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Judicial Watch • Chicago Department of Aviation April 2017 Response Letter 17-105

Chicago Department of Aviation April 2017 Response Letter 17-105

Chicago Department of Aviation April 2017 Response Letter 17-105

Page 1: Chicago Department of Aviation April 2017 Response Letter 17-105

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Number of Pages:5

Date Created:April 24, 2017

Date Uploaded to the Library:April 24, 2017

Tags:CDA, Accident, airlines, incident, Chicago Department of Aviation, republic, aviation, Communications, 2017, event, mayor, response, letter, chicago, security, request, records, FOIA, department, united, IRS


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April 24, 2017
Chicago Department Aviation
Ginger Evans
Commissioner
Freedom Information
10510 West Zemke Road
Chicago, Illinois 60666
CDAFOIA@cityofchicago.org
FAX (773) 894-3939
http://www.cityofchicago.org
VIA ELECTRONIC MAIL
James Peterson, Senior Attorney
Judicial Watch, Inc.
425 Third Street, S.W., Suite 800
Washington, 20024
Email: jpeterson@judicialwatch.org
Dear Mr. Peterson:
This letter response your Freedom Information Act FOIA
request received the City Chicago Department Aviation CDA
our offices April 11, 2017. April 18, 2017, the CDA sent you letter extend the time period respond your FOIA request. your request,
you state the following:
Judicial Watch requests copies all records related the involuntary
removal passenger David Dao from United Flight 3411 (operated
Republic Airlines) April 2017, including, but not limited to, incident
reports, justification memos, communications with United Airlines and
Republic Airlines, communications with the Chicago Mayor office,
communications with the press, and communications with any other third
parties.
Due the volume requests made for records regarding this incident, the
CDA has compiled set all relevant records which can found the
following link:
https://www.dropbox.com/sh/pxvqchijd4cqatz/AADHbmPkOIiioRts4cC7u1P
xa?dl=0
The password use April92017c0c
This set records fully responds your request, and may also include
additional records you did not specifically seek. Produced herewith are the
following:
April 24, 2017
CDA Accident/Incident Report: this documentation consists the CDA
completed Accident/Incident Report, statements from the officers that were
involved the incident, April 2017 Hare Communications Center
Display Event printout and the Incident/Passenger(s) Complaint David Dao.
Supplemental Report Aviation Security Officer James Long dated April 10,
2017
Supplementary Report dated April 11, 2017 correcting the date the
Accident/Incident Report from March 2017 April 2017 Hare Communications Center Display Event printout from April 10, 2017
Event Chronology for ORD Event Number #P170401725
Policy and Procedures Field Manual dated May 2002: Section 1/4.2 page I-8
addresses the use force Aviation Security personnel (in two PDF files)
Safety Security Division Direction 13-03 (Use Force Policy) dated March
2013
Memo from Aviation Security Deputy Commissioner dated April 17, 2017
regarding the Use Force Policy
Personnel files for the four Aviation Security personnel that were placed
administrative leave result the incident the airplane (in four PDF files)
10.
Four video files regarding the incident and the response thereafter
11.
Two audio files regarding the incident and the response thereafter the extent you are seeking anything additional, please submit FOIA
CDAFOIA@cityofchicago.org and will begin processing that request.
Regarding the documents that have been provided, please note that ILCS 140/7(1)(b) exempts
from disclosure, private information. Private information defined Section 2(c-5) as,
unique identifiers, including person social security number, driver license number,
employee identification number, biometric identifiers, personal financial information, passwords other access codes, medical records, home personal telephone numbers, and personal
emails addresses. Private information also includes home address and personal license plates,
except otherwise provided law when compiled without possibility attribution any
person ILCS 140/2(c-5).
Several the documents provided herewith contain redactions private information pursuant Section 7(1)(b) follows:
April 24, 2017
Item (Accident/Incident Report) dates birth, home addresses and telephone
numbers
Item Hare Communications Center Display Event) employee identification
numbers under the column Closing
Item (Personnel Files) dates birth, home addresses and telephone numbers, social
security numbers, and email addresses
Item (Video) footage showing employees inputting their personal identification code access the doorway from the gate the jet bridge has been blurred
Additionally, one Hare Access Control Badge System Report that included the
Accident/Incident Report documentation otherwise provided item prohibited from
production Sensitive Security Information SSI and therefore exempt from production
under Section 7(1)(a) FOIA, which exempts [i]nformation specifically prohibited from
disclosure federal State law rules and regulations implementing federal State law.
ILCS 140/7(1)(a).
SSI information which protected from public disclosure pursuant U.S.C. 40119(b), U.S.C. 114(s), and C.F.R. part 1520 the Transportation Security Regulations.
particular, the Transportation Security Administration has the authority prohibit the disclosure information obtained developed carrying out security activities determines that
disclosure such information would detrimental the security passengers
transportation. See Public Citizen FAA, 988 F.2d 186 (D.C. Cir. 1993) (affirming the Federal
Aviation Administration authority promulgate sensitive security regulations involving
airport procedures and prohibit disclosure such information). Documents containing SSI
may not released any person entity except provided C.F.R. part 1520.
particular, C.F.R. 1520.9 restricts disclosure SSI only covered persons who have need know, unless otherwise authorized.
The Hare Access Control System Report which details name and employee access badging
information has been determined SSI and not able released since there need
know the information contained the document per the regulations set forth C.F.R.
1520.9.
Please note that other redactions have been made the records described Item
accordance with FOIA, addition the redactions mentioned above pursuant Section
(7)(1)(b).
Specifically, Section 7(1)(c) sets forth [p]ersonal information contained within public records,
the disclosure which would constitute clearly unwarranted invasion personal privacy
shall not disclosed unless the disclosure consented writing the individual subjects the information. Unwarranted invasion personal privacy means the disclosure
information that highly personal objectionable reasonable person and which the
subjects right privacy outweighs any legitimate public interest obtaining the information. ILCS 140/7(1)(c). Because the Aviation Security personnel did not consent have the
information disclosed, the names family and household members, IRS Form W-4, student loan
April 24, 2017
information, health records, and information about outside employment has been excluded
redacted. addition, the names and identifying information witnesses the event have been redacted
pursuant Section 7(1)(d)(iv) FOIA, which exempts, part, information that would
disclose the identity persons who file complaints with provide information
administrative, investigative, law enforcement, penal agencies. ILCS 140/7(1)(d)(iv). addition the aforementioned redactions, personnel evaluations have been withheld from
employees personnel files pursuant the dictates the Illinois Personnel Records Act, which
states that [t]his Act shall not construed diminish right access records already
otherwise provided law, provided that disclosure performance evaluations under the
Freedom Information Act shall prohibited. 820 ILCS 40/11. Because these records are
specifically prohibited from production under State law, they are exempt pursuant Section
7(1)(a) FOIA, which exempts [i]nformation specifically prohibited from disclosure
federal State law rules regulations implementing federal State law. ILCS
140/7(1)(a).
Further, hiring evaluation forms have been withheld from employees personnel records pursuant Section 7(1)(f) FOIA, which exempts preliminary drafts, notes, recommendations,
memoranda and other records which opinions are expressed, policies actions are
formulated[.] ILCS 140/7(1)(f). Because the withheld evaluation forms consist
preliminary opinions and recommendations regarding hiring, they have properly been withheld
under this Section.
Additionally, with respect your request for communications with United Airlines and
Republic Airlines, communications with the Chicago Mayor office, communications with the
press, and communications with any other third parties, are seeking clarification regarding
what records you are seeking when you ask for correspondence. The FOIA provides ILCS
140/3(g) that requests for all records falling within category shall complied with unless
compliance with the request would unduly burdensome for the complying public body and
there way narrow the request and the burden the public body outweighs the public
interest the information.
Because the broadness the phrasing your request for communications with United
Airlines and Republic Airlines, communications with the Chicago Mayor office,
communications with the press, and communications with any other third parties the language
could potentially include myriad documents that would exempt from disclosure pursuant ILCS 140/7(1)(f) which protects [p]reliminary drafts, notes, recommendations, memoranda
and other records which opinions are expressed, policies actions are formulated, except
that specific record relevant portion record shall not exempt when the record
publicly cited and identified the head the public body. Additionally, certain records
could potentially excluded from disclosure pursuant ILCS 140/7(1)(m) which protects
[c]ommunications between public body and attorney representing the public body that
would not subject discovery litigation, and materials prepared compiled for
public body anticipation criminal, civil administrative proceeding upon the request attorney advising the public body
April 24, 2017
Additionally, your request for communications with United Airlines and Republic Airlines,
communications with the Chicago Mayor office, communications with the press, and
communications with any other third parties can interpreted include emails. order
effectively run email search, the CDA needs the names email accounts that you wish
searched. The present system tool set cannot identify the department where email user
works, and therefore, search for emails related this incident would require search emails
for all the City Chicago thousands employees. should noted that email search not able based entire department the City Chicago, for example, all CDA
employees. Moreover, you have not provided the CDA with any key words which you would
like searched. such, your request currently written would result volume emails
that would burdensome produce. The four parameters that would assist the CDA
conducting email search include: (1) the email address the account you wish searched; (2)
key words you wish search for; (3) the email address each individual mailbox, you seek
email correspondence and from two individuals; and (4) the time frame searched.
Without this additional information, your request currently written unduly burdensome
the daily operations the CDA.
Therefore, necessary that your FOIA request for communications with United Airlines and
Republic Airlines, communications with the Chicago Mayor office, communications with the
press, and communications with any other third parties clarified and narrowed. you would
like assistance clarifying and narrowing this portion your request, please contact me, and
will assist you. Otherwise, explained above, this portion your FOIA request
currently drafted, the CDA unable respond the request. you agree clarify and narrow this portion your request, you must submit revised
written request attention. The CDA will take further action send you any further
correspondence unless and until such request narrowed writing. not receive
clarified and narrowed request within fourteen (14) calendar days the date this letter, your
current request will denied. the event that not receive narrowed request and this portion your current FOIA
request therefore denied, you will have right review the Illinois Attorney General
Public Access Counselor, who can contacted 500 Second St., Springfield, 62706
telephone (217) 558-0486. You may also seek judicial review denial under ILCS
140/11 FOIA.
This concludes the CDA response your request.
Sincerely,
Saundra Fried
FOIA Information Officer