In my previous post,1 I discussed how the University of Illinois Urbana-Champaign (UIUC) Freedom-of-Information-Act (FOIA) office routinely asserts its inability to search the UIUC email system, or at least an inability to search more than a fraction of that email system. Said fraction undisclosed of course.
As a result, UIUC-FOIA’s laid out a detailed Standard Operating Procedure (SOP) for searching that only admits that someone there is authorized to ask other people to do searches, but not 1) what other people or 2) how or 3) when or on 4) what bases those mysterious others should gather this critical information. Or whether there’s any 5) independent verification of those self-reported disclosures.
Now you might think this scheme of self-reporting could just possibly be ripe for abuse. And you’d of course be right.
So in this post I offer two examples — one relating to a mysterious “two-pager” document given to the Chancellor of UIUC, Phyllis Wise, by a donor angry about Salaita, a document that, when FOIAed, mysteriously seemed to have vanished.
The other example is one from my many unpleasant interactions with UIUC-FOIA, in this case their aiding-and-abetting of the use of a UIUC employee of an abbreviation for my name (“AS” for “Andrew Scheinman”) that allowed him to find no documents he’d sent relating to me under that set of proxy initials. This despite the fact that, as I’ll show, I found by separate FOIA that there was at least one such document he’d sent referring to “AS” in which he reported my whereabouts and business activities for reasons that I will show were (in my opinion) completely malevolent and (in my opinion) extremely petty.
1. Self-reporting and the case of the disappearing donor document.
As I’ve said before, at this point I don’t feel like discussing the Salaita affair in detail, the simple synopsis is that UIUC extended an offer of employment to Salaita, and then withdrew/cancelled/violated this offer2 when Salaita tweeted some rather noxious comments about Israel over the summer of 2014.
FOIAs were filed to get the background on UIUC’s actions, and more particularly the actions of the chancellor of UIUC, Phyllis Wise. Tumbled in among all the emails provided was one Chancellor Wise had sent on 7–24-14 which referred to “two-pager” document of information on Salaita:3
FOIAs were then filed with UIUC-FOIA to obtain this “two-pager” document; UIUC-FOIA then did what it apparently always does — it sent a request to someone else (Chancellor Wise in this case) to find the document.4
And huzzah, although they huffed and they puffed, neither Chancellor Wise nor any of her many staff could find this document. A fact which has now resulted in a lawsuit against UIUC-FOIA for non-production of said document.5
Now as supportive as I am of this lawsuit, I’m not sure it’s the best way to go after the missing information. Specifically, I think the lawsuit is great in that it raises awareness of UIUC’s whole approach to FOIAs — evade, obstruct and, at all costs, don’t provide embarrassing information.
But at the same time, I that UIUC-FOIA probably does have a case here, in that in at least this case they likely really can’t do something simple to obtain the missing document like search the email system — because the document was never on the email system. Not that they can search the email system — remember, they claim they can’t, or can only search a highly limited part of the email system6 — but in this case even if they could do that search, they wouldn’t find the document. And therefore they’re probably on solid ground in saying they did what they could, i.e., they tossed it over the fence to the Chancellor’s office and let them do what they wanted with it.7
Below I’ll discuss what’s probably a better example of likely illicit intent on the part of UIUC-FOIA — illicit intent or at least premeditated negligence. As for the “two-pager” document, My own feeling is that, if Chancellor Wise indeed can’t find this document, why isn’t she reaching out to its original source for a copy, which she can then pass on to UIUC-FOIA for redaction and production? This would certainly demonstrate some desire on Wise’s part to engage in … what’s that word, “civil” discourse over the Salaita affair?8
But I digress.
2. Why UIUC-FOIA’s claimed lack of search ability and SOP lead almost inexorably to abuses of the FOIA process.
My hideously unsubtle point in this post is that UIUC-FOIA has, by design, constructed a system that invites abuse. And when I say “invites” I mean puts up neon signs across town with clear instructions on what to do or not do in order to ensure that whatever nastiness you’re engaging in ends up either exempt from disclosure or, better yet, unavailable for even the most pathetic review for exemption.
Here’s the chain of logic that leads almost inexorably to this conclusion:
- UIUC-FOIA claims an inability to search the email system, where most FOIAed documents are likely to be found; the inescapable result of this claim is that FOIAs have to be passed off to target sources for those sources’s own self-reported disclosures of what they may have emailed, and of course of ancillary documents not present in the email system;9
- UIUC-FOIA makes clear to the target sources that it provides absolutely no oversight or verification of the information the sources provide — in fact, UIUC-FOIA ensures this point by providing no such check in its “Standard Operating Procedure” (SOP) for FOIA responses;10
- UIUC-FOIA concludes that, since there’s no SOP for outsourcing or validation of information provided, it has no reason to even conduct the barest-minium of validation of information they get, and instead just happily throw whatever they obtain over the fence as a valid FOIA response; and,
- Unfortunately, UIUC-FOIAs behavior is apparently sanctioned/encouraged/enabled at the highest levels of UIUC, for the simple reason that it’s a great way to easily prevent the release of information UIUC doesn’t want released.
And please understand, this isn’t just me talking … below I reproduce the Illinois Attorney General’s (“AG’s”) office’s 2011 shocker of a quote on this:
“The University of Illinois steadfastly refuses to comply fully and completely with (Freedom of Information Act) laws and to supply the public with doc– uments it knows are public,” Ann Spillane, [Attorney General] Madigan’s chief of staff, said last week. She said the U. of I. is among the agencies that “repeatedly disobey the law.“11
3. The case of the usefully obfuscating proxy initials.
I now offer up a personal example of this — specifically, the case of the usefully obfuscating proxy initials.
The background is pretty simple — Mr. Jed Taylor is the assistant director of the Technology Entrepreneurship Center (“TEC”) at UIUC.12 He’s a smart guy who’s done a lot for UIUC — unfortunately, to my personal opinion he’s also a bit of a tattle-tale to Ms. Laura Frerichs, amongst other things the head of the UIUC Research Park.13 I’ll come to how I reach this opinion in a minute — for the moment let’s just accept that he and I are not overly simpatico with one another.
Due to some events that I attributed to what in my opinion was clearly premeditated behavior intended to affect my ability to work,14 on 3–31-14 I filed FOIA with the UIUC-FOIA office as follows:15
To Whom it May Concern:
I am filing this FOIA request to seek the following information:
1. All emails and all other correspondence from/to Mr. Jed Taylor in the last year that concern me. Please note that Mr. Taylor may refer to me as “AS” in addition to by my full name, therefore I will expect all documents relating to “AS” “AOS” “Andrew” “Andrew Scheinman” etc.
2. For *each* redaction, a pinpoint citation to the exemption(s) under which this redaction is claimed to have been validly made.
3. For all documents entirely withheld,
a. For *each* such withheld document, a pinpoint citation to the exemption(s) under which the withholding is claimed to have been validly made;
b. For *each* such document, the length of the document, the sender(s), recipient(s), date of transmission, and the date
of receipt.
That same day, Mr. Taylor responded to the UIUC-FOIA office’s forwarding my FOIA on to him:16
All well and good; in fact, I’d go so far as to say laudable, in that Mr. Taylor responded with lightening speed to the UIUC-FOIA office’s request, something that certainly deserves praise. And I also want to make clear that UIUC-FOIA did actually convey close to all of the emails that Mr. Taylor presumably provided them — I haven’t checked but I’d say probably roughly 29 of 30 emails.17
But. Ah well, yes, you knew there was going to be a but, didn’t you. But …
But, that “AS is burdensome” thing. It would certainly make sense, were it not for the fact that I’d already caught Mr. Taylor in flagrante delicto as it were … specifically, as I reproduce below, I’d already obtained evidence by separate FOIA that Mr. Taylor had at least once used my initials “AS” to refer to me in an email of — in my opinion18– extremely suspect content:19
Now this is suspect because why, we might ask, would my whereabouts and activities be of sufficient interest to Mr. Taylor and Ms. Frerichs that he’d feel it necessary to report my doings to Ms. Frerichs?
Well, the answer might have something to do with the fact that Mr. Taylor and Ms. Frerichs apparently didn’t appreciate the fact that I’d filed a number of FOIAs to obtain information about the Research Park — obviously I don’t know the state of mind of either person, so I don’t make this statement of my opinion lightly, nor do I make it without evidence that I think supports it.
Thus we have this statement in another email from Mr. Taylor:20
Well, ha ha ha … I keep filing FOIA requests, I guess that’s enough to make it necessary to track my whereabouts?21
4. Bad behavior begins at the top.
At this point I’d prefer to make a transition from pointing out individual bad/questionable behaviors to pointing out the ultimate at the top.
For UIUC, the top is Chancellor Wise. As I’ve said, the Chancellor could easily obtain another copy of the missing document from the donor she/UIUC won’t name. This would fit perfectly with her own claim to the importance of civility:
As a member of the faculty, I firmly believe that a tenured faculty position at the University of Illinois is a tremendous honor and a unique privilege. Tenure also brings with it a heavy responsibility to continue the traditions of scholarship and civility upon which our university is built.22
But wait, there’s more to it than that. Chancellor Wise could also use the heavy responsibility of her own tenured position at UIUC to bring yet more civility to the university.
How? Why by correcting the misapprehension on the part of some fraction of its employees that FOIAs are not merely something to avoid answering, but rather an excuse to heap criticism on the filer(s).
Don’t believe that UIUC employees hold to that position? Then let me leave you with this piquant quote from the UIUC-FOIA office itself:23
Where exactly did that “FYI — this is the 6th FOIA in a week that Mr.24 Scheinman has submitted” come from? Is there some limit as to how many FOIAs the UIUC-FOIA office think they ought to be forced to accept before those FOIAs start interfering with their real jobs?25
From Dr. Wise’s actions? From the damage-control that UIUC seems to have been in for … gee, for a good long time?
Wherever it came from, it’s certainly not from the Illinois legislature’s statement of the rationale for the Illinois FOIA law, 5 ILCS 140/1:26
Pursuant to the fundamental philosophy of the American constitutional form of government, it is declared to be the public policy of the State of Illinois that all persons are entitled to full and complete information regarding the affairs of government and the official acts and policies of those who represent them as public officials and public employees consistent with the terms of this Act. Such access is necessary to enable the people to fulfill their duties of discussing public issues fully and freely, making informed political judgments and monitoring government to ensure that it is being conducted in the public interest.
The General Assembly hereby declares that it is the public policy of the State of Illinois that access by all persons to public records promotes the transparency and accountability of public bodies at all levels of government. It is a fundamental obligation of government to operate openly and provide public records as expediently and efficiently as possible in compliance with this Act.
Apple pie, motherhood, deep-dish pizza. Chancellor Wise, anything you’d like to do to disseminate civility from your enviable fully-tenured position?
- The UIUC-FOIA office: An absence of written procedures, an office gone rogue. [↩]
- No one agrees on which of the three occurred. [↩]
- I’m not sure of the original FOIA filing, but I extracted this document as page 206 of the 443 page FOIA Response provided by Phan Nguyen to Corey Robin — see Reading the Salaita Papers. [↩]
- The clearest synopsis may be found at Missing Salaita Memo, which provides links to the various FOIA filings and responses. [↩]
- See, e.g., News-Gazette-11–17-14. For a rather more disheartening discussion, see, e.g., Salaita FOIA Suit and some of the links cited therein. For a copy of the Complaint, see Salaita FOIA Complaint (pdf). [↩]
- This part being so secret they won’t discuss it. [↩]
- Nothing? [↩]
- See Chancellor’s Blog. [↩]
- I suppose I’m just a cynic for thinking that, whatever the small chances there might be of emails being disclosed, there’s essentially no chance at all of disclosure of documents not in the email system. Chancellor Wise’s inability to find the “two-pager” a case in point. [↩]
- See my earlier blog post (The UIUC-FOIA office: An absence of written procedures, an office gone rogue.) in which I provided UIUC-FOIAs “written procedure” for FOIAs that they produced in response to my repeated FOIAs to obtain this procedure. [↩]
- Chicago-Tribune-4–2-11 [↩]
- See, e.g., TEC — Mr. Jed Taylor. [↩]
- Laura Frerichs. [↩]
- This is my opinion. I venture to say that it’s much more than an opinion, but for legal purposes let’s just leave it as an explicit statement that it’s my opinion, and not at this point a proven fact. [↩]
- This FOIA was designated FOIA 14–252 by UIUC-FOIA. [↩]
- See 14–252.Documents.Final page 1. [↩]
- At present it appears at least one email was not provided to me by UIUC-FOIA — I’ve filed a followup FOIA with them to determine why. It’s interesting to me that the title of the missing email suggests it’s linked to a repeated misstatement by UIUC legal counsel that I want to sue UIUC; my guess is that, if there was something nefarious going on, it would be that UIUC wanted to obscure this breech of legal privilege. But at this point all of this is (mostly) mere speculation on my part. Stay tuned … [↩]
- Again, it’s prudent of me to emphasize that it’s only my opinion that people keeping track of my whereabouts and reporting said whereabouts to other people is … not kosher. Is that a fact? Don’t know, again it’s certainly my opinion. A rose is a rose is a rose is a rose. And an opinion is an opinion is an opinion is an opinion. [↩]
- As I recall, this email is from the UIUC-FOIA production 14–134. Note that I’ve added the red redactions as a courtesy; the bright purple is simply there to catch the eye. And because I like purple. [↩]
- Note that I’ve added the red redactions as a courtesy. This email is from the UIUC-FOIA FOIA production 14–252. [↩]
- Note that I will be perfectly happy to have my opinions on the motivations of the parties involved corrected by them. I am the first person to admit I am often wrong; on the other hand, silence does not provide illumination, now does it? IMHO. [↩]
- See Chancellor’s Blog. [↩]
- From the UIUC-FOIA FOIA production 14–252. [↩]
- Strictly speaking, it’s actually Dr. Scheinman. Really, since I have both a Ph.D. and a J.D. it’s Dr. Scheinman, esq. But that moniker’s just silly. [↩]
- I have no idea what those real jobs might be; I do admit that it’s interesting to me that a lot of them seem also to be involved in PR for UIUC. Not that that’s a conflict of interest or anything. [↩]
- Illinois FOIA Law [↩]
