Stone-walling on FOIA Requests

Today's lead article in the Northwest Herald reminds us of the importance of efforts by the legislators in Springfield to put more muscle in the Freedom of Information Act. Muscle that will help those who submit FOIA Requests to get answers - the first time.

McHenry County College is stone-walling the Northwest Herald on details of Walt Packard's separation from his position as President of MCC. When it was announced, Mr. Packard stated he was stepping back to care for his wife.

Then the Northwest Herald asked for details. When they weren't forthcoming, it submitted a FOIA request. MCC claims the exemption of confidentiality of personnel records. Good try.

Now it turns out that Mr. Packard gets his full $188,564 annual pay until June 30, 2010. (What kind of pay formula results in that number, instead of $180,000, $185,000 or $190,000?)

While some details of the pay deal might be exempt from disclosure, certainly his duties as President Emeritus cannot be withheld. Isn't this really an honorary position or title provided to a past president? OK, so what does he have to do for the $188K?

But the article also says that in February 2009 Mr. Packard had two years left on his contract as President of MCC. What's up with the Board of Trustees' approving, pay, health insurance premiums and retirement contributions to June 30, 2010, rather than for one year to February 2010 or even two years to February 2011? Isn't a Leave of Absence, if that's what it is, normally for a maximum of one year?

The article refers to a 2007 decision by the Illinois 4th District Appellate Court that decided that the contract of the SIU president was not exempt from disclosure. Of course, that's the 4th District, and MCC would probably assert that a decision in that District does not control what happens in this Court District.

An organization like the Northwest Herald has the wherewithal to hop over to the McHenry County Circuit Court and file a complaint in court for further resolution. This option is certainly available to individuals, if they have the big bucks for a lawyer to do their walking and talking for them.

Even an individual could file a complaint in Circuit Court after getting stone-walled on a FOIA request, but it's a sure bet that the government entity would direct its lawyers to smoother the individual in Motions that would require legal response in the right format. And for this, an individual needs a lawyer. A court requires the person who is acting pro se (without an attorney) to know all the rules and procedures (or suffer the consequences). At what cost? I'll estimate $300-400/hour.

Hopefully, we'll be reading more in the Northwest Herald about this. Today's article concluded with word that they have filed a FOIA request for information about Dr. Brian Sager's compensation and duties.