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Wednesday, June 5, 2019

Police Scheduling Calendar Subject to FOIA


The PAC issued its fifth binding opinion in 2019 last week in PAC Op. 19-005. In this opinion, the PAC found the Chicago Police Department in violation of FOIA for denying a request for release of "extradition calendars." 

CPD personnel who work in the field services section on prisoner extradition matters put together a working schedule calendar containing various assignments to assist the officers and their supervisors in keeping track of court dates and related activities in the department. In response to a FOIA request for a copy of the calendar, the CPD denied the request, citing 7(1)(f), which exempts draft or predecisional documents from release.  The CPD argued that the calendar was created by the officers, not the CPD itself, and that the calendar was constantly updated based on evolving schedules. The requester filed an appeal with the PAC, which rejected the CPD's basis for denial, finding the extradition calendar to be releasable under FOIA. Specifically, the PAC stated that because the calendar was purely factual in nature, it did not fall under the "deliberative process" exemption under 7(1)(f).

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