Fufilled - Attorney-client privilege communication withheld
Attached are the responsive documents. The responsive records are redacted pursuant to 5 ILCS 140/7(1)(m) and 5 ILCS 140/7(1)(f) as opinion documents.
The City of Evanston retained outside bond counsel, Chapman and Cutler, LLP, to represent the City in financial matters for bond issuance and debt. The communication requested is between outside counsel and the City’s Chief Financial Officer in his capacity as the Chief Financial Officer. The municipal corporation has not waived its attorney-client privilege regarding this communication and therefore the communication cannot be released pursuant to 5 ILCS 140/7(1)(m). “Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with the respect to internal audits of the public bodies.”
The communications between the City’s CFO and its outside counsel for legal advice pertaining to the bond issuance would not be subject to discovery in litigation as it is exempt for attorney-client privilege. The Illinois Attorney General’s Office gave a binding opinion regarding attorney-client privilege. See PAC 12-005.
The attorney-client privilege applies to communications:
(1) where legal advice of any kind is sought, (2) from a professional legal advisor in his capacity as such, (3) the communications relating to that purpose, (4) made in confidence, (5) by the client, (6) are permanently protected, (7) from disclosure by himself or the legal advisor, (8) except the protection be waived.
See Id.; Illinois Education Association v. Illinois State Board of Education, 204 Ill. 2d 456 (2003).
Furthermore, “the privilege extends to both communications from a client to an attorney and from an attorney to a client.” Id.; Midwesco-Paschen Joint Venture for Viking Projects v. Imo Industries, Inc., 265 Ill. App. 3d 654 (1994).
Assistant City Attorney
You have the right to file a request for review of the response by contacting the Public Access Counselor of the Illinois Attorney General at 500 South 2nd Street, Springfield, Illinois 62706, or by telephone at (217) 558-0486. In addition, you have the right to seek judicial review of this denial.