September 14, 2011 Via Electronic Mail Only David Giuliani, Reporter Sauk Valley Newspaper 3200 East

Lincolnway Sterling, IL 60181 dgiuliani7@gmail.com RE: RESPONSE TO FOIA REQUEST

Dear Mr. Giuliani: Thank you for writing to Rock Falls Township High School District 301 with your request for information pursuant to the Illinois Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq), which you submitted via electronic mail on August 30, 2011, and which was received by the District on the same date. According to your request, you are seeking the following information: all legal bills related to the Rock Falls High School district's efforts in dealing with Sauk Valley Media's request to get information regarding coach A.J. Buser. As you know, the District previously notified you of the need for a 5-day extension to September 14, 2011. The District now provides its timely response to your request. Your request is granted in part and denied in part as follows. Enclosed are redacted copies of all responsive attorney invoices in the Districts possession as of the date of your request. To assist you in identifying the requested information, we removed completely any entries within the invoices that are wholly unrelated to the subject(s) of your request, leaving only the responsive time entries with the specific redactions explained below. Some of the responsive time entries also contain references to matters in addition to the matters identified in your request, but they could not be further broken down.

Mr. David Giuliani Page 2 September 14, 2011 The District is denying your request for the redacted portions of the detailed attorney time narratives, which are protected by the attorney-client privilege. FOIA Section 7(1)(m) exempts communications between a public body and an attorney representing the public body that would not be subject to discovery in litigation (5 ILCS 140/7(m)). Illinois courts have recognized that attorney billing records contain explanations for legal fees that indicate the type of work done and matters discussed between the attorney and client that are protected by the attorney-client privilege. People ex rel. Ulrich v. Stukel, 294 Ill. App. 3d 193, 201 (1st Dist. 1997) (citing to Matter of Witnesses Before the Special March 1980 Grand Jury, 729 F.2d 489, 495 (7th Cir. 1984) (privilege covers attorney bills, ledgers, statements, time records and the like which also reveal the nature of the services provided)). Here, the blacked-out portions within the detailed attorney time entries reflect attorney-client privileged communications that would not be subject to discovery in litigation. In addition, many of the redactions are also supported by other exemptions, including, but not limited to, FOIA Sections 7(1)(f), 7(1)(n), and 7.5(q). Finally, please be aware that some of the material within these legal bills is specifically prohibited by law from disclosure, including, but not limited to, the Illinois School Student Records Act. It is our understanding that the Public Access Counselors Office has approved redactions similar to those made by the District here (and, in fact, has approved even more redactions, including the names and titles of all District employees who spoke to the attorneys on each occasion). In the interests of transparency, however, the District has chosen to release the names and titles of all District employees who consulted with the attorneys on each occasion and has otherwise released as much of the legal bills as possible consistent with the preservation of the attorneyclient privilege in any future litigation involving the District or any future FOIA requests for the same bills. As you know, you have a right to have the 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)). You can file your Request for Review with the PAC by writing to: Public Access Counselor Office of the Attorney General 500 South 2nd Street Springfield, IL 62706 Fax: 217-782-1396 E-mail: publicaccess@atg.state.il.us You also have the right to seek judicial review of your denial by filing a lawsuit in the Circuit Court of Whiteside County (5 ILCS 140/11).

Mr. David Giuliani Page 3 September 14, 2011 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 denial letter (5 ILCS 140/9.5(a)). Please note that you must include a copy of your original FOIA request and this denial letter when filing a Request for Review with the PAC. As the Districts FOIA Officer, I am responsible for the Districts response to your request. If I have misunderstood your request in any way, please clarify your request in writing to me. Sincerely,

Dr. Jane Eichman, Superintendent, FOIA Officer Rock Falls Township High School District 301 Enclosures cc: Merle Gaulrapp, Board President