You are on page 1of 12

Mr.

Tony Binns
August 1, 2017
Page 3

recordkeeping systems that were searched, the method of that search, and the specific individuals
who were consulted. With respect to the request for e- mail communications, please also
specifically address the applicability of section 7( 2) of FOIA ( 5 ILCS 140/ 7( 2) ( West 2016)),
which provides that "[ a] public record that is not in the possession of a public body but is in the
possession of a party with whom the agency has contracted to perform a governmental function
on behalf of the public body, and that directly relates to the governmental function and is not
otherwise exempt under this Act, shall be considered a public record of the public body, for
purposes of this Act."

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 nolson@atg. state. il.us or ( 217) 782- 9078 if you have
questions or would like to discuss this matter. Thank you in advance for your cooperation.

Very truly yours,

4zie
NEIL P. OLSON
Deputy Public Access Counselor
Assistant Attorney General, Public Access Bureau

Attachment

cc: Via electronic mail


Mr. Scott Williams
Editor, CWBChicago. com
contactgcwb@gmail. com
Public Access 4/ r0q
From:
Crime In Wrigleyville & Boystown < contactingcwb@gmail. com>
Sent:
Wednesday, July 26, 2017 2: 10 PM
To: Public Access
Cc:
DPDFOIA; Strazzabosco, Peter, Roschen, Mark
Subject: Request For Review - SSA # 8
Attachments:
Williams - D - City Agreement With SSA. pdf; Williams - B - Request for Extension. pdf;
Williams - A - Original request. pdf; Williams - C - Final response. pdf

Dear Ms. Pratt,

1 am contacting the Office of the Attorney General to ask your office to a review the City Of Chicago
Department of Planning and Development' s ( DPD) partial denial of my Freedom of information Act request.
My original emailed request to DPD, dated July 5, is enclosed as Attachment A.
DPD' s 5 -day extension request is attached as B, and the Department' s final response is attached as C.
My request sought documents and records related to security contractor services paid for with taxpayer dollars
in Chicago Special Service Area (SSA) # 8. Under Chicago' s SSA program, local non-profit organizations,
called Sole Providers, are authorized to oversee the spending of taxpayer dollars to improve local business
districts.

The Sole Provider that manages SSA #8' s use of taxpayer dollars is the Lakeview East Chamber of Commerce
LVECC).

Attached as D is the City of Chicago' s Sole Provider Agreement with LVECC for the calendar year 2015. The
2014 and 2016 agreements between the parties are identical in all relevant areas.
As background, I respectfully point your attention to section 3. 07 on page 17 of Attachment D Records and
Audits:

The Contractor shall keep books, documents, paper, records and accounts in connection with the
Services open to inspection, copying, abstracting, transcription, and an independent audit by City
employees or agents or third parties, and shall make these records available to the City and any other
interested governmental agency at reasonable times during the performance ofits Services."
Records are to be maintained for at least five years, the agreement states.
Further:

In addition to the records to be stored by Contractor, all records that are possessed by Contractor in its
service to the City to perform a governmental
Illinois Freedom Act ("
function are public records ofthe City pursuant to the
of Information FOIA ), unless the records are exempt under the Act. FOIA
requires Mat the City produce records in a very short period oftime. Ifthe Contractor receives a request
from the City to produce records, the Contractor shall do so within 72 hours ofthe notice."

1
Below are the specific requests that DPD denied in whole or in part along with the reasons given for their
decisions as well as my reasons for appealing each section to your office for review.

Copies of proposals received by SSA # 8 and/ or sole provider Lakeview East Chamber of Commerce in
response to its security RFPs for 2015 and 2016.

Enclosedfor your review are electronic copies ofthe proposals received by Special Service Area # 8for
2014- 2016.... "

The city provided a single RFP for the calendar year 2017, but none for the years requested. Given the SSA
agreement' s rule mandating preservation of records for at least five years and a statement in SSA # 8' s quarterly
meeting minutes on December 16, 2014, that " Maureen reviewed the RFP' s for Security Services with the
board..."
I believe RFPs exist and have been withheld unlawfully.

I respectfully ask your office to review the DPD' s response and as I reassert my request for production of these
documents.

All emails between SSA # 8 representatives including staff of the sole provider and " A& T Security
LLC" representatives transmitted during calendar years 2013, 2014, 2015, 2016, and 2017.

The city denied my request stating, " Our department is unable to provide emails since Lakeview '
Chamber of Commerce' s email system is not part of City of Chicago' s email system."

The emails being sought document how SSA # 8 came to hire an unlicensed security firm to receive nearly
60, 000 in taxpayer funds under its agreement with the City and how the people' s business was conducted with
that firm. Given the above- cited agreement between the City and SSA # 8 regarding access to records and the
agreement' s statement that records relevant to the actions taken by the SSA on behalf of the government are
public records under FOIA, there is no reasonable reason for these emails to be withheld from me.

Further, with Chicago Tribune Co. v. City of Chicago Office of the Mayor and Mayor Rahm Emanuel, and
Illinois Attorney General Public Access Opinion 16- 006 as guidance, emails such as those generated by SSA # 8
in the performance of the taxpayer' s business should be subject to FOIA regardless of where the records are
stored.

1 respectfully ask your office to review the DPD' s denial of my request for all emails between SSA # 8
representatives including staff of the sole provider and " A& T Security LLC" representatives transmitted: during
calendar years 2013, 2014, 2015, 2016, and 2017 as stated.

A copy of the following documents that SSA #8 should have acquired in entering its agreements for
security patrol services with " A& T Security LLC": Illinois Department of Financial and Professional
Regulation -issued Security Contractor Agency License for " A& T Security LLC"; Illinois Department of
Financial and Professional Regulation - issued Security Contractor License for agent in charge of " A& T
Security LLC"; Illinois state business license for " A& T Security LLC"; Chicago municipal business
license for " A& T Security LLC."

Regarding copies ofrequired documents that would have been submitted by A& T Security for their
services, A& T acted as unarmed Community Ambassadors. A& T's Certificate of Good Standing is
attached "

A& T Security LLC, an unlicensed security firm, was paid nearly $ 60, 000 in taxpayer funds in 2014- 2016. The
monies were budgeted by' SSA # 8 to " security services"; the services were hired in response to an RFP that
2
sought " a security firm" to provide " security services" with " security personnel"; and invoices for services
provided by A& T Security LLC state the monies were for "guards" and " security" and " security guards."
Individuals presumably paid with SSA # 8 funds under this agreement wore reflective vests that said
SECURITY" on their backs. Some were armed with handguns.

Further, the RFP states that the proposal seeks a " contractor" and states that the provider must " meet
subcontractor requirements" of the city' s SSA agreement.

Providing such services requires licensing by the state and I again express my request for the Illinois
Department of Financial and Professional Regulation -issued Security Contractor Agency License for "A& T
Security LLC"; Illinois Department of Financial and Professional Regulation -issued Security Contractor
License for agent in charge of "A& T Security LLC"; and the Chicago municipal business license for "A& T
Security LLC."

I am satisfied with the state' s certificate of good standing for " A & T Security LLC" provided by the City.
A copy of the Department of Planning and Development' s approval of SSA # 8' s hiring of " A& T
Security LLC" as required in section 3.08 Subcontracts and Assignments of the agreements between SSA
8, the City of Chicago, and the Lake View East Chamber of Commerce.

Additionally, regarding the approval by the Department ofPlanning and Development ofSSA # 8 's
hiring ofA& T Security as required by section 3.08 Subcontracts and Agreements, there were no contracts
signed with A& T Security. "

Section 3. 08 of the parties' agreement requires that security contractors are " certified by the State of Illinois and
the Security Firm' s employees shall be licensed by the State of Illinois." The city " expressly reserves the right
to approve all Security Firm subcontracts" per 3. 08.

The security RFP, as stated above, makes clear that the services sought were for security and that SSA # 8 and
the Lakeview East Chamber of Commerce were seeking a " contractor" and " subcontractor."
Even if no written contract or agreement exists and 1 do not submit that such is the case SSA #8 and the
Lakeview East Chamber of Commerce chose A& T Security LLC to receive $ 60,000 in funds budgeted for
security services as outlined above. SSA # 8 and LVECC had a fiduciary duty to ensure that A& T Security LLC
was licensed to operate asa security contractor in the state before paying it with taxpayer dollars.
Further, the suggestion t}iat SSA #8 and LVECC would have a two-year relationship with a contractor without
any written expression of expectations, costs of service, or changes in agreements strains belief.

I again express my request for copies of any contracts, letters of understanding, or other agreements or
statements of expectations between SSA # 8 and " A& T Security LLC" in calendar years 2013, 2014, 2015,
2016, and 2017.

Thank you for your assistance with my Request for Review.

Any communication or produced documents regarding my request may be sent to me at this email address.
Sincerely,

Scott Williams
Editor

3
C W BChicago. com

4
7/262017
Gmail- FOIA Request Security Contractor SSA 18

M Gmail Crime In Wrigleyvilie & Boystown ccontactingcwb@gmail. com>

FOIA Request - Security Contractor SSA #8


1 message

Crime In Wrigleyville & Boystown ccontactingcwb@gmail. eom> Wed, Jul 5, 2017 at 1: 15 PM


To: DPDFOIA@cityofchicago. org
Dear Freedom of Information Officer,

I am requesting thetofollowing
sent electronically
documents under the Illinois Freedom of Information Act. The responsive materials maylbe
this email address:

Copies of proposals received by SSA # 8 and/or sole provider Lakeview East Chamber of Commerce in response to its
security RFPs for 2015 and 2016.

Copies of all invoices paid in whole or in party with SSA # 8 funds to "A&T Security LLC" in calendar years 2013, 2014,
2015, 2016, and 2017.

Proof of payments (canceled checks) issued to A&T Security LLC" by SSA #8 in calendar years 2013, 2014, 2015,
2016, and 2017.

Copies of any contracts; letters of understanding, or other agreements or statements of expectations between SSA # 8
and " A& T Security LLC" in calendar years 2013, 2014, 2015, 2016, and 2017.

All emails between SSA # 8 representatives including staff of the sole provider and "A&T Security LLC representatives
transmitted during calendar years 2013, 2014, 2015, 2016, and 2017.

A copy of the following documents that SSA #8 should have acquired in entering its agreements for security patrol
services with "A&T Security LLC': Illinois Department of Financial and Professional Regulation -issued Security Contractor
Agency License for "A& T Security LLC"; Illinois Department of Financial and Professional Regulation -issued Security
Contractor License for agent in charge of "A&T Security LLC; Illinois state business license for "MT Security LLC';
Chicago municipal business license for "A& T Security LLC."
A copy of the the Department of Planning and Development' s approval of SSA # 8' s hiring of ' MT Security LLC as
required
Lake Viewin East
section 3. 08 Subcontracts
Chamber of Commerce.and Assignments of the agreements between SSA #8, the City of Chicago, and the

Names of all representatives at "A&T Security LLC' who represented the company' s business with SSA # 8 in calendar
years 2013, 2014, 2015, 2016, and 2017 and contact information for those individuals.
Thank you for your assistance with this request.

Sincerely,

Scott Williams
CWBChicago. com

https:// mail. google. com/ mail/ u/ 1/? ui= 2& ik--e436809911& jsver
HFICIDbXmXEw. en.& view= pt& search= sent& th- 150 13171a16696538ssimlc 150 13171 ar669d53 I/ 1
DEPARTMENT OF PLANNING AND DEVELOPMENT
CITY OF CHICAGO

July 12, 2017

Scott Williams
CWBChicago

VIA ELECTRONIC MAIL: contactingcwb gmail. com


Dear Mr. Williams:

On behalf of the City of Chicago Department of Planning and Development, I am


responding to your Freedom of Information Act (" FOIA") request(s) dated and received
by our office on July 5, 2017. At this time, I am seeking an extension of five additional
working days to respond to the request for one or more of the following reasons
identified in 5 ILCS 140/ 3( e) of FOIA:

the requested records are stored in whole or in part at other locations than the office
having charge of the requested records;
X) the request requires the collection of a substantial number of specified records;
the request
records
is couched in categorical terns and requires an extensive search for the
responsive to it;

the requested records have not been located in the course of routine search and
additional efforts are being made to locate them;
the requested records require examination and evaluation by personnel having the
necessary competence and discretion to determine if they are exempt from disclosure
under Section 7 of the FOIA or should be revealed only with appropriate deletions;
the request for records cannot be complied with by the public body within the time
limits prescribed by 5 ILCS 140/3( d) without unduly burdening or interfering with the
operations of the public body;
there is need for consultation, which shall be conducted with all practicable speed,
with another public body or among two or more components of a public body having a
substantial interest in the determination or in the subject matter of the request.
Sincerely;

Tony inn """ ver"'


Freedom of Information Officer
City of Chicago Department of Planning and Development
312) 744- 0986

121 NORTH LASALLE STREET, ROOM 1000, CHICAGO. ILLINOIS 60602


1 Of C.YIOq

pq ,: 19lM'PP
FIfO dmR

DEPARTMENT OF PLANNING AND DEVELOPMENT


CITY OP CHICAGO

July 19, 2017

Scott Williams
Crime in Wdgleyville Boystown Chicago

VIA ELECTRONIC MAIL: contactingcwb GQgmail. com


Dear Mr. Williams:

On behalf otthe Department of Planning and Development ( DPD), please be advised we


are in receipt of your Freedom of Information Act (FOIA) request. Your request was dated
and received on July 5, 2013. Specifically, the FOIA states and seeks the following request
for public records:

I am requesting the following documents under the Illinois Freedom of Information Act. The
responsive materials may be sent electronically to this email address:

Copies of proposals received by SSA # 8 and/or sole provider Lakeview East Chamber of
Commerce in response to its security RFPs for 2015 and 2016.

Copies of alt invoices paid in whole or in party with SSA # 8 funds to ' MT Security LLC" in
calendar years 2013, 2014, 2015, 2016, and 2017.

Proof of payments ( canceled checks) issued to A& T Security LLC" by SSA # 8 in calendar
years 2013, 2014, 2015, 2016, and 2017.

Copies of any contracts, letters of understanding, or other agreements or statements of


expectations between SSA # 8 and "A& T Security LLC" in calendar years 2013, 2014, 2015,
2016, and 2017.

All emails between SSA # 8 representatives including staff of the sole provider and "A& T
Security LCC" representatives transmitted during calendar years 2013, 2014, 2015, 2016,
and 2017.

A copy of the following documents that SSA # 8 should have acquired in entering its
agreements for security patrol services with " A& T Security LLC": Illinois Department of
Financial and Professional Regulation -issued Security Contractor Agency License for A&T
Security LLC' Illinois Department of Financial and Professional Regulation -issued Security
Contractor License for agent in charge of' A& T Security LLC" Illinois state business license
for A& T Security LLC Chicago municipal business license for A&T Security LLC."

121, NORTH LASALLE STREET. ROOM 1000, CHICAGO. ILLINOIS 60602


A copy of the the Department of Planning and Development' s approval of SSA # 8's hiring
of A&T Security LLC" as required in section 3.08 Subcontracts and Assignments of the
agreements
Commerce.
between SSA # 8, the City of Chicago, and the Lake View East Chamber of

Names of all representatives at "A& T Security LLC" who represented the company' s
business with SSA # 8 in calendar years 2013, 2014; 2015, 2016, and 2017 and contact
information for those individuals.

Enclosed for your review are electronic copies of : the proposals received by Special
Service Area # 8 for 2014- 2016; proof of payments issued to A&T Security, LLC SSA # 8
from 2013 -present.

Our department is unable to provide emails since Lakeview Chamber of Commerce' s email
system is not part of City of Chicago' s email system.

Regarding copies of required documents that would have been submitted by A&T Security
for their services, A&T acted as unarmed Community Ambassadors. A&T's Certificate of
Good Standing is attached.

Additionally, regarding the approval by the Department of Planning and Development of


SSA #8's hiring of A&T Security as required by section 3. 08 Subcontracts and Agreements,
there were no contacts signed with A&T Security.
Names of allrrepresentatives at A&T Security LLC who represented the company' s business
with SSA # 8 in calendar years 2013- 2017:

Amanda Walsh and Thomas Walsh Jr.,

A &T Security, LLC


420 Clinton Place
River Forest,. IL 60305
708) 655- 9801
attwalshr yahoo. com

Sincerely,

yr

Tony Erwr
Freedom of Information Officer
City of Chicago Department of Planning and Development
312) 744- 0986