The Chicago Tribune filed a lawsuit Thursday alleging that Mayor Rahm Emanuel violated state open records laws by refusing to release communications about city business conducted through private emails and text messages.
The lawsuit, filed in Cook County Circuit Court, asks a judge to order the mayor to comply with a state Freedom of Information Act request from the Tribune and produce the documents. The lawsuit also seeks to have Emanuel declared in violation of the Illinois Local Records Act for failing to preserve emails and texts he sent or received while doing city business.
The lawsuit claims that, in recent years, Freedom of Information Act requests from the Tribune to the mayor's office "have been met with a pattern of non-compliance, partial compliance, delay and obfuscation." Emanuel's use of private phones and personal email, the lawsuit alleges, allows the mayor to do the public's business without scrutiny and contributes to a "lack of transparency."
The lawsuit is the second the news organization has filed against the Emanuel administration in recent months. In June, the Tribune sued the mayor's office over its refusal to produce some email chains related to a multimillion-dollar no-bid Chicago Public Schools contract now at the center of a federal criminal investigation.
"We are seeking the release of public records on matters of great interest to citizens, but the city refuses to divulge them," Tribune Editor Gerould Kern said in a statement. "Regrettably, the city's denial is part of a pattern of resistance to releasing public documents covered by the Illinois Freedom of Information Act. We are compelled, therefore, to go to court for the second time in three months to force the city's compliance."
Emanuel, appearing Thursday night on WTTW-Ch. 11's "Chicago Tonight," said he had not yet studied the lawsuit but insisted that "we always comply and work through all of the Freedom of Information (requests) in the most responsive way possible."
Chicago Tribune files lawsuit against Mayor Rahm Emanuel regarding email use. Sept. 24, 2015. (WGN-TV)
Asked if he allows government business to be conducted on private email accounts, he said, "I have a practice that my political and personal stays on my private email, and city business is on the government, and that's the way I operate."
The use of personal email and text messages by government officials is raising growing concern across the country from advocates for government transparency, who say the officials use them to circumvent so-called sunshine laws and avoid scrutiny of the media and the public.
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