Saturday, October 06, 2007

Sample Freedom of Information Letter to McHenry County College Requesting the Baseball Stadium Feasibility Study Conducted by EquityOne's Mark Houser

Name:

Address:


Date:


Freedom of Information Officer
McHenry County College
___Faxed to 815-455-3684 or
___Mailed to 8900 U.S Route 14
Crystal Lake, IL 60012

Dear FOI Officer:

Under the Freedom of Information Act, I request copies of the feasibility study conducted by Mark Houser of EquityOne pursuant to the contract signed September 27, 2006.

This is the contract that includes,
"At the completion of the feasibility study and independent review, if the College elects to proceed with the project, the College will contract with EquityOne or it’s (sic) assigns to develop the project on the College’s behalf."
I request any portions of this document not specifically exempted from disclosure, ie. table of contents, notes on methodology, summary, abstract or any other portions not specifically related to the reason cited for exemption.

Concerning any part you may consider denying, I point to the language of the statue,
"It is important to note that upon receiving a request for access to a record that is exempt from disclosure but that contains nonexempt information, the public body must separate the exempt from the nonexempt information and disclose the nonexempt information. 5 ILCS 140/8; Bowie v. Evanston Community Consolidated School District, 128 Ill. 2d 373, 380 (1989); see also Carter v. Meek, 322 Ill. App. 3d 266 (5 th Dist. 2001); CBS Inc., v. Partee, 198 Ill. App. 3d 936 (1 st Dist. 1990). If such information is maintained only on computer tapes or disks, the public body may be required to prepare a computer program that will segregate the information; this does not require the creation of a new record. Hamer v. Lentz, 132 Ill. 2d 49, 56 (1989)." (excerpted from the Illinois guide to the FOIA: http://www.illinoisattorneygeneral.gov/government/foia_illinois.html)
Please include an estimate of the volume of the feasibility study not granted and the reason for exemption.

Thank you for your cooperation in this matter.

Sincerely,

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