Shaw Local

News   •   Sports   •   Obituaries   •   eNewspaper   •   Everyday Heroes   •   The Scene   •   175 Years
Local News

Greenwood Township trustee files suit related to accessing McHenry County employee key fob data

Editor's note: This article has been updated to clarify that Kevin Craver previously was employed as part of McHenry County Board Chairman Jack Frank's departmental roster, but he now reports to county administration.

A Greenwood Township trustee has filed a lawsuit accusing county officials of improperly denying her records request for seeking details about employees' badge fobs.

Chicago attorney Joshua Burday filed the civil complaint on behalf of Kelly Liebmann on April 27. According to the lawsuit, Liebmann's Jan. 17 request sought records related to the key fob badges belonging to a pair of county employees. Liebmann, who serves as a Greenwood Township trustee, also is striving for a spot on the November ballot as the libertarian candidate for McHenry County coroner.

Representatives from the McHenry County State's Attorney's Office said they can't be sure it was Liebmann who filed the original records request, though. The requester, seeking electronic entrance cards for Kevin Craver and Bridget Geenen," identified themselves only as "Reality Check," according to the state's filed response.

"The law doesn’t have to say we file it via our name, not to mention the county can limit the amount of FOIAs a person can make," Liebmann said Thursday.

Both Geenen and Craver are county employees previously hired by McHenry County Board Chairman Jack Franks. Geenen – Franks’ assistant – also worked with Franks when he was a state representative. Craver serves in the role of communications specialist and previously worked as a Northwest Herald reporter for 17 years before taking the county job. Although he previously was part of Frank's departmental roster, he now reports to county administration.

After requesting a five-day extension to respond to Liebmann, Franks denied the request in its entirety on Feb. 3. Franks claimed in his denial letter that the records were exempt because they would "endanger the life or safety of law enforcement personnel or any other person."

Now Liebmann is accusing the county of performing an inadequate search for the requested records and willfully violating the Freedom of Information Act.

"I was looking for the time clock entries in and out of the county building to see if his two employees are actually at the building doing work," Liebmann said.

Reached by phone Thursday, Franks directed questions to the McHenry County State's Attorney's Office, which represents the county on the matter.

Generally speaking, the information gleaned from employee's electronic badges might provide details about who has entered a county building through which door at a specific time, McHenry County State's Attorney Patrick Kenneally said. Badge data isn't likely a reliable tool to track employees' hours, he added.

The case will resume in McHenry County court on July 27.

Liebmann also filed a separate lawsuit against the McHenry County Board as well as the Liquor, Transportation, Public Health, Planning and Development, and Administrative Services Committees. In the complaint, also filed by Burday, Liebmann accused the county board and committees of violating the Open Meetings Act following by allowing public comment through email only during virtual meetings in light of the governor's stay-at-home order.

Liebmann also alleged the agenda for an April 21 county board meeting didn't include instructions for submitting public comment. According to meeting minutes, Liebmann was one of four people who provided comment at the April 21 meeting, where she encouraged the board to "work to create a plan for reopening McHenry County and Illinois."

Although the public comments were entered into the minutes, they weren't read aloud during the meeting, Liebmann said.

“Meetings should be open to the public and public comments should be allowed and disseminated before the county board votes on an issue," Liebmann said. "100 percent.”

According to Gov. JB Pritzker's April 1 executive order, public bodies should postpone consideration of public business when possible. When a meeting is necessary, the public should have access through video, audio or telephone, according to the order.

Franks, who said he hadn't been served with the lawsuit as of Thursday evening, called the allegations "another frivolous nuisance suit by an extremist with nothing better to do."

On April 22, Kirk Allen of Edgar County Watchdogs submitted a request for review to the Illinois Attorney General's Public Access Bureau, alleging that the McHenry County Board violated OMA by holding the April 21 emergency meeting.

The bureau issued its decision Monday, finding there was no OMA violation.

"We will win this one as we have with every other. We have no concerns whatsoever, and we will seek sanctions if applicable," Franks said.

Katie Smith

Katie Smith

Katie reported on the crime and courts beat for the Northwest Herald from 2017 through 2021. She began her career with Shaw Media in 2015 at the Daily Chronicle in DeKalb, where she reported on the courts, city council, the local school board, and business.