Fatal Train Crash: Secrecy In Clarendon Hills

CLARENDON HILLS, IL – Clarendon Hills is keeping secret any messages from residents or others with concerns about a construction project before a fatal train crash.

Late last week, the village denied Patch's public records request for such correspondence in the six weeks before the May 11 crash.

It also rejected the media outlet's request for messages from government agencies after the collision.

In its first denial letter, the village provided a list of exceptions to the state's open records law. Patch then sought a fuller explanation, as state law requires.

In a followup statement, the village said the National Transportation Safety Board, which is investigating the crash, requires that parties in the inquiry not release information.

"Public policy weighs strongly in favor of protecting the integrity of the investigation of transportation-related accidents by the NTSB so that accurate factual investigations can take place," the village said. "This public policy is expressed in the stringent confidentiality provisions imposed on parties to an NTSB investigation, such as the Village, under federal law."

It said once the investigation is done, the village could release communications, unless they fall under other exemptions of the open records law.

The federal agency said the inquiry could take 12 to 18 months.

According to the denial email, the village's executive assistant, Vicki Pries, decided to keep the records secret, with advice from the village's attorney.

Authorities said a Metra train collided with a box truck at the Prospect Avenue crossing. A train passenger, 72-year-old Christina Lopez of Downers Grove, was killed.

The next day, lawyer Steve Jambois, who represents Lopez's family, said construction at the intersection may have caused problems.

"That was an accident waiting to happen," he said. "People were in harm's way quite frequently. I know there were numerous residents who have come forward to make complaints to the city."

The reference to complaints prompted Patch's public records request.

In a statement to Patch afterward, a Clarendon Hills official said blaming the local project for the train crash was "pure conjecture."

After the crash, Clarendon Hills said the project was the state Department of Transportation's, while the department said it was the village's.

Patch asked Jambois about the village's denial of records. He said he was aware of a federal law that can limit public records requests.

"I am sure we will be having a few Court battles on some of these issues," he said in an email.