OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

KWAME RAOUL
ATTORNEY GENERAL

March 11, 2019

Via electronic mail

Mr. David J. Kulinkus
Chief of Civil Bureau
Office of the Winnebago
County State' s Attorney
400 West State Street, Suite 619
Rockford, Illinois 61101
dkurlinkus@wincoil. us

RE: FOIA Request for Review —2019 PAC 57077

Requester: Mr. Isaac Guerrero
Date of FOIA Request: February 18, 2019
Dear Mr. Kulinkus:

The Public Access Bureau has received the enclosed Request for Review of the
response by the Office of the Winnebago County State' s Attorney ( State' s Attorney' s Office) to a
Freedom of Information Act (FOIA) request submitted by Mr. Isaac Guerrero, on behalf of the
Rockford Register Star. We have determined that further action is warranted.

On February 18, 2019, Mr. Guerrero submitted a FOIA request to the State' s
Attorney' s Office seeking copies of "engagement letters, emails or other written or electronic
correspondence in the last 60 days between the Winnebago County State' s Attorney' s Office and
any third -party firm or investigator regarding complaints of potential violations of the
Winnebago County ethics policy." I On February 18, 2018, the State's Attorney's Office denied
the FOIA request in its entirety under sections 7( 1)( c), 7( 1)( d)( ii), 7( 1)( d)( iii), 7( 1)( m), and
7( 1)( n) of FOIA ( 5 ILCS 140/ 7( I)( c), ( 1)( d)( ii), ( 1)( d)( iii), ( 1)( m), (
1)( n) ( West 2017 Stipp.), as
amended by Public Act 100- 732, effective August 3, 2018). In his Request for Review. Mr.
Guerrero contests the State' s Attorney' s Office' s denial.

E- mail from Isaac Guerrero to statesattomey@wincoil. us ( February 18, 2019).

500 South Second Street, Springfield, Illinois 62701 • ( 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
601 South
University Ave., Carbondale, Illinois 62901 • ( 618) 529- 6400. TTY: ( 877) 675- 9339 • Fax: ( 618) 529- 6416
 Mr. David J. Kulinkus
March 11, 2019
Page 2

As required under section 9.5( c) of FOIA ( 5 ILCS 140/ 9. 5( c) ( West 2016)),

please furnish this office for our confidential review copies of the withheld records. Please also
provide this office with a detailed written explanation of the factual and legal bases for
withholding the records in entirety pursuant to the FOIA exemptions cited. In your response,
please clarify how disclosure of the records would ( 1) interfere with administrative enforcement
proceedings, and ( 2) create a substantial likelihood that a person will be deprived of a fair trial or
an impartial hearing. Additionally, please clarify whether the records withheld pursuant to
section 7( 1)( n) of FOIA were generated as part of an adjudication, and, if so, describe which of
the withheld records pertain to that adjudication.

This information must be submitted to our office within seven ( 7) business

days after receipt of this letter. Under FOIA, "[ t] he Public Access Counselor shall forward a
copy of the answer to the person submitting the request for review, with any alleged confidential
information to which the request pertains redacted from the copy. The requester may, but is not
required to, respond in writing[.]"
5 ILCS 140/ 9. 5( d) ( West 2016). If you claim that any
portion of your written response is confidential, please send two versions of your response
letter: a complete copy for this office' s confidential review and a redacted version suitable
for this office to forward to the requester.

Please contact me at ( 312) 814- 5201 if you have questions or would like to
discuss this matter. Thank you.

EDIE STEINBERG
Assistant Attorney General
Public Access Bureau

Enclosure

cc: Via electronic mail

Mr. Isaac Guerrero
Local Editor
Rockford Register Star
99 East State Street
Rockford, Illinois 61104
iguerrero@rrstar. com
 Carnes, Jodi

From:
Guerrero, Isaac < iguerrero@rrstar. com>
Sent:
Friday, March 01, 2019 12: 10 PM
To: Public Access
Subject:
FOIA appeal/ request for review
Attachments:
Guerrero FOIA Request for Review Letter March 1. pdf; Guerrero FOIA Denial Letter Feb
25. pdf, Guerrero FOIA Feb 18. pdf

Please accept this correspondence as a FOIA request for review.

See attached documents for more detail:
Signed letter, dated March 1, 2019, to PAC for FOIA request for review
Feb. 18, 2019 FOIA request to Winnebago County State' s Attorney' s Office
Feb. 25, 2019 denial letter from WCSA and subsequent email correspondence
Should you have any questions, please contact me at jguerrero , rrstar. com or telephone
me at 815- 987- 1361.

Thank you.

Isaac Guerrero
Local Editor
Rockford Register Star I rrstar.com

Freeport Journal -Standard iournalstandard. com

Wisaac rrs
815- 987- 1361 (direct)
815- 987- 1365 ( fax)
99 East State St. Rockford, IL 61104
iguerreroarrstar.com
https:// www.facebook. com/ isaacrrstar

This message may contain confidential and/or privileged information. If you are not the intended recipient or authorized to
receive this for the intended recipient, you must not use, copy, disclose or lake any action based on this message or any
information herein.
mail and delete this Ifmessage.
you have Thank
receivedyouthisfor message in error, please advise the sender immediately by sending a reply e-
your cooperation.

1
Sarah Pratt, Public Access Counselor March, 1, 2019

Office of the Attorney General

500 S. 2nd Street
Springfield, Illinois 62701

Please accept this letter as a FOIA request for review. I am a reporter employed by the Rockford
Register Star newspaper and I write newspaper articles to inform taxpayers and residents in Winnebago
County about how their county government uses their taxpayer dollars to govern and serve them.

Please consider the following:

1. On Feb. 18 I submitted a FOIA request to the Winnebago County State' s Attorney' s Office for copies
of engagement letters, emails or other written or electronic correspondence in the last 60 days between
the WCSA Office and any third -party firm or investigator regarding complaints of potential violations
of the Winnebago County ethics policy.

2. On Feb. 25, the WCSA Office sent me a denial letter, citing several exemptions under the Illinois
FOIA.

3. On Feb. 25, roughly an hour after receiving the denial letter, I emailed a reply to the WCSA Office in
an attempt to negotiate a partial release of the requested documents. The WCSA's engagement of law
firms or investigators to conduct public business — and the payment for such activity with taxpayer
dollars —
is clearly a matter of public interest. Furthermore, it would seem entirely possible for such
letters to be released to the public in a partially redacted manner so as to not compromise any ongoing
personnel investigation while also not compromising the privacy or personnel concerns raised in the
WCSA Office' s denial letter.

4. On Feb. 28, the WCSA Office emailed a response to me, maintaining its denial of the requested
documents.

I would appreciate a prompt response to my FOIA request for review. Should you have any questions
about my request, please contact me at iguerrero@rrstar. com or telephone me at 815- 987- 1361.

Sincerely,

Isaac Guerrero
6—
lL
Lc—

Local Editor
Rockford Register Star i rrstar.corrt
Freeport Journal -Standard } joumalstandard. com
fa isaac rrs
815- 987- 1361 ( direct)
815- 987- 1365 ( fax)
99 East State St. Rockford, IL 61104
iguerrero@rrstar.com
Mail - FOIA Request hups:// mail. gOogle. com/ mail/ u/ 07ikrzad7acd053b& eiew= pt& searc..,

Guerrero, Isaac < iguerrero@rrstar. com>

GateHoua Media'
FOIA Request
4 messages

David Kurlinkus < DKurlinkus@wincoil. us> Mon, Feb 25, 2019 at 3: 45 PM

To: " Guerrero, Isaac" < iguerrero@rrstar. com>
Cc: Marilyn Hite Ross < MHiteRoss@wincoil. us>

Mr. Guerrero:

Please let this serve as a response to your request dated February 19, 2019, for certain documents
from this office under the Illinois Freedom of Information Act. For the following reasons, your
request is being denied. First, the documents you request, if they exist, are part of presumed
investigation presumably involving an alleged complaint of violations of the Winnebago County
ethics policy. First, we cannot confirm that such an investigation has been initiated since it would be ,
a confidential matter and would involve investigation of County personnel. Both of these matters
would be made public if the documents you seek do indeed exist and are disclosed. We are relying
on several portions of FOIA including the personal information exemption ( 5 ILCS 140/ 7( 1)( c)) in
that the disclosure of the documents you seek, if they exist, would constitute an unwarranted
invasion of personal privacy of the presumed subject of the presumed investigation. We also claim
an exemption under 5 ILCS 140/ 7( 1)( d)( ii) and ( iii) in that the disclosure of the documents you seek,
if they exist, would interfere with an active enforcement proceeding presumably being conducted by
or on behalf of this office and would create a substantial likelihood that the subject of the presumed
investigation would be deprived of a fair hearing. Additionally, I call your attention to 5 ILCS
140/ 7( 1)( m) and ( n). Without confirming the presumed investigation has been. initiated,
communications with an attorney retained by this office to conduct such an investigation would be
exempt under Section m above since it would be protected by attorney- client privilege and would
certainly not be subject to discovery in civil litigation and, under the circumstances you describe,
would also be exempt as materials prepared or compiled for this office in anticipation of an
administrative proceeding. Under Section n above, again, given the circumstances you describe
and without confirming the presumed investigation has been initiated, the documents you request
would certainly qualify as a record relating to this offices adjudication of and employee grievance or
discipline case.

For all of the foregoing reasons, the. production of any documents in the possession or control of
this office responsive to your request, if they exist, is denied.

Since your request has been denied, pursuant to section 9( a) of the Freedom of Information Act, 5
ILCS 140/ 9( a), you are hereby notified that this decision was made by the undersigned, the
Winnebago County State' s Attorney' s Freedom of Information Officer, and that you have a right to
review by the Public Access Counselor:

Sarah Pratt

1 of 3
3/ 1/ 19, 11: 23 AM
 Mail - FOIA Request
Mtps:// mail. google. com/ mail/ u/0?ik= ad7acd053b& view= pt& wart...

Public Access Counselor

Office of the Attorney General

500 S. 2nd Street

Springfield, IL 62706

Telephone: 1- 877- 299- 3642

Facsimile: 217-782-1396

E- mail: publicaccess@atg. state. il.us

You are further notified that you have the right to judicial review as provided in 5 ILCS 140/ 11.

David J. Kurlinkus

Chief of Civil Bureau

Office of the Winnebago County State' s Attorney

FOIA Officer

Guerrero, Isaac < iguerrero@rrstar. t: om>

Mon, Feb 25, 2019 al 4: 37 PM
To: David Kurlinkus < DKurlinkus@wincoil. us>
Cc: Marilyn Hite Ross < MHiteRoss@wincoil. us>

Mr. Kurlinkus,

WII you at least provide me with partially redacted copies of the engagement lelter( s) per my FOIA request? To
the extent that the State' s Attorney' s Office has hired outside counsel to investigate a potential ethics violation( s)
and is spending taxpayer money to do so — then the production of such a document(s) is surely within the
public's right to know and presumably could be partially redacted so as not to impede any investigation or
infringe upon the personnel and confidentiality matters you have referenced.
Regards,
Isaac Guerrero

Isaac Guerrero
Local Editor

Rockford Register Star I rrstar. com

Freeport Joumal- Standard I joumalstandard. com
@isaac_ rrs
815- 987- 1361 ( direct)
815- 987- 1365 ( fax)
99 East State St. Rockford, IL 61104
iguerrero@rrstar. com
https:// www.facebook. comhsaacrrstar •

2 of 3
3/ 1/ 19, 11: 23 AM
 Mail - FOIA Request
lutps:// mail. google.com/ mail/ u/ 0?ik= ad7acd053b& view= pt& searO...

Quoted text hidden]

Guerrero, Isaac < iguerrero@rrstar. com> Thu Feb 28 2019 at 11: 36 AM

To: David Kurlinkus < DKurlinkus@wincoil. us>

Did you arrive at a final answer?

Isaac Guerrero
Local Editor
Rockford Register Star I rrstar.com
Freeport Journal -Standard i joumalstandard. com
@isaac_ rrs
815- 987. 1361 ( direct)
815- 987- 1365 ( fax)
99 East State St. Rockford, IL 61104
ig uerrero@rrstar. com
https://www.facebook.com/ isaacrrstar

Quoted text hidden]

David Kurlinkus < DKurlinkus@wincoil. us>

Thu, Feb 28, 2019 at 3: 48 PM
To: " Guerrero, Isaac" <iguerrero@rrstar.com>
Cc: Marilyn Hite Ross < MHiteRoss@wincoil. us>

We maintain the position in the response.

Quoted text hidden]

This message may contain confidential and/or privileged info rmation. If you are not the intended recipient or
authorised to receive this for the intended recipient, you must not use, copy, disclose or take any action based
on this message or any information herein. If you have receiv ed
• this message in error, please advise the
sender immediately by sending a reply e- mail and delete this message. Thank you for your cooperation.

3 of 3
3/ 1/ 19, 11: 23 AM
Mail - Rockford Register Star FOIA request https:// mai I. googl e. com/ mai I/ u/ 0?i k= ad7acd053 b& view= pt& searc...

1
Guerrero, Isaac ciguerrero@rrstar. com>

GateHouse Media'

Rockford Register Star FOIA request

1 message

Guerrero, Isaac < iguerrero@rrstar. com> . Mon, Feb 18, 2019 at 10:20 AM
To: statesattomey@wincoil. us

Per the Illinois Freedom of Information Act (5 ILCS 140/ 1 et seq.), 1 request access to:

Copies of engagement letters, emails or other written or electronic correspondence in the last 60 days between
the Winnebago County State' s Attorney' s Office and any third -party firm or investigator regarding complaints of
potential violations of the Winnebago County ethics policy.

I am a reporter employed by the Rockford Register Star, and am requesting this information in that capacity for
noncommercial purposes. As you know, the FOIA requires an agency to waive or reduce duplication fees where
the disclosure of the information is in the public interest because it is likely to contribute significantly to public
understanding of the operations or activities of government. Therefore, I respectfully request a waiver of all
duplication fees associated with this request.

I believe that all of the information I have requested is releasable under the FOIA. However, if you decide to
withhold all or part of the information requested, please send me a detailed statement of the reasons for this
denial with references to the specific exemptions of the FOIA you are claiming for each withheld document or
portions of documents.

Because I am making this request as a journalist and this information is of timely value, please respond to my
request within 5 working days as required by the Act. Please call me when the requested information has been
compiled so that 1 may arrange to inspect It electronically and, if necessary, obtain printed copies of some or all
of the requested records and pay any necessary copying fees.

Don' t hesitate to call me at 815- 987- 1361 if you have any questions regarding this FOIA request.

Regards,
Isaac Guerrero

Isaac Guerrero
Local Editor

Rockford Register Star I rrstar.com

Freeport Journal -Standard 1 journalstandard.com
@isaac_ rrs
815- 987- 1361 ( direct)
815- 987- 1365 ( fax)
99 East State St. Rockford, IL 61104
iguerrero@rrsta r. com
https:/ hwuwfacebook. com/ isaacrrstar

1of1 3/ 1/ 19, 11: 22 AM

 OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS

KWAME RAOUL
ATTORNEY GENERAL

March 28, 2019

Via electronic mail

Mr. Isaac Guerrero, Local Editor
Rockford Register Star
99 East State Street
Rockford, Illinois 61104

iguerrero@rrstar. com

RE: FOIA Request for Review —2019 PAC 57077

Dear Mr. Guerrero:

The Public Access Bureau has received the enclosed letter in response to your•
Request for Review from the Office of the Winnebago County State' s Attorney.

You may, but are not required to, reply in writing to the public body' s response.
If you choose to reply, you must submit your reply to this office within 7 business days of your
receipt of this letter. 5 ILCS 140/ 9. 5( d) ( West 2016). Please send a copy of your reply to the
public body as well. If you have any questions about this matter, please contact me at 312- 814-
5201.

STEL BERG
Assistant Attorney General
Public Access Bureau
Enclosure

cc: Via electronic mail

Mr. David J. Kulinkus, Chief of Civil Bureau

Office of the Winnebago County State' s Attorney

400 West State Street, Suite 619
Rockford, Illinois 61101
dkurlinkus@wincoil. us

500 South Second Street. Springfield, Illinois 62701 • ( 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
601 South University Ave., Carbondale, Illinois 62901 • ( 618) 529- 6400 • TTY: ( 877) 675- 9339 • Fax: ( 618) 529- 6416
 MARILYN HITE ROSS
WI N N EBAGO COUNTY STATES ATTORNEY
RECEIVED
MAR 21 2019
March 20, 2019
Public Access
Counselor
Edie Steinberg
Assistant Attorney General
Public Access Bureau
100 West Randolph Street
Chicago, IL 62706

Re: FOIA Request for Review - 2019 PAC 57077

Dear Ms. Steinberg:

Please let this correspondence serve as a response to your letter dated March 11, 2019, in regard
to the above -referenced Request for Review.

The Freedoiri• ofInformation' Request- Isaaci Guererro-' was received by this office via email' on.
February 18, 2019 equested:

Copies of engagement letters, emails or other written or electronic correspondence

in the last 60 days between the Winnebago County State' s Attorney' s Office and
any third -party firm or investigation regarding complaints of potential violations of
the Winnebago County ethics policy.

On February 26, I denied the request in its entirety citing exemptions under 5 ILCS 140/ 7( 1)( c),
5 ILCS 140/ 7( 1)( d)( ii) and ( iii) and 5 ILCS 140/ 7( 1)( m) and ( n). As you can see from my
response, I did not confirm whether any such investigation regarding a potential violation of the
county ethics policy was taking place and, therefore, did not confirm whether the Winnebago
County State' s Attorney' s office had engaged the services of a third party to conduct such an
investigation.

Any investigatory documents such as those sought by Mr. Guererro would be kept completely
confidential by this office, necessarily to protect the confidentiality of the complainant, the
accused, the witnesses and any statements made. If the investigation were to become public
during its pendency, the iritegrity of the investigative process would be destroyed. Given the
confidential natuie of sueh an inve§figation• by this office,• and, ' further; the limited number of
persons who would even be aware of such an investigation taking place, it is disturbing that Mr.

400 W. State Street, Suite 619, Rockford, IL 61101, STATESA1TORNEY@CO. WINNEBAGO. IL.US, ( 815) 319-4700, Fax (815) 319.4701
Criminal Bureau, Victim/ Witness Services.( 815) 319- 4700, TDD ( 815) 961- 3684
Civil Bureau, ( 815) 3194799, Fax ( 815) 319- 4798, Child Protection/ Juvenile Unit, ( 815) 319-4797, Fax ( 815) 319- 4796
 Winnebago County State' s Attorney
Civil Bureau
Page 2

Guererro obtained enough information to file his FOIA request. Even more disturbing is the
degree of specifics that he includes in his request— the engagement of the third party to
investigate a violation of a potential violation of the ethics policy. That is information he simply
should not have in the case of an investigation of this degree of sensitivity.

I will address the bases for my denial of his request in order of their appearance in my denial.
Assuming that the documents he seeks do, indeed, exist, they would, necessarily, include
personal information of the subject of the investigation and the complainant. Given the fact that
Mr. Guererro already is in possession of sufficient specific information to identify not only the
subject matter of the investigation, but also the potential involvement of a third party to perform
the investigation, any documents provided, regardless of how heavily they are redacted, would
only serve to corroborate the identities the parties involved which would result in his ability to
publically identify them and not only violate their right to privacy, but also to violate the right of
the accused party to his or her right to confidentiality during the course of the investigation.
Such identification would also interfere with the investigator' s ability to conduct a fair and
impartial investigation. The rights of the accused and the accuser must be protected by this
office and cannot be secondary to the media' s desire for story.

We are relying on several portions of FOIA including the personal information exemption ( 5
ILCS 140/ 7( 1)( c)) in that the disclosure of the documents sought, if they exist, would constitute
an unwarranted invasion of personal privacy of a subject of an investigation of "complaints of
potential violation of the Winnebago ethics Allowing any details of such an
policy."

investigation conducted internally or externally would, subject the accused employee to public
scrutiny that would clearly violate their privacy rights. If the investigation were to show that the
allegations were to be unfounded, the reputation of the employee would be irreparably damaged.
The potential disclosure of personal information in the documents requested at this early stage
far outweighs the " public interest" in the matter. The disclosure of the final report of the
investigation would not be prohibited under FOIA, see the response below to the exemption
claimed under 5 ILCS 140/ 7( 1)( n).

We also claim an exemption under 5 ILCS 140/ 7( 1)( d)( ii) and ( iii) in that the disclosure of the
documents sought would interfere with an active enforcement proceeding being conducted by or
on behalf of this office and would create a substantial likelihood that the subject of the presumed
investigation would be deprived of a fair hearing. In an investigation of this type, confidentiality
is of paramount importance. Interviews of a number of employer' s personnel would be required,
and even confirming the existence of this type of investigation exists would allow affected
witnesses and parties to take actions or exchange information that would be prejudicial to an
impartial investigation and ultimate recommendation for any possible action against the accused
employee.

The exemption under 5 ILCS 140/ 7( 1)( m) is based on privileged communications with an
attorney retained by this office to conduct an investigation which would be exempt since it
would be protected by attorney- client privilege and would certainly not be subject to discovery in
civil litigation without entry of a protective order and, would also be exempt as materials
prepared or compiled for this office in anticipation of an administrative proceeding. The
disclosure of issues in an investigation alleged by Mr. Guererro that are the subject of
 Winnebago County State' s Attorney
Civil Bureau
Page 3

communication between a client, albeit the State' s Attorney, and her attorney is not subject to
disclosure.

The exemption under 5 ILCS 140/ 7( I)( n) would certainly qualify as records relating to this
office' s adjudication of an employee grievance or discipline case. The fact that the records
sought deal with " complaints of potential violations of the Winnebago County ethics policy"
implies that adjudication or discipline regarding the affected employee is at issue. Clearly, this
section is intended to apply to cases such as this in the investigatory stage since it further states
that the exemption " shall not extend to the final outcome of cases in which discipline is
imposed." Conversely, it must be seen as extending to those documents in discipline cases prior
to the final outcome. This request clearly does not address a document in a final outcome, so it
must be denied.

Because of the extreme sensitivity of the issues involved in this matter, we are uncomfortable
sending unredacted copies of the documents requested.

Should you have any questions regarding this matter, please do not hesitate to contact me.

Sincerely yours,

David J. Kwlinkus
Chief of Civil Bureau
Office of the Winnebago County State' s Attorney
FOIA Officer