East Central Reporter

Cody Brands has initiated a Freedom of Information Act (FOIA) lawsuit against Shelby County and its dive team, filed on December 23, 2024. This legal action is supported by The Coalition Opposing Governmental Secrecy (COGS), with attorneys Adam Florek and Edward "Coach" Weinhaus from FOIASolved providing assistance.

A motion to dismiss the complaint was submitted by the law firm HEYL, ROYSTER, VOELKER & ALLEN, P.C., represented by Keith Hill from their Edwardsville office. It remains unclear if the county's insurance covers this legal expense or if they were appointed as special assistant state attorneys.

The motion argues for dismissal on several grounds: “5. Plaintiff’s Complaint should be dismissed pursuant to Section 2-619 because (1) Defendant Shelby County Dive Team is not a ‘public body’ as defined by FOIA; (2) even if Defendant Shelby County Dive Team was a ‘public body’ subject to FOIA, the FOIA requests at issue were sent to an invalid email address and never received by any member of the Shelby County Dive Team; and (3) all requests sent to entities other than the Shelby County Dive Team were answered and all responsive documents were produced.”

Further details indicate that “8. The Shelby County Dive Team is a volunteer organization under the supervision of the Shelby County Public Safety Committee. While established by Resolution of the Shelby County Board, the only control the Shelby County Board exerts over the operations of the Shelby County Dive Team is the appointment of a commander by the Shelby County Board Chair.”

However, historical documentation suggests otherwise. A federal lawsuit filed in Michigan in 2011 described the dive team as “a division of the Shelby County government.” This position was affirmed through various documents including a settlement agreement involving former officials.

Additionally, recent opinions from an Attorney General case in Madison County regarding non-profits being considered subsidiaries to public bodies are pertinent. The Supreme Court case cited states: “Courts have considered four primary factors in determining whether an entity is a ‘subsidiary body’ of a public body...” However, it appears that one factor concerning public funding was omitted from consideration in this case.

Regarding email communication issues raised in the motion to dismiss, it’s noted that Cody Brands sent a FOIA request on November 1, 2024, using what he believed was an official email address for Austin Prichard. Discrepancies arise over whether this address was indeed valid at that time.

Moreover, claims about limited county control over the dive team have been contested. Evidence suggests extensive oversight authority exists beyond merely appointing commanders.

Questions remain about why requested information hasn’t been disclosed and why taxpayer resources are being used for litigation instead of resolving straightforward records requests.

The court’s decision on this matter is awaited with interest.