Bensenville claims candidate's request are harassment

Just weeks before the election, village officials in Bensenville are accusing a local candidate of intentionally harassing its staff with a barrage of cumbersome requests for information.

In a recent lawsuit, the village asked a DuPage County judge to find JoEllen Ridder's requests in violation of the Freedom of Information Act and to bar her from filing further "broad, repetitive and vague" inquiries.

The suit said Ridder sought 35 FOIA requests between Dec. 29, 2008 and Feb. 18 - 19 of which came in one 24-hour period. The law states government bodies must respond within seven business days, with some exceptions.

So far, village officials spent hundreds of hours, $5,300 in attorney consulting fees and generated more than 500 pages of documents just to respond to 24 of Ridder's requests, according to the lawsuit, which accuses the clerk candidate of "intentional harassment."

"The village truly believes this is an abuse of what the act was intended for," said Thomas W. Good, one of the village's attorneys.

The lawsuit was filed earlier this month, but lawyers won't appear in court for the first time until July 2 - well after the April 7 election. DuPage Circuit Judge Bonnie Wheaton will hear the suit.

Ridder is opposing incumbent Village Clerk Carole Crowe Mantia while running with a slate of "Change 4 Bensenville" candidates, led by local attorney Frank Soto. Soto is challenging Village President John Geils for the top post.

Ridder and Soto said the suit is just a ploy by Geils and his administration to delay the release of information until after the election. They said Ridder has paid all fees as required under the FOIA law and that the information should be readily available.

"It is sad that the present administration would rather file a lawsuit at taxpayer expense than answer a citizen's request," Ridder said. "It makes you wonder what they are hiding that they feel they cannot reveal."

Added Soto: "The stalling and evading tactics by the village, in response to simple requests for information, is symptomatic of an administration that is shrouded in secrecy. It is unconscionable that a citizen is sued for asking for information that the village is required to make public."

Among her requests, Ridder sought to learn how much the village has paid lawyers in its fight against O'Hare expansion, for Suburban O'Hare Commission membership, and for certain real-estate dealings, such as the Legends of Bensenville Golf Course. Ridder also sought annual financial and treasurer reports, graphic, media consulting and printing costs, plus records detailing village employees, water customers, overcrowding property violators, and those awarded village home improvement grants.

"It's not an easy task," Village Manager Jim Johnson responded. "We're simply asking that we get a reasonable amount of time to respond."

This isn't the first time court action has arose in Bensenville regarding the release of information. Last year, a group of Bensenville property owners successfully asked DuPage Circuit Judge Kenneth Popejoy to intervene for their rejected FOIA requests regarding a proposed $46 million special tax assessment. Popejoy also ordered the village to pay the property owners' nearly $22,000 attorney fees and other costs.