John Wayne Gacy Victim Records

February 26, 2020

Riley Andreas
Email: 88312‐requests@muckrock.com

Dear Ms. Andreas,

The Office of the President of the Cook County Board of Commissioners is in receipt of your request for information under the Freedom of Information Act (the “Act”).

On Wednesday, February 19, 2020 we received your request for the following records relating to the victims of John Wayne Gacy:

1. Any files, reports, records or documents that document each victims manner of death, and other details around their cause of death.

Under the Act, a public body may extend the time to respond to a request by up to five (5) business days for a limited number of reasons. 5 ILCS 140/3(e). We are extending the time to respond to your requests by five (5) business days because there is a need for consultation, which shall be conducted with all practicable speed, among two or more components of a public body having a substantial interest in the subject matter of the request. 5 ILCS 140/3(e)(vii).

Please note that Monday, March 3, 2020 is a Cook County holiday. We will respond to your request by Thursday, March 5, 2020.

Thank you for your patience.

Rachel

[cid:image001.png@01CFDC92.32672470]
Rachel Dailey
Administrative Assistant V
Aide to Legal and Government Affairs | Office of the President
69 W. Washington, Suite 1415 | Chicago, IL 60602
(O) 312-603-0002
Rachel.Dailey@cookcountyil.gov<mailto:Rachel.Dailey@cookcountyil.gov>

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail transmission, including all attachments, is confidential information belonging to the sender and the intended recipient, may be protected by the attorney-client privilege or attorney work product privilege, and may constitute non-public pre-decisional FOIA exempt information. This information is ONLY for the intended recipient. If you are not the intended recipient, you are hereby notified that any unauthorized use, disclosure, distribution (electronic or otherwise), copying or the taking of any action in reliance on this information is strictly prohibited. If you have received this transmission in error, please immediately notify the sender of receipt of the e-mail and then destroy all copies (electronic or otherwise) of the transmission and attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege or any other legal exemption from disclosure.)

March 5, 2020

Riley Andreas
Email: 88312‐requests@muckrock.com

Dear Ms. Andreas,

The Office of the President of the Cook County Board of Commissioners is in receipt of your request for information under the Freedom of Information Act (the “Act”).

On Wednesday, February 19, 2020 we received your request for the following records relating to the victims of John Wayne Gacy:

1. Any files, reports, records or documents that document each victims manner of death, and other details around their cause of death.

Pursuant to section 3(e)(vii) of the Act, we extended the deadline to respond to your request, up to and including Thursday, March 5, 2020.

Please be advised that we are in possession of a Report of Postmortem Examination for each of the 30 cases that are responsive to your request.

Section 6(b) of the Act states

[e]xcept when a fee is otherwise fixed by statute, each public body may charge fees reasonably calculated to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the public body to copy records. No fees shall be charged for the first 50 pages of black and white, letter or legal sized copies requested by a requester. The fee for black and white, letter or legal sized copies shall not exceed 15 cents per page.

5 ILCS 140/6(b) (emphasis added). The fees for copies of records prepared by the Office of the Medical Examiner are set forth by both state statute and county ordinance.

Section 4-7001 of the Counties Code authorizes the county to charge the following fees:

1. For a copy of a transcript of sworn testimony: $5.00 per page.

2. For a copy of an autopsy report (if not included in transcript); $50.00.

3. For a copy of the verdict of a coroner's jury: $5.00.

4. For a copy of a toxicology report: $25.00.

5. For a print of or an electronic files containing a picture obtained by the coroner: actual cost or $3.00, whichever is greater.

6. For each copy of miscellaneous reports, including artist's drawings but not including police reports: actual cost or $25.00, whichever is greater.

7. For a coroner's or medical examiner's permit to cremate a dead human body: $50.00.

55 ILCS 5/4-7001. Pursuant to this section of the Counties Code, the Cook County Board of Commissioners enacted sections 38-144 and 32-1 of the Cook County Code of Ordinances.

Section 38-144 of the Code authorizes the county to charge fees for copies of autopsy reports, toxicology reports and miscellaneous reports, with the fees set in section 32-1. Section 32-1 mirrors section 4-7001 of the Counties Code, authorizing the county to charge $50.00 for copies of autopsy reports and $25.00 for copies of toxicology and miscellaneous reports. Neither the Counties Code nor our ordinance contain a fee waiver/reduction provision.

Thus, pursuant to state statute and county ordinance, the total fee for copies of records in our possession responsive to your request is $1,500.00.

If you wish to purchase copies of the records, please note that we do not accept cash or credit cards, only checks or money orders made out to the Cook County Comptroller. Please send your check to the address listed below; in the alternative, you may come to our office to deliver the check and pick up the records.

In the event you do not wish to purchase copies, we will make the records available for you to review. Please contact me to schedule a time that is convenient for you. Please note that neither the state statute nor the county ordinance permit individuals to take any photographs of the records during inspection.

Thank you,
Rachel

[cid:image001.png@01CFDC92.32672470]
Rachel Dailey
Administrative Assistant V
Aide to Legal and Government Affairs | Office of the President
69 W. Washington, Suite 1415 | Chicago, IL 60602
(O) 312-603-0002
Rachel.Dailey@cookcountyil.gov<mailto:Rachel.Dailey@cookcountyil.gov>

PRIVILEGE AND CONFIDENTIALITY NOTICE: This e-mail transmission, including all attachments, is confidential information belonging to the sender and the intended recipient, may be protected by the attorney-client privilege or attorney work product privilege, and may constitute non-public pre-decisional FOIA exempt information. This information is ONLY for the intended recipient. If you are not the intended recipient, you are hereby notified that any unauthorized use, disclosure, distribution (electronic or otherwise), copying or the taking of any action in reliance on this information is strictly prohibited. If you have received this transmission in error, please immediately notify the sender of receipt of the e-mail and then destroy all copies (electronic or otherwise) of the transmission and attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege or any other legal exemption from disclosure.)