On September 2nd, 2020 the Illinois Attorney General released a determination letter indicating that the City of Urbana was in violation of the Freedom of Information Act (FOIA). The City attempted to charge a requester $128.35 on a single FOIA request whereas the FOIA law only permits the City to charge for storage media, which the City priced at only $8.73. The City also denied a portion of the request asking for police body camera video, but that denial was also deemed a FOIA violation.
According to the Public Access Counselor (PAC), the remaining $119.62 in fees violated the FOIA law. Curt Borman, the new FOIA Officer for the City of Urbana (assigned by Mayor Marlin), was responsible for issuing the fees and denials. Borman, a retired police officer, also serves as an assistant city attorney for Urbana.
The FOIA request, which I submitted myself on May 14th, 2020, has still not been filled more than four months after submission, despite my having paid the fees. I even paid $5.00 more than what the PAC indicated was legal, since Borman still insisted on charging for a car accident report.
On July 10th, Mayor Marlin announced in a memo that she was in favor of the illegal FOIA fees, and at the Urbana City Council meeting on July 13th, the Urbana Police Department gave a presentation on retention and access to police body camera video. On July 20th, City Attorney James Simon gave a presentation defending the City’s new fee structure and their liberal application of FOIA exemptions. UPD and city staff claimed everything they were doing complied with the FOIA law.
The determination by the Illinois Attorney General puts the Urbana Police Department, James Simon, Curt Borman, and Diane Marlin squarely in the wrong.
I have personally spoken about the City of Urbana violating the FOIA law more than half a dozen times at City Council meetings, and have written many more emails to the Council. On September 3rd, the day after the PAC’s determination that Urbana was in violation, Council Member Dennis Roberts responded to my claims of FOIA violations with a short email:
“Curt Borman is the city attorney who has been the point person responding to all inquiries regarding contested FOIA requests. I have read several of his replies to individuals. He has carefully detailed the city’s position based entirely on Federal and State statute. I find them completely understandable and appropriate.”
This blind attitude of “hear and accept” seems to be the posture of most of the Urbana City Council members. I wonder what it will take to shake the Urbana City Council loose from its slumber. The city legal staff seem to have all of the council members (with the notable exception of Jared Miller) in a state of hypnotism, accepting whatever nonsensical legalese they put forth.
-Christopher Hansen, Urbana
The following documents support the claims I’ve made above:
Urbana FOIA Request Submitted 2020-05-14 (Labeled 2020-F-269) Urbana Response to FOIA Request 2020-F-269 Urbana FOIA Appeal on 2020-F-269 (PAC 63412) Urbana FOIA Appeal on 2020-F-269 (PAC 63412) Curt Borman Response Urbana FOIA Appeal on 2020-F-269 (PAC 63412) Hansen Response Urbana FOIA Appeal on 2020-F-269 (PAC 63412) Determination of Violation Urbana Supplemental Response to FOIA Request 2020-F-269 (After Appeal)
Here is a video of Urbana Mayor Diane Marlin advocating for the illegal FOIA fees: