Hamer v. Lentz

525 N.E.2d 1045, 171 Ill. App. 3d 888, 121 Ill. Dec. 738, 1988 Ill. App. LEXIS 842
CourtAppellate Court of Illinois
DecidedJune 10, 1988
Docket87-2429
StatusPublished
Cited by7 cases

This text of 525 N.E.2d 1045 (Hamer v. Lentz) 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
Hamer v. Lentz, 525 N.E.2d 1045, 171 Ill. App. 3d 888, 121 Ill. Dec. 738, 1988 Ill. App. LEXIS 842 (Ill. Ct. App. 1988).

Opinion

JUSTICE SULLIVAN

delivered the opinion of the court:

Plaintiff appeals from an order in an action for declaratory judgment and injunctive relief (1) directing defendants to disclose some, but not all, of the information he requested under the Freedom of Information Act (FOIA) (111. Rev. Stat. 1985, ch. 116, par. 201 et seq.), and (2) denying his request for attorney fees.

A previous appeal in this case was dismissed by us for lack of jurisdiction where plaintiff’s claim for attorney fees was still pending and the trial court’s order relating to the disclosure of the information at issue did not contain the requisite finding under Supreme Court Rule 304(a) (107 Ill. 2d R. 304(a)) that there was no just reason to delay enforcement or appeal. Hamer v. Lentz (1987), 155 Ill. App. 3d 692, 508 N.E.2d 324.

As we stated therein, the record discloses that on September 19, 1984, plaintiff, Brian Hamer, an attorney, submitted a written request for certain records in the possession of defendants, Norman Lentz, the administrative secretary of the General Assembly Retirement System (GARS), and the Board of Trustees thereof (defendants), relating to State pension payments received by former members of the Illinois General Assembly. Specifically, plaintiff requested the following information:

(1) the identity of all former members of the Illinois General Assembly currently receiving pension payments under the GARS;

(2) the annual pension received by each former member during the most recent fiscal year;

(3) the (a) salary received by each former member immediately prior to retirement, (b) date of retirement from the General Assembly, and (c) length of service in the General Assembly;

(4) the cumulative pension received by each former member from the date of retirement to the most recent practicable date.

In a letter dated October 1, defendant Lentz stated that an extension of time was necessary to respond to plaintiff’s request, but that in accordance with subsections (v) and (vi) of section 3(d) of the FOIA, a response would “be completed with all practicable speed.” On October 22, Lentz advised plaintiff that he did not have the authority to release the requested information but would present the request to the Board at a meeting scheduled for November 14 and thereafter inform plaintiff of the decision reached. After two postponements of that meeting, Lentz notified plaintiff that the Board had considered the request at its meeting on December 13 and had directed him to refer the matter to the Attorney General. Plaintiff responded with a letter of appeal on December 18, in which he asserted that defendants had violated the FOIA by (1) denying him access to public records covered by it and (2) failing to comply with section 9 thereof requiring them to supply (a) the reasons for the denial, (b) the names and titles of the persons responsible for the denial and (c) the procedure for appealing the denial to the head of the agency. In a letter dated January 4, 1985, Lentz informed plaintiff that he had not had the opportunity to review plaintiff’s letter with the chairman of the Board of Trustees but planned to do so the following week. However, in a February 21 responsive letter to plaintiff’s attorney, Lentz stated that the Board had not yet received a reply from the Attorney General on the matter. On March 6, Lentz informed plaintiff’s attorney of the name of the individual to whom the matter had been referred in the Attorney General’s office, but, according to plaintiff’s complaint, numerous attempts by his attorney to contact that individual were unsuccessful.

On August 15, 1985, plaintiff filed this action seeking an injunction ordering defendants to make available the requested records, a declaration that their continuing failure to do so constituted a violation of the FOIA, and an award of costs and attorney fees. In an answer filed on October 3, defendants asserted as affirmative defenses (1) that they denied the request on the good-faith belief that as trustees of the pension funds, they had a fiduciary duty to the beneficiaries not to disclose confidential financial information; and (2) that the information was exempt from disclosure under section 7(bXii) of the FOIA, as being “personnel files and personal information maintained with respect to *** elected officials of [a] public body.” 111. Rev. Stat. 1985, ch. 116, par. 207(bXii).

On November 22 and December 13, 1985, respectively, plaintiff filed a motion for summary judgment and a memorandum in support thereof arguing, as he does on appeal, that defendants failed to demonstrate the existence of a fiduciary duty which would override the disclosure requirements of the FOIA; that the disclosure of the information would not result in an unwarranted invasion of the personal privacy of the recipients as to be exempted under section 7(bXii) of the FOIA; and that their continuing failure to make the information available constituted a violation of section 3(c), which requires that the public body from which the information is requested “promptly, either comply with or deny a written request for public records within 7 working days after its receipt.” (111. Rev. Stat. 1985, ch. 116, par. 203(c).) Defendants filed a memorandum in opposition to summary judgment reasserting their affirmative defense and adding that in any event, no documents or reports existed containing the exact information requested.

Following a hearing on January 7, 1986, the trial court orally granted plaintiff’s motion for summary judgment, ruling that the information regarding the amount and computation of the pensions of former legislators was not exempt from disclosure under the FOIA, but the court further ruled that defendants were not obligated to compile, or otherwise prepare for inspection, information not maintained by them in the ordinary course of business. A written, agreed order was entered on February 3, stating that the information was subject to disclosure but that final ruling on plaintiff’s motion for summary judgment was reserved until February 13, by which date defendants were ordered to demonstrate to the court “whether the information is kept by [them] in the usual and ordinary course of business and is readily available by reason of their statistical accounting method.” On February 26, following presentation by defendants of a memorandum of “Compliance with the Court’s February 3, 1986 Order” explaining its record-keeping system, the trial court entered a “final and appealable” order directing defendants to disclose by March 19, 1986, “the most recent monthly printout [in its possession] which sets forth the identity of persons receiving pension benefits through the [GARS] as well as the monthly benefit payable for each such pension” and “a document which sets forth the retirement date for each such person receiving pension benefits.”

Plaintiff appealed from the trial court’s failure to order defendants to provide records showing the cumulative pension of all retirees from the dates of retirement to the present and the length of service upon which those pensions are based.

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Cite This Page — Counsel Stack

Bluebook (online)
525 N.E.2d 1045, 171 Ill. App. 3d 888, 121 Ill. Dec. 738, 1988 Ill. App. LEXIS 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamer-v-lentz-illappct-1988.