By Illinois Review
With Election Day just days away, Lyons Township Clerk Elyse Hoffenberg is facing renewed scrutiny after acknowledging in an official government letter that her office failed to respond to a legally required public-records request because of what she described as an “administrative oversight.”
Hoffenberg, the Democratic nominee for Cook County Board’s 17th District, is running against Republican Liz Gorman in Tuesday’s election.
And her explanation raises serious questions about how she handles her current responsibilities.
In an October 21 letter to attorney Christine Svenson, representing government watchdog Judicial Watch, Hoffenberg acknowledged that an August 31 Freedom of Information Act (FOIA) request had gone unanswered.
“Upon reviewing this matter, I discovered that your client’s original request had been inadvertently overlooked as a result of an administrative oversight,” Hoffenberg wrote.
She continued, “I sincerely regret that the request was not addressed within the time prescribed by the Illinois Freedom of Information Act.”
What makes Hoffenberg’s explanation particularly noteworthy is that she is also a licensed attorney.
As both an attorney and the township’s designated FOIA officer, Hoffenberg holds two roles in which understanding legal obligations and deadlines is especially important. Yet her own letter acknowledges that a public-records request went unanswered for approximately seven weeks.
Under Illinois law, public bodies generally must respond to FOIA requests within five business days unless a legally permitted extension applies.
The August 31 request would ordinarily have required a response by September 8. Instead, according to Hoffenberg’s letter, the requested surveillance footage was not delivered until October 20 – 50 calendar days after the original request and approximately six weeks beyond the ordinary statutory deadline.
In other words, responding to these requests is part of her job. And by her own admission, the request was overlooked.
The records involved surveillance footage showing Hoffenberg, who is married, and Bridgeview Mayor Steven Landek kissing after hours inside her township government office, along with related public documents.
Judicial Watch filed a lawsuit against Lyons Township alleging officials failed to respond to its FOIA request.
Hoffenberg now maintains that the delay was unintentional and not an effort to conceal records. Her letter states that the surveillance footage was successfully transmitted and accepted by Judicial Watch’s representative on October 20.
She argues that subsequent production of records eliminates the need for a court order compelling their release and seeks voluntary dismissal of those claims.
However, questions involving attorney fees, litigation costs and potential statutory penalties may remain. That could leave Lyons Township taxpayers facing legal expenses over a records request Hoffenberg admits her office failed to address on time.
The controversy follows months of disputes involving surveillance footage and the township clerk’s handling of public information.
Still, her admission raises an important question about administrative accountability.
If a legally mandated public-records request can be “inadvertently overlooked” by an attorney and elected official responsible for handling it, what safeguards are in place to prevent similar failures?
And as Hoffenberg seeks a seat on the Cook County Board, where commissioners oversee major government expenditures and public policy, the question becomes even more relevant:
What else could be “inadvertently overlooked” if she’s elected county commissioner?
