Geneva D-304 says it won’t release $35K report on harassment allegations, Illinois AG wants a look

GENEVA —The Illinois Attorney General’s office wants to review a law firm’s report Geneva District 304 commissioned to look into allegations of workplace harassment by a high-ranking official before deciding whether it should be made public.

The move is in response to the Kane County Chronicle’s appeal over the district’s recent denial of a Freedom of Information Act request seeking the report. The district paid more than $35,000 to Drendel & Jansons Law Group in May to investigate workplace harassment allegations against Facilities Operations Director Scott Ney as detailed in a story the newspaper published in April.

In a Dec. 2 letter to Superintendent Kent Mutchler, the Public Access Counselor for the Attorney General’s Office stated, “This office has determined that further action is warranted.”

The letter also asks for “a detailed explanation of the legal and factual bases for the asserted exemptions” and that the district has seven working days in which to respond.

“In your response, please identify the exemption or exemptions applicable to any portion of the record that the District withheld,” according to the letter.

Such PAC reviews are not uncommon in appeals of FOIA denials.

In its request for review, the Chronicle stated that there is an overriding public interest to know the results of the Drendel & Jansons Law Group report.

Records show the law firm was paid $35,262 for its probe and final report.

In its FOIA denial, the district cited exemptions of “preliminary drafts, notes, recommendations, memoranda and other records in which opinions are expressed,” and that releasing the report would constitute an unwarranted invasion of personal privacy.

“Upon receipt of the requested document, no discipline has been imposed. Therefore, the requested document is exempt,” the denial stated.

According to the Freedom of Information Act, public bodies can only release documents that exist. So if a document does not exist, there is nothing to release. The law allows for some exemptions, in which public bodies are allowed to withhold certain documents from the public.