Illinois Village of South Holland: Discriminatory Practices 2nd letter

Update: September 9, 2008

On August 27, 2008 I updated my request to view the water bills of other residents in South Holland, being more "specific" as requested by the attorneys for the Village of South Holland. On September 9, 2008 I received another letter of denial stating in part "...Please be advised that pursuant to 5 ILCS 140/7b, the Village of South Holland will not provide information to you on individual water bills because this is an invasion of the individual's privacy...." This is absurd. The Village of South Holland could have "blacken" out the names of these individuals, leaving the addresses clear.

I called the attorney who signed this letter, who is Timothy Lapp. I asked him how was I supposed to examine documents to see if I am being discriminated against by the Village of South Holland. Lapp told me that I would have to ask my neighbors or the people of the addresses I submitted to write a letter giving me permission to review their water bills. In other words, Lapp told me I was not going to get anything to assess if I am being discriminated against by the Village of South Holland. This is what I requested and the words I used:

I, Fred Nance Jr., respectfully request to inspect the following records of the South Holland Water Department to determine if similarly situated residents of South Holland are receiving "Water Shut-Off Notices" due to being late for 1 month's billing cycle and the current month. The following water bills are requested for a 6-month period, February 2008 to July 2008: 17258 Thornwood Drive, 17245 Evans Avenue, 17234 Evans Avenue, 17309 Parkside, 528 Thornwood Dr., 548 Thornwood Dr., 620 Thornwood Dr., 636 173rd St., 17249 Langley, 17233 School St., and 17160 School St.

Update: August 18, 2008

On or about August 14, 2008 I received a letter from the South Holland Attorney law firm of Hiskes, Dillner, O'Donnell, Marovich and Lapp. Their letter dated August 13, 2008 states, in part, "...Your request is denied since specific documents are not requested...." They also go on with how the South Holland "water billing" system is automated. I guess this will excuse the behavior of the Village of South Holland. Nevertheless, the statement issued in this letter will not suffice. I have gotten bills totaling what they believe is their cap where Village residents receive "shut-off" notices. I did not receive "shut-off" notices for these bills. I will submit another request through the Freedom of Information Act with more "specific" details of documents. The "first" request is below.

August 6, 2008

Mr. Don DeGraff, Mayor of South Holland
16226 Wausau Ave.
South Holland, Illinois 60473

Re: Water Shut-Off Notice

Mr. DeGraff:

On August 5, 2008 I received a “water shut-off notice” for a past due amount of $59.93 and a current amount of $50.97. On August 6, 2008 I filed with the Village of South Holland a request for public records under the provisions of the Freedom of Information Act (F.O.I.A.). This appears to be discriminatory, intimidating and threatening practice.

This request states: “I respectfully request the Village of South Holland Illinois give access to Fred Nance Jr. to inspect the records of the Water Department for the purpose of assuring equal access and for determining if discriminatory practices are occurring with residents of the Village of South Holland in receiving “water shut-off notices” due to being late for 1 month’s billing without receiving a regular bill with the past (1 month’s billing) and the current (1 month) charge.”

On December 2, 2005 I wrote a letter to Mayor DeGraff about this same practice. The mayor failed to respond to my correspondence. The letter stated in part “…On December 2, 2005, I received “a bright red letter” stating, “Water Shut-off Notice” from the Village of South Holland. It reports I have a past due balance of $36.73, and a current balance of $33.68. The notice states, in part, “If the Total Now Due is not paid in full by the 20th of the month, your water service will be automatically suspended within 48 hours without further notice.” Sir, the current balance of $33.68 is not due until December 20, 2005, yet your letter infers we owe this balance now… The Village of South Holland reports my past due balance of $36.73 is from October 21, 2005 to November 20, 2005. The Village of South Holland reports my current balance is $33.68. This $33.68 must cover the period of November 21, 2005 to December 20, 2005. The Village of South Holland has determined my family deserves a “Water Shut-off Notice” because of the above. I am sure everyone living in South Holland with similar water bills has not received a “Water Shut-off Notice.” This “Water Shut-off Notice” is not signed.”

I request a response to my letter of December 2, 2005 and this correspondence, and access to the records requested through Freedom of Information Act.

Thank you.

Fred Nance Jr.

cc:

http://clickforjusticeandequality2.blogspot.com/, http://clickforjusticeandequality.wordpress.com/, www.frednance.newsvine.com/