Chicago School System On FOIA Requests: Stonewalling, Obfuscation, & Paper-Shredding

from the now-you-see-it,-now-you-don't dept

Thu, May 23rd 2013 10:01am — Timothy Geigner

If you're a government with something to hide, there are plenty of shady ways to handle Freedom of Information Act requests. You can make sure your organization is legally allowed to carry guns and simply refuse, like the NYPD. You can also make a big deal about how requests are only honored for in-state residents, as if that were the spirit of the legislation. Or, if you're as big as the federal government, you can play a sort of bureaucratic hackey-sack game with the request for years before releasing the most non-useful information possible. The problem with all of these methods, however, is that they make those using them look petty, but they don't really cement their position in the corrupt jackasses category that I believe all government agencies secretly want to obtain.

Which is why we'll go to the Chicago city government, since they're the obvious experts in the matter. Here, Rahm Emanuel's administration has taken responding to FOIA requests to a whole new level, not only providing nothing in response to such requests, but then answering questions from the Attorney General with non-responses indicating they might just have proactively destroyed the documents being requested. This story begins with our vaunted public school system, the CPS. Glenn Krell wanted to get his hands on what research had been done when CPS put in a longer school day without bothering to give schools any resources to actually do anything with the extra time.

Krell figured CPS had done research on the longer school day because, like every parent in the system, he'd received a letter from Jean-Claude Brizard, then the CEO, claiming that "our elementary school students are receiving 22 percent less instruction time than their peers across the country." So he sent CPS a FOIA request asking for "the reports, statistics, comprehensive city-by-city analysis and other documents that back up the statement by Mr. Brizard."

CPS responded that "the district does not maintain any documents responsive to your request."

Got that? CPS cites a statistic justifying the longer school day, Krell asks for the basis of that statistic, and CPS says there is no document for that. In internet terms, Krell asked for a citation and CPS was unable to provide one. In addition, Krell asked for information on how the city decided to achieve what it calls "selective enforcement tiers", by which high-performing schools are made available to lower-income families as a method for integration. This was another matter about which CPS had indicated its offices were just overflowing with research.

He knew CPS had lots of information on this matter because he'd read about it in the Tribune. In that article, CPS officials boasted about how they'd left no stone unturned in their effort to make the selection process as fair and objective as possible. They said the process considers data such as home-ownership rates in the students' census tracts and the share of homes where English isn't the primary language.

The response to that request? CPS claimed there too it had no documents to turn over. But why? Had Brizard and CPS simply made the statistics and research claims up? To find out, Krell appealed to AG Lisa Madigan, which is exactly what the law indicates you're supposed to do if you get a fishy response to a FOIA request. Madigan's office dutifully asked CPS if such documents had never existed, or if they'd simply been destroyed. CPS responded that they had never maintained those records and they do not exist. The result of that non-answer was for Madigan's office to declare the matter closed.

And that's a problem, because CPS didn't actually answer the AG's question. They do not answer whether or not the documents ever existed at all, only that they never maintained them and they don't exist currently. One way to achieve that answer is for the research to never have actually been done, which would make CPS liars on multiple items it had addressed to parents and the press. Another way is for those documents to have been proactively destroyed instead of maintained, quite possibly so that they'd never have to be revealed for a FOIA request. Either way, that's crappy government. Add to that Madigan's shirking of her responsibility and it's difficult to take Emmanuel seriously when he claims his administration is "the most open, accountable, and transparent government Chicago has ever seen."

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Filed Under: chicago, foia, schools

23 Comments

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crade (profile), 23 May 2013 @ 10:11am

They probably did research, made a decision and closed their browser window. Thats what I would do.
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ChurchHatesTucker (profile), 23 May 2013 @ 10:21am

Lowered expectations
...it's difficult to take Emmanuel seriously when he claims his administration is "the most open, accountable, and transparent government Chicago has ever seen."

Not exactly a high bar, though.
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Anonymous Coward, 23 May 2013 @ 10:29am

...it's difficult to take Emmanuel seriously when he claims his administration is "the most open, accountable, and transparent government Chicago has ever seen."

This is still entirely possible.
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Atkray (profile), 23 May 2013 @ 10:30am

It must be the food
I'm going to have to bite the bullet and travel to Chicago for some pizza and a few hot dogs.

They must be awesome for people to put up with this nonsense.
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Anonymous Coward, 23 May 2013 @ 10:31am

The concept of FOIA requests is a joke without having consequences for non-compliant governments.
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RyanNerd (profile), 23 May 2013 @ 10:34am

Shultz of Hogan's Heros
Sounds like Emmanuel should instead be quoting Shultz:
"I know nothing! I see nothing!!"
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jilocasin (profile), 23 May 2013 @ 10:43am

Gov. speak
As we should be well aware of since the Obama administration;

"the most open, accountable, and transparent government" is actually Gov. speak for the most closed, unaccountable and opaque government ever.

Any time you hear a government agency utter those words, pack a lunch and prepare for an Everest sized attempt at finding out what's _really_ going on.
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Anonymous Coward, 23 May 2013 @ 10:48am

Re: Gov. speak
Only thing that ever changes in the peanut gallery is the name of the current administration when they like to talk about how evil things are now the guy they didn't want got voted in.
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RyanNerd (profile), 23 May 2013 @ 11:06am

Re: Re: Gov. speak
I don't like Bush or any other peanut gallery. But with crap like:

- Bengazi cover up
- IRS focusing on and bullying conservitive groups.
- The AP phone records being violated

Am I the only one that thinks that Obama is looking more and more like a black Nixon?
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Chuck Norris' Enemy (deceased) (profile), 23 May 2013 @ 11:07am

Re:
Before, if you requested info, we ignored you. Now, if you request info, we'll tell you to fuck off.
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Anonymous Coward, 23 May 2013 @ 11:13am

Information
An informed populace is an empowered populace. Restricting the flow of information is the obvious response to this by government officials whose citizens might opt to replace them one way or the other. The Internet is making it harder for governments to get away with it unnoticed, but they still get away with it.

There need to be serious penalties for non-responsive FOIA replies. The only exception should be national security, and then only if legitimately invoked.
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Anonymous Coward, 23 May 2013 @ 11:23am

'Add to that Madigan's shirking of her responsibility and it's difficult to take Emmanuel seriously when he claims his administration is "the most open, accountable, and transparent government Chicago has ever seen."'

This is actually still true though. Chicago is a complete shithole when it comes to local politics. Emmanuel is terrible but he's slightly less terrible than the rest of Chicago's long and storied history of terrible politicians.

Slightly.

Interestingly his main opponent when he got elected was apparently going for the "I'm legitimately mentally unbalanced and shout things without thinking about them" Howard Dean-style campaign, so Emmanuel was able to waltz through the election just by wearing snazzy suits and looking bemused all the time.
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Anonymous Coward, 23 May 2013 @ 11:48am

Re: Re: Re: Gov. speak
Hey, come on!

Nixon was very plainly a bastard and a villainous President.

But at least he got things done. Better than the shower currently in the Houses.
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Anonymous Coward, 23 May 2013 @ 12:05pm

Re:
This is the "Chicago Way", just like the Obama Admin, they do what ever they want and threaten/attack those that question their actions.

Scum bags!

If You're Going To Illegally Seize Citizens' Cell Phones, At Least Make Sure You're Grabbing The Right Ones
http://www.techdirt.com/articles/20130519/19190923142/if-youre-going-to-illegally-seize-citize ns-cell-phones-least-make-sure-youre-grabbing-right-ones.shtml

IL Follows Suit: Employers Right To Ask For Social Media Passwords Codified Into Law
http://www.techdirt.com/articles/20130423/06214822806/il-follows-suit-employers-right-to-ask-so cial-media-passwords-codified-into-law.shtml

Illinois Bill To Outlaw Online Anonymity Dropped Because People Got Pissed Off, Not Because It's Unconstitutional
http://www.techdirt.com/articles/20130222/18003222079/illinois-bill-to-outlaw-onli ne-anonymity-dropped-because-people-got-pissed-off-not-because-its-unconstitutional.shtml

DOJ And Dept. Of Education To Colleges: Start Restricting Free Speech On Campus Or Kiss Your Federal Funding Goodbye
http://www.techdirt.com/articles/20130517/18345423136/doj-dept-education-to-colleges-start- restricting-free-speech-campus-kiss-your-federal-funding-goodbye.shtml

Supreme Court Rejects Appeal Over Law Banning Recording The Police
http://www.techdirt.com/articles/20121126/14083621150/supreme-court-rejects-appeal-over-law- banning-recording-police.shtml

Seventh Circuit Court: Chicago Cops Can't Use 'Annoyance' As Reason To Stifle Free Speech
http://www.techdirt.com/articles/20120912/20384720366/seventh-circuit-court-chicago-cops-can t-use-annoyance-as-reason-to-stifle-free-speech.shtml
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Anonymous Coward, 23 May 2013 @ 12:09pm

Re: Re: Re: Re: Gov. speak
I would like to know who "The Decider" is in the WH right now?

The all have their heads up each others ass and keep calling people to complain how dark it is...losers.
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radarmonkey (profile), 23 May 2013 @ 1:33pm

Civics Lesson
Every student in the Chicago Public School system needs to be shown this article. Then the next time a teacher tells them to "show their work" after writing just an answer for a test, the student can point to the article and say "You first!"
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Anonymous Coward, 23 May 2013 @ 1:53pm

when there is something to hide, the most ridiculous reasons and excuses are used to stop information from being shared. this definitely seems like a clear case of that here. as for Rahm Emanuel and Lisa Madigan, i would suggest the best course of action, when voting time comes around, is to vote for others. neither of them seem to be doing their job but are having a good try at being as obstructive as possible. perhaps being out of a job might make them realise that they were supposed to be representing the interests of the people?
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Anonymous Coward, 23 May 2013 @ 2:37pm

Re: Lowered expectations
Agreed. Heck, he probably *is* the most transparent mayor Chicago's ever seen.

As if that meant anything.
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Anonymous Coward, 23 May 2013 @ 2:57pm

Lefty Blows Himself
Tweet from Brad Woodhouse:

So the @GOP has FOIAed the IRS. How original. And political. So much for a bipartisan inquiry. Typical #GOPOverreach
Brad Woodhouse (@woodhouseb) May 22, 2013

Reeee,eeee,eeeeTard!
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Bergman (profile), 23 May 2013 @ 6:41pm

Re: Re: Lowered expectations
Yeah, given Chicago's reputation, he could well be.
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Anonymous Coward, 23 May 2013 @ 10:57pm

Re: Re: Re: Gov. speak
"Bengazi cover up"--9/11 cover up
"IRS focusing on and bullying conservitive (sic) groups"--IRS focusing on and bullying liberal groups in 2006-07.
"AP phone records being violated"--Various Patriot Act-base actions 2001-2007

For everything Repubs claim Obama's done (and haven't proven), Bush did on a bigger scale.
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davnel, 24 May 2013 @ 1:31am

Two subject areas I never enter into: Politics and Religion. I suggest the rest of you follow suit. Both are deadly.
.
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Anonymous Coward, 24 May 2013 @ 9:45am

Re: Re: Re: Re: Gov. speak
Of course, no proof provided regarding accusation...duh...
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