From the Daily Southtown:

Judge sets hearing in FOIA suit against Harvey

November 14, 2006
By Lauren FitzPatrick Staff writer

A Cook County judge set a December hearing Monday in the Daily Southtown's lawsuit against Harvey in which the paper accuses the city of refusing to hand over public documents.

Judge Sophia H. Hall will hear arguments Dec. 19 alleging violations of the Freedom of Information Act. She also could issue a ruling on the newspaper's motion to immediately get its hands on public records about Harvey that so far have been denied.

Glenn A. Rice, an attorney for Midwest Suburban Publishing, asked the judge for expedited judicial review for the records' request as early as January. The Southtown has asked for the information from Harvey repeatedly throughout 2006.

Allison Smith, an attorney for Harvey, told Hall she will file a written reply to the newspaper's request in two weeks.

At the center of the newspaper's lawsuit is a batch of settlement agreements from 10 federal civil rights lawsuits against the city. The Southtown also has asked for copies of the city budget under Mayor Eric Kellogg's administration, as well as payroll and vendor records.

Under Illinois FOIA laws, public bodies have seven days to comply with a written request by turning over documents or asking for more time to compile records. They may also refuse to release certain papers -- or redact certain pieces of information -- if they cite one of the specific exemptions permitted under the law.

To date, the city has handed over only partial vendor records and none of the settlements.

Since early 2006, the Southtown has kept an eye on Harvey and investigated police ineptitude and misconduct, and political corruption, pointing out, among other issues, problematic police officers who still collect a city paycheck.