Gekas v. Williamson

912 N.E.2d 347, 393 Ill. App. 3d 573, 332 Ill. Dec. 161, 2009 Ill. App. LEXIS 687
CourtAppellate Court of Illinois
DecidedJuly 20, 2009
Docket4-08-0733
StatusPublished
Cited by24 cases

This text of 912 N.E.2d 347 (Gekas v. Williamson) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gekas v. Williamson, 912 N.E.2d 347, 393 Ill. App. 3d 573, 332 Ill. Dec. 161, 2009 Ill. App. LEXIS 687 (Ill. Ct. App. 2009).

Opinion

JUSTICE APPLETON

delivered the opinion of the court:

Plaintiff, G. Mark Gekas, D.D.S., lodged a complaint with the Sangamon County sheriff’s office. He complained that a deputy sheriff, John Gillette, had mistreated him during a traffic stop. The Division of Professional Standards (Division), i.e., the internal-affairs branch of the sheriffs office, performed an investigation and concluded that Gillette had done nothing wrong.

Plaintiff disagreed. He decided to perform an investigation of his own. Pursuant to the Freedom of Information Act (Act) (5 ILCS 140/1 through 11 (West 2006)), he requested the sheriffs office to provide him a copy of all complaints that citizens had made against Gillette, together with all records relevant to those complaints. Defendant, Neil M. Williamson, the sheriff of Sangamon County, refused the request in toto. His stated reason for the refusal was that all of the requested records were part of Gillette’s personnel file, which, under section 7(l)(b)(ii) of the Act (5 ILCS 140/7(1)(b)(ii) (West 2006)), was exempt from disclosure.

After an unsuccessful administrative appeal, plaintiff sued defendant to compel his compliance with the Act. The circuit court performed an in camera inspection of 27 investigative files and concluded that plaintiff was entitled to only 4 of the files. The court allowed defendant to withhold the remaining 23 files either because the Division had found the complaints therein to be unfounded or because the complaints did not resemble the complaint plaintiff had made against Gillette. Defendant appeals from the portion of the order requiring him to disclose the four files. Plaintiff cross-appeals from the portion of the order denying him access to the other 23 files.

We interpret section 7(b)(l)(ii) (5 ILCS 140/7(l)(b)(ii) (West 2006)) as exempting only “personal information” in personnel files. Insomuch as the 23 files document investigations of alleged wrongdoing by Gillette in the course of his public duties, they are not his personal information, and the disclosure of those files would not invade his personal privacy. See 5 ILCS 140/7(1)(b) (West 2006). We know that, at a minimum, the file pertaining to plaintiffs internal-affairs complaint against Gillette falls into this category, and, therefore, the circuit court erred in allowing defendant to withhold it. The same would be true of other files as well, if they related to Gillette’s performance of his public duties. See 5 ILCS 140/7(1) (b) (West 2006).

Therefore, we affirm the circuit court’s judgment in part and reverse it in part. We affirm the part of the judgment requiring defendant to produce the four files. We reverse the part of the judgment allowing defendant to withhold the file pertaining to plaintiffs allegations against Gillette. We also remand this case with the following directions. Of the remaining files, the court shall identify, and order defendant to provide to plaintiff, all files that relate to allegations of wrongdoing by Gillette in the performance of his duties as deputy sheriff. Pursuant to section 8 (5 ILCS 140/8 (West 2006)), the court shall allow the redaction of exempt information.

I. BACKGROUND

In his complaint for declaratory judgment and injunctive relief, plaintiff alleges that on August 22, 2006, Gillette “subjected [him] to police brutality *** during a routine traffic stop.” Plaintiff complained to defendant in writing. He told defendant that Gillette had stuck a pistol in his face, called him an obscene name, and handcuffed him to the steering wheel of his (plaintiffs) car, knowing, at the time, that plaintiff was in extreme agony from a kidney stone and that, on his doctor’s orders, he had been en route to the emergency room of Memorial Medical Center.

On November 20, 2006, plaintiff received a letter from Tony Sacco, chief deputy sheriff, informing him that the Division had investigated his complaint and that “[a]fter reviewing reports[ ] [and] dispatch tapes and interviewing [10] witnesses, [the Division] ha[d] determined [the] complaint to be unsubstantiated.” According to Sacco, “Deputy [Sheriff] Gillette [had] performed his duties in accordance with the laws of the State of Illinois and the Sangamon County Sheriffs Office Rules and Regulations.”

On November 28, 2006, pursuant to section 3(b) of the Act (5 ILCS 140/3(b) (West 2006)), plaintiff sent defendant a request for information. The request sought the following records:

“[(1)] copies of all materials, including!,] but not limited to[,] reports, dispatch tapes, interview transcripts, interview recordings, and notes and recommendations of your [i] nternal [-] [a] ffairs investigator, pertaining to your office’s investigation of the complaint of [plaintiff] against Deputy [Sheriff] Gillette;
[(2)] all documents pertaining to alleged or demonstrated steroid use by your deputies;
[(3)] all citizens’ complaints against Deputy [Sheriff] Gillette[;] and
[(4)] copies of all materials relating to any prior disciplinary investigation of Deputy [Sheriff] Gillette! ] and copies of any court documents filed in any litigation involving the conduct of Deputy [Sheriff] Gillette, along with any settlement agreements with respect to such litigation.”

On December 12, 2006, on defendant’s behalf, Assistant State’s Attorney James A. Grohne replied to plaintiffs request for information. Grohne stated:

“With the exception of actual litigation involving Gillette, the information you have requested is exempt under [s]ection 7(l)(a)(ii) of the *** Act. [(Actually, there was no section 7(l)(a)(ii). Grohne evidently meant section 7(l)(b)(ii) (5 ILCS 140/7(1)(b)(ii) (West 2006)), the exemption for ‘personnel files and personal information maintained with respect to employees.’)]
With respect to litigation, no comprehensive list of litigation involving county employees is maintained. I will, however, search individual files for lawsuits involving Gillette.”

In a letter dated December 13, 2006, plaintiff appealed to “the head of the public body,” namely, defendant. 5 ILCS 140/10(a) (West 2006). Plaintiff argued in his letter:

“Non[ ]exempt materials cannot be magically transformed into exempt materials by hiding them in a personnel file. Self-evidently, most of the materials sought here pertain to ‘public duties’ of Mr. Gillette! ] and!,] more particularly, his performance of those duties. [5 ILCS 140/7(l)(b) (West 2006).] Self-evidently, most of the materials do not invade Mr. Gillette’s privacy in any way, shape!,] or form.

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Bluebook (online)
912 N.E.2d 347, 393 Ill. App. 3d 573, 332 Ill. Dec. 161, 2009 Ill. App. LEXIS 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gekas-v-williamson-illappct-2009.