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OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

Lisa Madigan
ATTORNEY GENERAL

August 22, 2017

Via electronic mail


Mr. Scott Williams
Editor, CWBChicago. com
contactingcwb@gmail. com

RE: FOIA Request for Review 2017 PAC 48909

Dear Mr. Williams:

The Public Access Bureau has received the attached response letter to your
Request for Review from the City of Chicago Department of Planning and Development. You
may, but are not required to, reply in writing to the public body' s response. If you choose to
reply, you must submit your reply to this office within 7 working days of your receipt of this
letter. 5 ILCS 140/ 9. 5( d) ( West 2016). Please send a copy of your reply to Mr. Binns as well.

Please contact me at ( 217) 782- 9078 if you have any questions or would like to
discuss this matter. Thank you.

Very truly yours,

NEIL P. OLSON

Deputy Public Access Counselor


Assistant Attorney General, Public Access Bureau

Attachment

cc: Via electronic mail

Mr. Tony Binns


Freedom of Information Officer

City of Chicago Department of


Planning and Development
121 North LaSalle Street, Room 1000
Chicago, Illinois 60602

DPDFOIA@cityofchicago. org

500 South Second Street, Springfield, Illinois 62706 ( 217) 782- 1090 TTY: ( 217) 785 - 2771 Fax: ( 217) 782- 7046
100 West Randolph Street, Chicago, Illinois, 60601 ( 312) 814- 3000 TTY: ( 312) 814- 3374 Fax: ( 312) 814- 3806
1001 East Main, Carbondale, Illinois 62901 ( 618) 529- 6400 TTY: ( 618) 529- 6403 Fax: ( 618) 529- 6416
DEPARTMENT OF PLANNING AND DEVELOPMENT

CITY OF CHICAGO

August 17, 2017

Neill Olson
Deputy Public Assess Counselor
500 South Second Street
Springfield, Illinois 62706

RE: Request for Review - 2017 PAC 48909

Dear Mr. Olson:

This letter is in response to your Request for Review letter dated August 1, 2017, to the City of
Chicago Department of Planning and Development (" DPD") regarding the Freedom of
Information Act ( FOIA) request submitted by Mr. Scott Williams.

PROCEDURAL BACKGROUND

In Mr. Williams' July 5, 2017 request, he sought the following:

I am requesting the following documents under the Illinois Freedom of Information Act. The
responsive materials may be sent electronically to this email address:

Copies of proposals received by SSA # 8 and/or sole provider Lakeview East Chamber of
Commerce in response to its security RFPs for 2015 and 2016.

Copies of all invoices paid in whole or in party with SSA # 8 funds to " A& T Security LLC" in
calendar years 2013, 2014, 2015, 2016, and 2017.

Proof of payments ( canceled checks) issued to " A& T Security LLC" by SSA # 8 in calendar
years 2013, 2014, 2015, 2016, and 2017.

Copies of any contracts, letters of understanding, or other agreements or statements of


expectations between SSA # 8 and "A& T Security LLC" in calendar years 2013, 2014, 2015,
2016, and 2017.

All emails between SSA # 8 representatives including staff of the sole provider and "A& T
Security LLC" representatives transmitted during calendar years 2013, 2014, 2015, 2016, and
2017.

121 NORTH LASALLE STREET, ROOM 1000, CHICAGO, ILLINOIS 60602


A copy of the following documents that SSA # 8 should have acquired in entering its
agreements for security patrol services with " A& T Security LLC" Illinois Department of Financial
and Professional Regulation - issued Security Contractor Agency License for "A& T Security LLC';
Illinois Department of Financial and Professional Regulation - issued Security Contractor License
for agent in charge of "A& T Security LLC'; Illinois state business license for "A& T Security LLC';
Chicago municipal business license for 'A& T Security LLC."

A copy of the Department of Planning and Development' s approval of SSA # 8's hiring of "A& T
Security LLC" as required in section 3.08 Subcontracts and Assignments of the agreements
between SSA # 8, the City of Chicago, and the Lake View East Chamber of Commerce,

Names of all representatives at "A& T Security LLC" who represented the company' s business
with SSA # 8 in calendar years 2013, 2014, 2015, 2016, and 2017 and contact information for
those individuals.

In the response letter, dated July 19, 2017, I provided Mr. Williams with the responsive records
the Service Provider, Lakeview East Chamber of Commerce, provided our department.

In your Request for Review letter, you stated, " please provide our office with a detailed
description of the handling of Mr. Williams' request and the measures taken by the Department
to search for records responsive to each part of the request quoted above, including a
description of the specific bookkeeping systems that were searched, the method of that search,
and the specific individuals who were consulted. With respect to the request for e- mail
communications, please also specifically address the applicability of section 7( 2) of FOIA
5ILCS 140/ 7( 2) ( West 2016)), which provides that " A public record that is not in the possession
of a public body but is in the possession of a party with whom the agency has contracted to
perform a governmental function on behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this Act, shall be considered a public
record of the public body, for purposes of this Act."

ANALYSIS

DPD' S SEARCH FOR RESPONSIVE RECORDS

n response to your request to address Section 7( 2)' s applicability for this FOIA and specifically
regarding emails, DPD interpreted Section 7( 2) to require DPD to obtain responsive records
from the Service Provider in this case. In order to comply with Section 7( 2), as the FOIA Officer,
took the following steps. First, I determined who in the Department would know about these
records. Based on my experience in DPD, I knew to contact Mark Roschen. Mark Roschen is an
Assistant Commissioner in DPD who is my department point of contact for any Special Service
Area requests. After discussing this request with Mark, he was able to determine that DPD did
not have the requested records in its physical possession, but that he could contact the
Executive Director of the Lakeview East Chamber, Maureen Martino, to determine what records
we could provide in response to this FOIA. Therefore, Mr. Roschen provided the request to Ms.
Martino and she responded with the proposal, invoices, " Letter of Good Standing for A&T
Security, and the names of the representatives for A& T Security.
DPD contacted the appropriate individuals to obtain responsive records to this request and
provided Mr. Williams with the responsive records. Specifically, Ms. Martino provided
responsive records and also provided an explanation as to why there are no responsive records
in response to certain aspects of Mr. Williams' request as explained in detail below.

DPD' S PRODUCTION OF RECORDS

In addition to its previous production, DPD located the A& T Security Proposal and the checks
and invoices related to HLSA for 2017 which it sent to Mr. Williams on August 17, 2017, which is
attached as Exhibit 1. Moreover, at this time, DPD is providing a more detailed explanation to
each section of Mr. Williams' s FOIA request.

The first item of Mr. Williams' request sought:

Copies of proposals received by SSA # 8 and/or sole provider Lakeview East Chamber
of Commerce in response to its security RFPs for 2015 and 2016.

In response DPD has no responsive records because there were no SSA# 8 RFPs for security
contracts in 2015 or 2016. Ms. Martino explained that there were no security contracts awarded
n 2015 and 2016. During this time, unarmed Community Ambassadors were used rather than a
full Security Program

At this time, as a courtesy, DPD is providing the A& T Security proposal from 2014 attached as
Exhibit A. DPD previously provided a copy of the HLSA Security proposal for 2017 attached as
Exhibit B.

The second item of Mr. Williams' request sought:

Copies of all invoices paid in whole or in part with SSA # 8 funds to " AST Security LLC"
n calendar years 2013, 2014, 2015, 2016, and 2017.

A& T did not provide services in the years 2013 and 2014. Therefore, DPD has no responsive
records for those years. For the years 2015 and 2016, I am providing copies of invoices for A&T
Security for 2015 as Exhibit C and invoices for 2016 as Exhibit D. A&T is not the service
provider for 2017. DPD is providing a copy of invoices to HLSA for the year 2017 attached as
Exhibit E.

Proof of payments ( canceled checks) issued to " A& T Security LLC" by SSA # 8 in
calendar years 2013, 2014, 2015, 2016, and 2017.

A& T did not provide services in 2013 and 2014. Therefore, DPD does not have responsive
cancelled checks for those years. I am providing copies of canceled checks for 2015- 2016 as
Exhibit F. HSLA is the provider of security services for SSA # 8 for 2017. I am providing the
canceled checks for their services as Exhibit G.
Copies of any contracts, letters of understanding, or other agreements or statements of
expectations between SSA # 8 and " A& T Security LLC" in calendar years 2013, 2014,
2015, 2016, and 2017.

The Lakeview East Chamber of Commerce did not possess records relating to contracts, letters
of understanding, or other agreements or statements of expectations between SSA # 8 and A& T
Security or any other security vendor for the years 2013, 2014, 2015 and 2016 as there were no
contracts and A&T were hired as Community Ambassadors on an " as needed" basis.

For 2017, please see the agreement with HLSA attached as Exhibit B.

All emails between SSA # 8 representatives including staff of the sole provider and " A& T
Security LLC" representatives transmitted during calendar years 2013, 2014, 2015, 2016,
and 2017.

The City of Chicago does not have direct access to the email system used by SSA # 8
representatives. Therefore, pursuant to the FOIA request, DPD sought any responsive records
from Ms. Martino. After making this request, Ms. Martino explained she was the point of contact
with A& T and that the only emails were invoices to the bookkeeper attached as Exhibit G. In
addition, after receiving this request for review, we asked Ms. Martino about the emails, and she
again confirmed there were no other emails.

A copy of the following documents that SSA # 8 should have acquired in entering its
agreements for security patrol services with " A& T Security LLC": Illinois Department of
Financial and Professional Regulation -issued Security Contractor Agency License for
4& T Security LLC"; Illinois Department of Financial and Professional Regulation - issued
Security Contractor License for agent in charge of "A& T Security LLC"; Illinois state
business license for "A& T Security LLC"; Chicago municipal business license for "A& T
Security LLC."

The SSA did not contract with A&T Security for armed officers. Instead, they acted as
Community Ambassadors that were unarmed. Therefore, there are no responsive documents
pursuant to this request, as they were not required for the scope of services provided by the
company. Nevertheless, please see attached A& T' s Certificate of Good Standing attached as
Exhibit H.

A copy of the Department of Planning and Development' s approval of SSA # 8's hiring of
A& T Security LLC" as required in section 3. 08 Subcontracts and Assignments of the
agreements between SSA # 8, the City of Chicago, and the Lake View East Chamber of
Commerce.

DPD reserves the option to approve or deny a subcontract with a SSA security subcontractor,
according to City policies referenced. DPD is not required to exercise this option. Note, A& T
Security services were provided on an hourly basis without a formal contract. Therefore, DPD
has no responsive records to this portion.

Names of all representatives at " A& T Security LLC" who represented the company' s
business with SSA # 8 in calendar years 2013, 2014, 2015, 2016, and 2017 and contact
information for those individuals.
DPD previously provide the names and contact information Amanda Walsh and Thomas Walsh
Jr.,

A&T Security LLC


420 Clinton PI
River Forest, IL 60305
708) 655- 9801 attwalsh@yahoo. com

CONCLUSION

Because DPD contacted the appropriate individuals to obtain responsive records in response to
this FOIA and provided the responsive records to Mr. Williams, DPD requests that the PAC find
that it is in compliance with FOIA.

Respectfully,

Tony Bi .>
Ton
Freedom of Information Officer
City of Chicago Department of Planning and Development
312) 744- 0986