Kopchar v. City of Chicago

919 N.E.2d 76, 395 Ill. App. 3d 762
CourtAppellate Court of Illinois
DecidedNovember 6, 2009
Docket1-08-1835
StatusPublished
Cited by28 cases

This text of 919 N.E.2d 76 (Kopchar v. City of Chicago) 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
Kopchar v. City of Chicago, 919 N.E.2d 76, 395 Ill. App. 3d 762 (Ill. Ct. App. 2009).

Opinion

PRESIDING JUSTICE TOOMIN

delivered the opinion of the court:

We are asked to determine whether section 7 of the Freedom of Information Act (FOIA) (5 ILCS 140/7 (West 2006)) requires disclosure of the criteria or standards used to evaluate the physical abilities tests administered to firefighter applicants. We hold it does not. 1 Plaintiff brought claims against the City of Chicago (City) and its outside testing administrator, Human Performance Systems, Inc. (HPS), alleging that HPS had misrepresented the results of plaintiffs performance in a firefighter’s physical abilities test that it administers for the Chicago Fire Department, and that the City had refused to honor FOIA requests for copies of criteria or standards used to evaluate physical abilities tests administered to firefighter applicants. Plaintiff also sought a mandatory injunction against the City to compel a second opportunity to take the test or, alternatively, a position in the Firefighter’s Academy. The circuit court dismissed the claims against HPS, finding that because it performed a quasi-judicial function it had absolute immunity from suit and dismissed the claim for injunctive relief against the City, concluding that plaintiff had failed to show a clear right to relief. Summary judgment was subsequently entered on the FOIA claims and plaintiff now appeals. For the following reasons, we affirm.

BACKGROUND

On June 5, 1995, plaintiff filed an application with the City of Chicago for the position of firefighter with the Chicago Fire Department. Shortly thereafter, plaintiff took a written examination, which he passed. Over 10 years later, on March 30, 2006, the City informed plaintiff by mail that he should fill out a card to participate in the next phase of testing, the physical abilities test. Plaintiff returned the card and on May 23, 2006, he participated in the physical abilities test. However, on June 9, 2006, plaintiff was notified that he did not achieve a passing score on the test and would no longer be considered for the position.

In turn, plaintiff sent a letter to Patricia Ciara, who was then the director of personnel of the Chicago Fire Department, stating that he believed the test result was in error, that he was in excellent physical condition, and requesting a review of the results pursuant to the Freedom of Information Act. Thereafter, Ciara informed plaintiff that the testing consultant reviewed the results and found no error in the calculation of the results.

On November 29, 2006, plaintiff sent a FOIA request to the Chicago Fire Department (CFD), requesting “[t]he test results of the Firefighter Physical Abilities Test” and “the criteria that the Department uses to determine pass/fail.” On December 6, 2006, the Department denied his request pursuant to FOIA exemption section 7(l)(j). 5 ILCS 140/7(l)(j) (West 2004).

On December 12, 2006, plaintiff gave notice to the City’s law department, appealing the denial of his FOIA request. In response, the law department notified plaintiff that it would provide him his test score, and attached a copy of the Firefighter’s Physical Abilities Test Guide, which described the tasks covered by the test, but upheld the denial of the other information plaintiff requested, pursuant to FOIA exemption section 7(l)(j). On January 12, 2007, the law department provided plaintiff his cumulative physical abilities test score, which was “487.” However, no further interpretive information was provided.

Thereafter, plaintiff forwarded another FOIA request to the City seeking the identity of the independent contractor that administered the test, and “[t]he expected standards that the Fire Department requires of Firefighter Applicants to pass the Physical Abilities Test.” Having received no response, on February 5, 2007, plaintiff sent an appeal letter to the City. On February 15, 2007, the City identified the independent contractor that administered the test, HPS, and directed plaintiff to a Web site where he could find further information. The City also noted it had already provided plaintiff with a copy of the Firefighter Physical Abilities Test Guide and, to the extent he requested other materials, that request was denied pursuant to FOIA exemptions section 7(l)(j) and section 7(l)(w). 5 ILCS 140/7(l)(j), (l)(w) (West 2006). The letter further stated that it was a final denial, and thereafter plaintiff would have to seek judicial review of the City’s determination.

On April 4, 2007, plaintiff filed the instant suit against the City of Chicago, the fire department, and HPS. Count I of plaintiffs original complaint alleged a cause of action based on the Act for the City’s refusal to provide the testing standards to verify the City’s assertion that he failed the test. Count II alleged that HPS and/or the City either negligently or intentionally misreported the test results and sought injunctive relief against the City compelling either retesting after being provided with the test criteria or, in the alternative, admission to the Firefighter’s Academy and back pay for the period of time he was denied the position.

The City moved to dismiss count I pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 2006)), maintaining that the complaint was legally deficient because plaintiff failed to allege that he exhausted his administrative remedies and did not attach his FOIA request. The City also moved to dismiss count II pursuant to both sections 2 — 615 and 2 — 619 (735 ILCS 5/2 — 615, 2 — 619 (West 2006)), for failure to allege a clearly ascertainable right or irreparable harm. HPS moved to dismiss, alleging that because it performed a quasi-judicial function it was cloaked with absolute immunity from suit. Thereafter, the court entered an order dismissing plaintiffs claim for a mandatory injunction and dismissing all claims against HPS with prejudice. The CFD was dismissed by agreement of the parties.

Pursuant to the dismissal order, plaintiff was allowed to amend count I brought under the FOIA. However, the City filed a motion for more definitive statement, and by agreed order, plaintiff was given leave to file a second amended complaint. Plaintiffs second amended complaint alleged two counts against the City for the denial of plaintiffs FOIA requests. In turn, the circuit court entered a final order granting the City’s motion for summary judgment, finding that the information requested fell within the exemptions, specifically section 7(1)(j). Plaintiff appeals the order dismissing count II of his original complaint against the City and dismissing HPS, as well as the final order granting summary judgment on his FOIA claims.

ANALYSIS

Plaintiff first contends that the circuit court erred in finding that his FOIA requests for the firefighter physical testing and scoring criteria fell within the FOIA’s exemptions. As the issue of whether plaintiffs requests are exempt from disclosure under the FOIA is a matter of statutory construction, and because we are reviewing a grant of summary judgment, our review is de novo. Stern v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tynis v. McHenry County Sheriff's Department
2025 IL App (2d) 240488-U (Appellate Court of Illinois, 2025)
EJ Construction 1 Corp. v. Pellegrino
2024 IL App (3d) 240069-U (Appellate Court of Illinois, 2024)
Petta v. Christie Business Holding Co.
2023 IL App (5th) 220742 (Appellate Court of Illinois, 2023)
Shehadeh v. Sangamon County Sheriff
2023 IL App (4th) 220455-U (Appellate Court of Illinois, 2023)
Green v. Chicago Police Department
2022 IL 127229 (Illinois Supreme Court, 2022)
Lucy Parsons Labs v. City of Chicago Mayor's Office
2021 IL App (1st) 192073 (Appellate Court of Illinois, 2021)
Hosey v. The City of Joliet
2019 IL App (3d) 180118 (Appellate Court of Illinois, 2019)
Dedic v. Board of North Shore Towers Condominium Ass'n
2018 IL App (1st) 171842 (Appellate Court of Illinois, 2018)
Horwitz v. Sonnenschein Nath & Rosenthal
2018 IL App (1st) 161909 (Appellate Court of Illinois, 2018)
Dedic v. Board of North Shore Towers Condominium Association
2018 IL App (1st) 171842 (Appellate Court of Illinois, 2018)
Krozel v. Illinois Court of Claims
2017 IL App (1st) 162068 (Appellate Court of Illinois, 2017)
Chicago Tribune Co. v. The Department of Financial and Professional Regulation
2014 IL App (4th) 130427 (Appellate Court of Illinois, 2014)
Kalven v. The City of Chicago
2014 IL App (1st) 121846 (Appellate Court of Illinois, 2014)
Town of Cicero v. Metropolitan Water Reclamation District of Greater Chicago
2012 IL App (1st) 112164 (Appellate Court of Illinois, 2012)
Chicago Board Options Exchange v. International Securities Exchange
2012 IL App (1st) 102228 (Appellate Court of Illinois, 2012)
Robrock v. County of Piatt
2012 IL App (4th) 110590 (Appellate Court of Illinois, 2012)
Christian Assembly Rios De Agua Viva v. City of Burbank
948 N.E.2d 251 (Appellate Court of Illinois, 2011)
Helping Others Maintain Environmental Standards v. Bos
941 N.E.2d 347 (Appellate Court of Illinois, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
919 N.E.2d 76, 395 Ill. App. 3d 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kopchar-v-city-of-chicago-illappct-2009.