FORMAL NOTICE OF BREACH OF FOX-1/FOX-2 SETTLEMENT AGREEMENT
BOARD ACTION REQUIRED
To: Orland Park Public Library Board
From: Story Time Digital Media
Re: FOIA Request #OrlandPK15
Remedy Sought: Produce all documents asked for in FOIA Request #OrlandPK15 without further delay, as detailed below.
Megan Fox and Kevin DuJan now petition the Orland Park Public Library Board of Trustees (OPPL-BoT) to intervene and compel production of all documents asked for in FOIA Request #OrlandPK15.
On 7/13/15 and 7/14/15, Robin Wagner (primary FOIA officer for the OPPL) refused production of documents that the OPPL has in its possession and could easily produce today if the OPPL chose to comply with the terms of the Fox-1/Fox-2 settlement agreement and the provisions of the Illinois Freedom of Information Act. We ask that the OPPL-BoT direct Robin Wagner and Scott Remmenga (secondary FOIA officer for the OPPL) to produce the documents asked for that Wagner has refused to produce. Otherwise, we feel the OPPL is in violation of the Fox-1/Fox-2 settlement agreement.
-- At Issue --
It is undisputed that OPPL employee Bridget Bittman stated in a SLAPP filing against critics of the OPPL that there were "written complaints" made against Bittman by OPPL patrons. This appears on p. 15, line 139 of the amended SLAPP filing that Bittman made in January 2015 (which the OPPL has a copy of). By implication, that means that there exist documents that comprise "written complaints" against Bridget Bittman made by OPPL patrons that were made sometime before January 2015 (the date of her amended SLAPP filing). This assumes that Bittman was truthful in her amended SLAPP filing about the OPPL possessing "written complaints" about Bittman made by OPPL patrons.
Pursuant to this SLAPP filing, Bittman would be aware of and would be able to describe the "written complaints" made against her by OPPL patrons. These documents would be easy to locate within 5 minutes if what Bittman stated in her SLAPP filing is truthful.
Bittman stated in her SLAPP filing that her supervisors were aware of these complaints and that the complaints against her were made to the OPPL by the OPPL patrons. This means that Mary Weimar and Robin Wagner (Bittman's supervisors) would be aware of and would be in possession of the "written complaints" made against Bittman. It would take no more than 5 minutes to locate these documents for FOIA production.
The Illinois Freedom of Information Act requires you to produce these "written complaints" that OPPL patrons made against Bridget Bittman, as you have been asked for these documents in FOIA request #OrlandPK15.
On 7/13/15 and 7/14/15, we feel that Robin Wagner played games and chose not to produce these documents. Absurdly, she claimed that she could not identify what documents were being asked for. We feel this could not possibly be more clear, since Bittman herself identified the documents in her SLAPP filing (p. 15, line 139 of her amended SLAPP filing document from January 2015). When a public employee states that a specific category of documents exists and is in the possession of a public body, then the public has a right to obtain that specific category of documents.
Wagner further absurdly claimed that she did not have to ask Bittman what documents that Bittman was talking about in her SLAPP filing. The Illinois Attorney General's Office of the Public Access Counselor disagrees and has informed us that the OPPL, as a public body, has a duty to ask Bittman what documents she is talking about that constitute "written complaints" against Bittman in the possession of the OPPL.
The PAC has informed us that the very first question it would ask the OPPL would be "Did you ask Bridget Bittman to list the documents she referred to in her filing?" and the second question would be "Did you ask Bridget Bittman's supervisors to identify the documents she referred to in her filing?". Robin Wagner claims the OPPL will not ask these questions…which we feel is a violation of the Freedom of Information Act because it would be a refusal to conduct a reasonable search for these documents.
-- Remedy Sought --
To resolve this issue to our satisfaction and avoid taking it to either the Public Access Counselor as a Request for Review or bringing it before the court as a breach of the Fox-1/Fox-2 settlement agreement, we ask again that the Orland Park Public Library produce all documents that constitute the "written complaints" against Bridget Bittman, as cited on line 139, p.15 of the amended SLAPP filing that Bittman made in January 2015.
The OPPL is required to produce all "written complaints" made against Bridget Bittman. This includes all documents that Bridget Bittman identifies as "written complaints" made against her.
The Freedom of Information Act requires the OPPL to conduct a reasonable search for documents asked for in any FOIA request. In the matter at hand, a reasonable search would include:
1. Asking Bridget Bittman to identify the "written complaints" she claims were made against her by OPPL patrons so that the OPPL can produce these responsive to FOIA request #OrlandPK15.
2. Asking Mary Weimar (Bittman's supervisor) to identify the "written complaints" that Bittman claims were made against her by OPPL patrons so that the OPPL can produce these responsive to FOIA request #OrlandPK15.
3. Asking Robin Wagner (Bittman's supervisor) to identify the "written complaints" that Bittman claims were made against her by OPPL patrons so that the OPPL can produce these responsive to FOIA request #OrlandPK15.
As of 7/16/15, the OPPL has produced no documents consistent with the claims made by Bridget Bittman in her January 2015 amended SLAPP filing, where she claimed that "written complaints" were made against her by OPPL patrons.
The only documents that the OPPL has produced thus far were:
1. One email from a woman who tried to book a meeting room but noted Bridget Bittman's incompetence in not handling the meeting room booking professionally.
2. One email from a woman name Rebecca Raleigh, where Raleigh complained about Diane Jennings' reprehensible behavior and foul language on 7/8/14; Raleigh noted Bittman's unprofessional behavior as well.
3. One email from a woman named Mary Simons, where Simons also complained about Diane Jennings' childish and bizarre behavior and foul mouth on 7/8/14; Simons also noted Bittman's unprofessionalism as an embarrassment to a public body.
None of the above constitute "written complaints" against Bittman by OPPL patrons as Bittman cited in her SLAPP filing (p. 15, line 139).
Since Bittman states that the OPPL possesses documents that constitute "written complaints" against her, then the OPPL should be able to easily locate these "written complaints" against Bittman and produce them. We argue that if Bittman was able to identify and locate them for the purposes of her SLAPP filing, then she as an OPPL employee should be able to direct Robin Wagner and Scott Remmenga on where to find these exact documents for FOIA production.
Per the terms of the Fox-1/Fox-2 settlement agreement, FOIA request #OrlandPK15 was designated a priority FOIA request. Yet, we are still waiting for compliance and are still waiting for the priority documents we requested. This puts the OPPL in breach of the Fox-1/fox-2 settlement agreement. You were on notice as of 7/13/15 of this breach.
-- Resolution --
To resolve this breach, we offer the opportunity for the OPPL to produce all documents that constitute "written complaints" against Bridget Bittman made by OPPL patrons (as cited in Bittman's amended SLAPP filing, p. 15. line 139).
We ask that Robin Wagner and Scott Remmenga conduct a search for all "written complaints" against Bridget Bittman made by OPPL patrons (as cited in Bittman's amended SLAPP filing, p. 15. line 139) by asking Bittman to identity what "written complaints" made against her that she is aware of. Mary Weimar and Robin Wagner, as Bittman's supervisors, must also be asked about "written complaints" made against Bridget Bittman. All places where written complaints made against Bridget Bittman would be kept and stored should be searched for any such documents. Upon information and belief, when written complaints are made by patrons against a specific OPPL employee, those written complaints would be kept somewhere in the OPPL for future review and access.
Please produce all written complaints made against Bridget Bittman after conducting a search for these documents that includes asking Bridget Bittman, Mary Weimar, and Robin Wagner to identify fully and completely all written complaints that were made by patrons against Bridget Bittman. What you produce should be a complete and definitive compilation of ALL documents that Bittman, Weimar, and Wagner deem to be "written complaints" against Bittman. No document should be left out.
If no written complaints against Bridget Bittman made by patrons of the OPPL actually exist, then we will accept a letter from the OPPL attesting to the fact that no such written complaints actually exist.
The OPPL remains in breach of the Fox-1/Fox-2 settlement agreement until all written complaints made by OPPL patrons against Bridget Bittman are produced.
Thank you,
Megan Fox and Kevin DuJan
Story Time Digital Media
