Below is, in reverse chronological order, is the better part of an email exchange I’ve been having recently with the Illinois Department of Natural Resources (IDNR) regarding a relatively minor FOIA request that I’ve recently made with them and which they are not responding properly. It has shed some light with me on some of the IDNR’s latest shenanigans to avoid public scrutiny on their activities.

I am a member of the board of directors of the Citizen’s Committee to Save the Cache, which is the oldest grassroots environmental organization in Southern Illinois. The President of the group, A.E. Corzine, has been trying to find out how the IDNR made final decisions about what displays are in the Cache River Wetlands Center, just north of Karnak along Illinois Rt. 37. The displays very mysteriously, (or maybe not so mysteriously) fail to even mention the Citizen’s Committee to Save the Cache by name, (even though there would be no Cache River Wetlands’s Center if not for the Citizen’s Committee)and have false, misleading, or irrelevant information throughout the display. The IDNR officials have been very evasive with Mr. Corzine about how the displays were decided upon. They said that there was some kind of committee that did this, but would produce no information about this committee other than one email from John and Martha Schwegman, which purported to be as members of the committee, commenting on Mr. Corzine’s proposal to put a flip book in the center which gives the Citizen’s Committee perspective on the recent history of the Cache.

I’ve had some experience with the Freedom of Information Act, including the Illinois state act. So I volunteered to help Mr. Corzine obtain documents which indicated who exactly is on the committee, what the rules are that govern the committee, minutes to meetings, and how the members were chosen. Pretty straightforward stuff. Not like asking for the private conversations between the Director and his chief attorney on some hiring issue.

I thought the easiest, most convenient way to submit the FOIA request was to email it. Afterall, I have email FOIA requests to federal agencies for years. It’s standard and in many ways preferred. So I called Jim Waycuilis, the superintendent of the Cache River State Natural Area, and asked him for his email. I told him exactly what I wanted the email for. He gave me his email and didn’t say anything else about it.

I think it was the next morning, I got to emailing the request. It’s down there at the bottom of the email string. Then later that afternoon, I get a response from Mr. Waycuilis stating that I must submit my FOIA request through their webform. I wrote him back and asked him where in the statute it required that. I did not get an answer back from him right away. Finally I got a one sentence response that basically says just cause it is.

The next morning, I wrote a message to Mr. Stan Yonkauski, an attorney for the IDNR in Springfield. I had gotten acquainted with him in the past, including during the last round when the IDNR tried to play loose and fast with the FOIA act to deny RACE some documents. That case dragged out a couple years, but in the end, IDNR had to release everything for free and pay upwards of $100,000 in attorney’s fees to our attorneys, Jenner and Block. Great use of taxpayer’s money.

Mr. Yonkauski says, as you can see, that I don’t have to submit the request via a webform. However, less than an hour after receiving that email from Mr. Yonkauski, I got a phone call from Virginia Yang, who identified herself as the IDNR’s FOIA officer. She said over the phone that not only did I have to submit the request via their webform, but that I had to print it out and either mail it or fax it. When I asked her where in the statute it says that, she says that it requires a request to be submitted “in writing.” When I asked if she was saying that an email wasn’t “in writing” she said that they weren’t set up to take email requests.

She asked me if she could email a link to their webform. I said sure, but for her not to construe that as any kind of admission that I believed that it had to be submitted via such a form. I looked at the form. It was in pdf format. I converted it to MS Word, pasted my FOIA in the blank along with my contact info and my signature, and emailed it back to her. That was Oct. 15.

I hadn’t heard anything as of yesterday morning. So, I looked at the Illinois FOIA statute to refresh me on their time limit. It is 7 days. So, it is way past their time to respond and I’ve heard nothing. So I sent them an email yesterday asking them what was going on. Ms. Yang says they haven’t received a FOIA from me.

I’m preparing my appeal. In the course of preparing this appeal, I have discovered that the IDNR has promulgated administrative rules that indeed do say that you have to use the webform. These are clearly unconstitutional because not everyone has internet access. They also are inconsistent with the FOIA statute, which is pro-disclosure. These will be challenged in the appeal.

It’s really disappointing that we live in one of the “bluest” states and yet our state agencies are still filled with Republican leftovers from over 2 decades of straight Republican governors. Our state government is totally regressive and repressive and has contempt for the citizens of the state, especially the IDNR. And, how did the so-called “joint administrative committee” from the legislature approve these unconstitutional rules?

The ultimate irony of all of this is that what I asked for probably wouldn’t take 10 pages to document. However, from my conversation with Mr. Waycuilis at the beginning of this process, I don’t think that they have much documentation of how they picked their displays. I think it was a bunch of the “good ol’ boys” who got together and decided who was in and who was out, regardless of the facts. I don’t think the IDNR wants to be caught at this. But saying that an email isn’t something “in writing” is beyond the pale. I can’t let that stand, so we’ll just drag this out a little longer in order to make some changes in a bad agency that is operating badly and needs to be held accountable.

-----Original Message-----
From: VIRGINIA YANG [mailto:VIRGINIA.YANG@illinois.gov]
Sent: Tuesday, November 13, 2007 8:37 AM
To: markkris
Cc: RONDA BROWN; STAN YONKAUSKI; Gov. Rod Blagoevich
Subject: RE: Illinois FOIA

Mr. Donham;

We have checked the IDNR's FOIA request files and have not located a FOIA request form from you.

Please resubmit your request. Check the new IDNR FOIA website for further information and for the request form that is used for recordkeeping purposes. You can fax your request form to this office [217-785-2438].

Your cooperation is appreciated.

Virginia I. Yang, Deputy Counsel
Illinois Department of Natural Resources One Natural Resources Way Springfield, IL 62702-1271
217-782-1809 [Office]
217-785-2438 [Fax]

email: virginia.yang@illinois.gov

***********************************
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>>> "markkris" 11/10/2007 1:12 PM >>>
Dear Mr. Yonkauski and Ms. Yang,
I submitted the form for my FOIA, but I haven't heard anything since. The document request is quite straightforward and should be easy to fulfill. It should have been fulfilled within 7 days, but I've given you a month. Why are you doing this? It is really disheartening that we have a Democratic administration and yet still have the agencies filled with right wing republicans who have no respect for the public. Last time you violated the law trying to keep information from me, it cost the state way over 6 figures in legal costs. It's not like I'm asking for a lot, and by the way, I even submitted the form with a signature, so I really would like to know what the problem is?
Sincerely,
Mark Donham

-----Original Message-----
From: STAN YONKAUSKI [mailto:STAN.YONKAUSKI@illinois.gov]
Sent: Monday, October 15, 2007 8:48 AM
To: Mark Donham
Cc: VIRGINIA YANG
Subject: Re: Illinois FOIA

-----Original Message-----
From: Mark Donham [mailto:markkris@earthlink.net]
Sent: Monday, October 15, 2007 12:27 PM
To: 'VIRGINIA YANG'
Subject: RE: IDNR FOIA Request Form
Attachment: FOIA Form w exhibits committee 51kb

Dear Ms. Yang,
Here is your form. If you view it under Normal view in MS Word, it reads fine, and it is signed. This is the third time I've submitted this. As far as my opinion goes, your time to respond started on the 11th of Oct, when it was first received.
Mark Donham

-----Original Message-----
From: VIRGINIA YANG [mailto:VIRGINIA.YANG@illinois.gov]
Sent: Monday, October 15, 2007 11:45 AM
To: markkris@earthlink.net
Subject: IDNR FOIA Request Form

Mr. Donham;

As I indicated, please complete the attached FOIA request form, as provided under 2 Ill. Adm. Code 826. 110 and 826.120, for your IDNR request and either mail or fax [217/785-2438] the completed form to IDNR offices in Springfield, Illinois. You can attach any additional documents or letters that you believe would help IDNR staff in responding to your request.

The IDNR is specifically authorized under Section 4 and 5 of the Illinois Freedom of Information Act, 5 ILCS 140/3 (g) and (4)(b) to promulgate rules and regulations concerning the availability or records and procedures to be followed, as well as a brief description of the methods whereby the public may request information and public records under the state FOIA program.

Thank you for your cooperation,

Virginia I. Yang, Deputy Counsel
Illinois Department of Natural Resources One Natural Resources Way Springfield, IL 62702-1271
217-782-1809 [Office]
217-785-2438 [Fax]

email: virginia.yang@illinois.gov

-----Original Message-----
From: STAN YONKAUSKI [mailto:STAN.YONKAUSKI@illinois.gov]
Sent: Monday, October 15, 2007 8:48 AM
To: Mark Donham
Cc: VIRGINIA YANG
Subject: Re: Illinois FOIA

Mr. Donham, the IDNR legal office processes FOIA requests; our FOIA Officer is Virginia Yang. I forwarded your request and she will assure it receives the appropriate attention.

We do have forms that are intended to facilitate the processing of FOIA requests but use of the form is not mandatory. As you likely know, we get numerous requests and a significant number are handwritten; often we are not able to read handwriting or to clearly understand an individuals' request. We found the form helps alleviate misunderstanding.

Stanley Yonkauski
Legal Counsel
Illinois Department of Natural Resources One Natural Resources Way Springfield, Il. 62702-1271
217.782.1809

>>> "Mark Donham" 10/12/2007 11:05 AM >>>

Dear Mr. Yonkauski,

I'm not sure if you are still with the DNR, but what the heck, I'm going to try. Yesterday, I emailed Mr. Jim Waycuilis, Superintendent of the Cache River SNA, a FOIA request. It was very direct, is not going to require a huge amount of work, and should have been easy.

Instead, Mr. Waycuilis emails me back and says that in order to submit a FOIA request with the IDNR, it has to be submitted thru a particular online webform only. I responded and asked him to provide me with the statutory and or regulatory cite that contains that requirement. I want to know what the basis of this request is, and why a simple FOIA request can't be submitted by email? Below is the exchange.

What I told Mr. Waycuilis is that I will wait the proper amount of time for a response, and then file an appeal, and we will go from there. I don't believe that the law requires that a FOIA be submitted in any particular fashion, as long as it reasonably described the documents, which my request clearly does.

I look forward to the agency's clarification.

Sincerely,

Mark Donham
RACE
RR # 1, Box 308
Brookport, IL 62910
618-564-3367

-----Original Message-----
From: JIM WAYCUILIS [mailto:JIM.WAYCUILIS@illinois.gov]
Sent: Thursday, October 11, 2007 4:22 PM
To: markkris@earthlink.net
Subject: Re: followup on phone conversation

Mark,
To obtain the information you are requesting, you must file a FOIA request form.

-----Original Message-----
From: Mark Donham [mailto:markkris@earthlink.net]
Sent: Thursday, October 11, 2007 11:41 AM
To: 'Jim.waycuilis@illinois.gov'
Subject: followup on phone conversation

Dear Mr. Waycuilis, (Jim)

This is a follow up to our phone conversation yesterday. There are agency records which I would like to obtain.

(1) I have a copy of an email, dated Wed., June 20,2007, 8:55am from Mitch Ingold to you, subject, Re: Flip Book by Citizens Committee. It appears to be a forwarded email from John and Martha Schwegman, Exhibits Committee. I believe that this refers to the exhibits which will be displayed in the Cache River Wetlands Center up north of Sec. 8 Woods on IL 37.

I am seeking information about the Exhibits Committee. Could you please send me a list of all members of that committee, including indicating which are officers. I would like the statutory or regulatory authority to create such a committee, and a copy of the rules under which the committee operates. I also would like copies of the agendas of all of their meetings since the formation of the Committee, and all the minutes.

If you have any questions regarding this request, please feel free to contact me.

Sincerely,

Mark Donham
Regional Association of Concerned Environmentalists (RACE) RR # 1, Box 308 Brookport, IL 62910
618-564-3367

-----Original Message-----
From: JIM WAYCUILIS [mailto:JIM.WAYCUILIS@illinois.gov]
Sent: Thursday, October 11, 2007 4:22 PM
To: markkris@earthlink.net
Subject: Re: followup on phone conversation

Mark,
To obtain the information you are requesting, you must file a FOIA request form.
You can obtain this form from the IDNR home page at www.dnr.state.il, then click on FOIA in bottom left, this should give you all the necessary information.
Jim Waycuilis

You can obtain this form from the IDNR home page at www.dnr.state.il, then click on FOIA in bottom left, this should give you all the necessary information.
Jim Waycuilis

>>> "Mark Donham" 10/11/07 11:40 AM >>>
Dear Mr. Waycuilis, (Jim)

This is a follow up to our phone conversation yesterday. There are agency records which I would like to obtain.

(1) I have a copy of an email, dated Wed., June 20,2007, 8:55am from Mitch Ingold to you, subject, Re: Flip Book by Citizens Committee. It appears to be a forwarded email from John and Martha Schwegman, Exhibits Committee.
I
believe that this refers to the exhibits which will be displayed in the Cache River Wetlands Center up north of Sec. 8 Woods on IL 37.

If you have any questions regarding this request, please feel free to contact me.

Sincerely,

Mark Donham
Regional Association of Concerned Environmentalists (RACE) RR # 1, Box 308 Brookport, IL 62910
618-564-3367