JOLIET – Joliet Junior College officials and their attorneys are reviewing a decision from the Illinois Attorney General’s Office that says the college partially violated a Freedom of Information Act request submitted by The Herald-News.

The Herald-News in May requested under the state’s FOIA law a letter JJC Police Chief Pete Comanda sent to the Board of Trustees on July 4, 2013, as well as responses to that letter from past Board Chairman Andrew Mihelich and employees with Robbins Schwartz, the college’s attorneys.

The college denied that request, citing multiple exemptions allowed by the state’s FOIA law, including that the information in the request was preliminary and disclosing it would constitute an unwarranted invasion of privacy.

JJC also cited exemptions that the requested information was not publicly cited by the college, considered privileged attorney-client communication and communication made in anticipation of possible legal action.

After receiving the denial, The Herald-News requested a review from Public Access Counselor at the state’s Attorney General’s Office.

Findings

In a letter dated July 10, the PAC upheld several of the college’s exemptions, ruling neither the letter nor a memorandum prepared by legal counsel regarding an investigation into the concerns outlined in Comanda’s letter had to be disclosed.

But the PAC found certain memoranda was not exempt and not releasing it was a violation of FOIA.

JJC withheld a memoranda (from the board chairman to the police chief and the employee who was the subject of the investigation) that summarized the allegations and investigative findings, as well as stated the board’s conclusions.

JJC argued, in part, that because the investigation determined the allegations were unfounded, disclosure would tarnish the reputation of the unnamed employee who was investigated and be an unwarranted invasion of personal privacy.

The PAC, however, said the investigation concerned the performance of public duties by a public employee, and since the “records directly bear on that employee’s public duties” the disclosure of the records would not constitute an invasion of personal privacy.

JJC also argued the documents were “prepared by the board chair at the direction of the college’s legal counsel in anticipation of possible legal action relative to Chief Comanda’s letter.” The PAC found the memoranda do not indicate they were prepared in anticipation of litigation.

“Moreover, the memoranda were voluntarily disclosed by the chair of the board to the subject of the investigation, and more notably, to the Police Chief whose letter triggered the investigation and who, in likelihood, would be a party to any litigation resulting from the investigation or the underlying allegation,” the letter stated.

The PAC requested the college “remedy the violation” by providing copies of the memoranda; however, the ruling from the Attorney General’s office was not binding.

What’s next

The Herald-News sent the FOIA request after a recommendation was made to the JJC board April 30 to not renew Comanda's employee contract. That meeting was canceled by Mihelich, who said he rescheduled it to give any new board members elected April 7 time to consider information regarding items on the agenda.

The board renewed Comanda's contract June 9. Newly elected board Chairman Jeff May said at that time trustees had to approve it, as Comanda's 2014-15 contract stated the college had to give him 45 days notice of a nonrenewal. That means a decision needed to have been made by May 16.

Comanda said April 30 he believed his contract was considered for nonrenewal because about two years ago he raised concerns to board trustees about JJC President Debra Daniels’ leadership. He has declined to discuss with The Herald-News what those concerns were.

Daniels also has declined to discuss if there have been any issues with Comanda.

May, the board chairman, said Wednesday the decision from the Public Access Counselor is still under review by the college’s attorneys. He said he didn’t know how long the review process would take.

“It’s under review and when we’re finished with that process, we’ll let you know,” he said.

He said he read the letter and had no comment regarding the decision that the college improperly withheld some records.

JJC Spokeswoman Kelly Rohder wrote in an email that because the PAC’s decision is non-binding, college officials are reviewing with legal counsel what future action is appropriate.

“While a number of exemptions we utilized in this case were affirmed by the PAC, our Board of Trustees has not had a chance to consider the rest of this matter and will not have the chance to do so until the next meeting scheduled for July 28,” she wrote.

She also said the college fully supports transparency and will continue to operate openly while “providing a healthy work environment for all of its employees, free from dissection of internal personnel matters, especially when those matters have already been deemed unfounded.”