Dumke v. The City of Chicago
994 N.E.2d 573
Ill. App. Ct.2013Background
- FOIA request to Chicago police seeking final report of 2010 police-ops assessment by A.T. Kearney, Civic Consulting Alliance, and McKinsey; mayor Daley publicly discussed the study in a press conference.
- The city denied disclosure under FOIA section 7(1)(f) as to predecisional records; the Public Access Counselor affirmed the denial.
- Plaintiff sued for declaratory and injunctive relief to compel production of the report; counts I–II resolved, leaving count III at issue.
- Trial court granted the city's summary judgment on count III, holding the mayor could not waive the exemption since the head of the public body was the police superintendent.
- The court reserved ruling on whether mayor’s statements constituted a waiver; this court reverses and holds the mayor waived the exemption by publicly citing and identifying the report.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who qualifies as the head of the public body to waive FOIA 7(1)(f) exemption | Dumke argues mayor can waive | City argues only police superintendent can waive | Mayor can waive 7(1)(f) exemption |
| Whether Mayor Daley publicly citing the report waives the exemption | Daley’s statements satisfy public citation and identification | Statements were not sufficient to identify the report | Waiver established by mayor's public citation and identification |
| Whether in camera review is needed after waiver | In camera review appropriate to determine disclosure scope | No in camera review; scope limited | In camera review not required; entire report should be produced |
Key Cases Cited
- Harwood v. McDonough, 344 Ill. App. 3d 242 (2003) (FOIA 7(1)(f) waiver analysis contrasted with executive summaries)
- Southern Illinoisian v. Illinois Dept. of Public Health, 218 Ill. 2d 390 (2006) (public policy favoring disclosure; evaluation of citation/identification)
- Bowie v. Evanston Community Consolidated School Dist. No. 65, 128 Ill. 2d 373 (1989) (FOIA open records policy; interpretation of exemptions)
- National Labor Relations Board v. Sears, Roebuck & Co., 421 U.S. 132 (1975) (federal deliberative-process privilege context; predecisional material)
- Reynard v. Board of Regents of Regency University System, 292 Ill. App. 3d 968 (1997) (public body; subsidiary public body treated for FOIA purposes)