIA Request for Review - 2012 PAC 20213 Dear Ms. Knutte: Pursuant to section 9.5(c) of the Freedom of Information Act (FOIA) (5 ILCS 140/9.5(c) (West 2010), as amended by Public Act 97-579, effective August 26,2011), we have received a Request for Review of the response by the Office of the Attorney General (OAG) to a FOIA request submitted by Mr. Peter M. Heimlich. Enclosed for your reference are copies of the FOIA request and the Request for Review by our office. On June 6,2012, Mr. Heimlich requested copies of all records related to a letter from State Sen. Tim Bivins to OAG Chief Deputy Attorney General Brent D. Stratton, "including but not limited to internal correspondence and any response(s) to Sen. Bivins." OAG provided responsive records with a signature redacted pursuant to section 7(1 )(b) of FOIA (5 ILCS 140/7(l)(b) (West 2010), as amended by Public Act 97-333, effective August 12, 2011; 97-385, effective August 15, 2011; 97-452, effective August 19, 2011). OAG also withheld certain responsive records pursuant to section 7(1 )(f) (5 ILCS 140/7(1 )(f) (West 2010), as amended by Public Act 97-333, effective August 12,2011; 97-385, effective August 15, 2011; 97-452, effective August 19, 2011). We have determined that further inquiry is warranted. Please provide un-redacted copies of the records that were withheld together with a detailed summary for OAG's assertion of section 7(1 )(f).

betterfromPeter M. Heimlich to Public Access Counselor, Office of the Attorney General (June 6, 2012).

500 South Second Street, Springfield, Illinois 62706 (217)782-1090 TTY: (217)785-2771 Fax:(217)782-7046 100 West Randolph Street, Chicago, Illinois, 60601 (312)814-3000 TTY: (312)814-3374 Fax:(312)814-3806 1001 East Main, Carbondale, Illinois 62901 (618) 529-6400 TTY: (618) 529-6403 Fax: (618) 529-6416

Ms. Caitlin Q. Knutte June 27,2012 Page 2

As required under section 9.5(c) of FOIA, please provide this information to our office within seven (7) business days after receipt of this letter. As we review this matter, we will advise you if we require additional information. If you believe that other documents or information would help us as we review these issues, you may submit additional records or affidavits with the requested information. Please note that, under FOIA, we are required to forward a copy of any response from a public body to the requester and provide the requester with an opportunity to reply (5 ILCS 140/9.5(d) (West 2010) as amended by Public Act 97-579, effective August 26,2011). The Act provides, however, that "[t]o the extent that records or documents produced by a public body contain information that is claimed to be exempt from disclosure under Section 7 of [the] Act, the Public Access Counselor shall not further disclose that information." 5 ILCS 140/9.5(c) (West 2010), as amended by Public Act 97-579, effective August 26,2011). The Act also requires that we redact "any alleged confidential information to which the request pertains" when providing a copy of your written response to the requester (5 ILCS 140/9.5(d) (West 2010), as amended by Public Act 97-579, effective August 26, 2011). If your response contains information or documents you believe are confidential, you must clearly identify that specific information in your response. Please contact me at (312) 814-6756 if you have questions or would like to discuss this matter. Thank you. Very truly yours,

STEVE SILVERMAN Assistant Attorney General Public Access Bureau Enclosure cc: Mr. Peter M. Heimlich (will receive letter only) Duluth, Georgia 30096

O F F I C E O F T H E ATTORNEY G E N E R A L STATE OF ILLINOIS Lisa Madigan

ATTORNEY GENERAL

July 11,2012

VIA ELECTRONIC MAIL Mr. Steve Silverman Assistant Attorney General Public Access Bureau 100 West Randolph Street Chicago, Illinois 60601 ssilverman@atg.state.il. us RE: Dear Mr. Silverman: I am in receipt of your further inquiry letter of June 27, 2012, wherein you request, pursuant to section 9.5(c) of the Freedom Of Information Act (FOIA) (5 ILCS 140/9/5(c) (West 2010), as amended by Public Act 97-579, effective August 26, 2011), un-redacted copies of records that were withheld and a detailed summary for the assertion of section 7(1 )(f) of FOIA (5 ILCS 140/7(1X0 (West 2010), as amended by Public Acts 97-333, effective August 12, 2011; 97-385, effective August 15, 2011; 97-452, effective August 19, 2011) as the basis for withholding the records in responding to a recent FOIA request submitted by Mr. Peter M. Heimlich to the Office of the Illinois Attorney General. Specifically, in an e-mail received on June 4, 2012, Mr. Heimlich requested copies of "all [records related to a letter dated April 16, 2012 from IL Sen, Tim Bivins to Chief Deputy Attorney General Brent D. Stratton regarding a $25,000 grant to Save-A-Life Foundation in FY2003,] including but not limited to internal correspondence and any response(s) to Sen. Bivins." In response to Mr. Heimlich's FOIA request, we provided redacted copies of e-mails Mr. Stratton received from Mr. Heimlich pertaining to the $25,000 grant to Save-A-Life Foundation in FY2003. The records were redacted pursuant to section 7(1 )(b) of FOIA. 5 ILCS 140/7(1 Kb) (West 2010), as amended by Public Acts 97-333, effective August 12, 2011; 97-385, effective August 15, 2011; 97-452, effective August 19, 2011. In addition, we withheld one internal e-mail communication and one draft letter under section 7(1 )(f) of FOIA. 5 ILCS 140/7(1)(0 ( W e s t 201 )> a s amended by Public Acts 97-333, effective August 12, 2011; 97-385, effective August 15, 2011; 97-452, effective August 19, 2011. The withheld records are the subject of your further inquiry letter. FOIA Request for Review- 2012 PAC 20213

500 South Second Street. Springfield, Illinois 62706 (217)782-1090 TTY: (877) 844-5461 Fax:(217)782-7046 100 West Randolph Street, Chicago, Illinois 60601 (312)814-3000 TTY: (800) 964-3013 Fax:(312)814-3806 1001 East Main, Carbondale, Illinois 62901 (618)529-6400 TTY: (877) 675-9339 Fax:(618)529-6416

Steve Silverman July 11,2012 Page 2

Section l(l)(f) Section 7(1 )(f) of FOIA protects against disclosure of "[preliminary drafts, notes, recommendations, memoranda, and other records in which opinions are expressed, or policies or actions are formulatedf.]" We withheld two records pursuant to this section of FOIA. Specifically, we withheld an internal e-mail communication between Brent Stratton, Chief Deputy Attorney General, and Therese Harris, Chief, Charitable Trusts Bureau, pertaining to the Save-A-Life Foundation. This e-mail was written for the purpose of understanding certain legal requirements placed on the Save-A-Life Foundation in order to formulate a course of action with regard to Mr. Heimlich's inquiry pertaining to the grant. Further, the e-mail contains an opinion regarding the matter involved. We also withheld a draft letter to Senator Bivins from Mr. Stratton pertaining to the issue of the grant to Save-A-Life Foundation. This letter was preliminary in nature and had not been sent at the time of our response to Mr. Heimlich's FOIA request. The draft letter explains certain policies of the Attorney General's office and discusses possible courses of action by this office based on the policies. These records are exempt under the rationale that public bodies must be able to evaluate information internally and explore possible courses of action confidentially before making final determinations that should be shared with the public. See Harwood v. McDonough, 344 111. App. 3d 242, 247 (2003) ("as a matter of public policy, section 7(1 )(f) exempts from disclosure predecisional materials used by a public body in its deliberative process"). Accordingly, the internal e-mail and draft letter are exempt from disclosure under section 7(l)(f) of FOIA. I have enclosed copies of the withheld internal e-mail and draft letter for your review. Also enclosed is an e-mail communication received from Mr. Stratton pertaining to Mr. Heimlich's FOIA request that will assist you in your review of this matter. The enclosed records are confidential pursuant to section 7(1 )(f) of FOIA, and are not to be provided to the requester. If you have any questions or need any additional information, please contact me at (217)782-9090. Very truly yours,

CAITLIN Q. KNUTTE Assistant Attorney General FOIA Officer CQK:lk Enclosures