§ 2-8. Access to public records under the Freedom of Information Act.
(a)
Summary and purpose. This policy governing access to public records under the Freedom of Information Act (hereinafter referred to as the "policy") is established to implement the provisions of the Freedom of Information Act (5 ILCS 140/1 et. seq.). The purpose of this policy is to support the policy of providing access to all persons to public records and to promote the transparency and accountability of public bodies at all levels of government while also protecting against unwarranted invasion of personal policy and maintaining administrative efficiency.
(b)
Definitions. The following words, terms and phrases, when used in this policy shall have the meanings ascribed to them in this section:
Commercial
purpose shall have the same meaning as that term is defined in Section 2 of the Freedom of Information Act, as amended (5 ILCS 140/1 et. seq.).
FOIA
shall mean the Freedom of Information Act, as amended (5 ILCS 140/1 et. seq.).
Private
information shall have the same meaning as that term is defined in Section 2 of the Freedom of Information Act, as amended (5 ILCS 140/1 et. seq.).
Public
access counselor shall mean the attorney in the state attorney general's office whose responsibility it is to ensure that public bodies comply with the Illinois Freedom of Information Act, as amended (5 ILCS 140/1 et. seq.) and the Illinois Open Meetings Act, as amended (5 ILCS 120/1 et. seq.).
Person
shall mean any natural person, corporation, club, partnership, firm, company, organization or association, acting individually or as a group.
Public
records shall have the same meaning as that term is defined in Section 2 of the Freedom of Information Act, as amended (5 ILCS 140/1 et. seq.).
Requester
shall mean a person who submits a request for public records in accordance with this policy.
(c)
Appointment and responsibilities of freedom of information officers.
(1)
Except for those requests for public records relating to the city police department, the city clerk is hereby appointed and designated as the FOIA officer of the city. In the event the city clerk is absent from the city for personal reasons, on account of city business, or is otherwise unable to perform the duties and responsibilities of the FOIA officer, the deputy city clerk shall serve as the acting FOIA officer and carry out the duties of the FOIA officer during the city clerk's absence.
(2)
For all requests for public records relating to the city police department, the city police department secretary is hereby appointed and designated as the FOIA officer of the city. In the event the police department secretary is absent from the city for personal reasons, on account of city business, or is otherwise unable to perform the duties and responsibilities of the FOIA officer for the police department, the city police department technical assistant shall serve as acting FOIA officer and carry out the duties of the FOIA officer for the police department during the police department secretary's absence.
(3)
All requests for public records received by the city shall immediately be forwarded to the responsible FOIA officer.
(4)
FOIA officers shall be responsible for receiving requests for public records submitted to the city, ensuring that the city responds to said requests in a timely fashion, and issues to said requests pursuant to the provisions of this policy. FOIA officers shall also be responsible for the development of the list of public records that the city maintains which shall be made available pursuant to subsection (h) of this section.
(5)
Annual training. All FOIA officers shall, on or before June 30, 2010, successfully complete an electronic training curriculum to be developed by the public access counselor and shall thereafter successfully complete an annual training program. Whenever a new FOIA officer is designated by the city, that person shall successfully complete the electronic training curriculum within thirty (30) days after assuming the position.
(d)
Procedures for requesting public records.
(1)
Except for those requests for public records relating to the city police department, all requests for public records shall be delivered in person, by U.S. mail, or by facsimile to the following address:
City of Effingham, Illinois
FOIA Officer
201 E. Jefferson Avenue
Effingham, Illinois 62401
Facsimile: 217-347-2675(2)
For all requests for public records relating to the city police department, all request for public records shall be delivered in person, by U.S. mail, or by facsimile to the following address:
City of Effingham Police Department
City of Effingham, Illinois
FOIA Officer
201 E. Section Avenue
Effingham, Illinois 62401
Facsimile: 217-342-5345(e)
Method of requests.
(1)
Requests for public records made in accordance with the FOIA and this policy shall be made in writing. These requests may be submitted on FOIA requests forms provided by the city, a copy of which is attached as exhibit [B], or as updated from time to time.
(2)
All requests for public records shall contain the following:
a.
The requester's full name, address and phone number;
b.
A description of the specific public records being sought;
c.
Whether the request is the copies or inspection of public records;
d.
Whether the request for public records is to be used for a commercial purpose; and
e.
Whether the requester wants to pick up the FOIA officer's response at city hall or the police department, or have it mailed to the requester.
(3)
FOIA officer responsibilities upon receipt of request. Upon receiving a request for public records, the responsible FOIA officer shall:
a.
Note the date the city received the written request;
b.
Compute the day on which the period for response to said written request will expire and make a notation of that date on the written request;
c.
Maintain an electronic or paper copy of a written request, including all documents submitted with the request until the request has been complied with or denied; and,
d.
Create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of all other written communications.
(f)
Responses to request for public records.
(1)
Time requirements for response.
a.
The first business day after a written request for public records is received shall be the commencement date of the city's response time as required by Section 3 of the FOIA. The responsible FOIA officer shall respond to a written request for public records within five (5) business day after the receipt of such request, except for requests for public records to be used for a commercial purpose which shall be governed by subsection (f)(2) of this section. The time for response by the city may be extended by the city for not more than five (5) business days from the original due date for any of the following reasons:
1.
The requested public records are stored in whole or in part at other locations than the office having charge of such requested public records;
2.
The request requires the collection of a substantial number of specified public records;
3.
The request is couched in categorical terms and requires an extensive search for the public records responsive to it;
4.
The requested public records have not been located in the course of routine search and additional efforts are being made to locate them;
5.
The requested public records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are except from disclosure under Section 7 of the FOIA (5 ILCS 140/7) or should be revealed only with appropriate deletions;
6.
The request for public records cannot be complied with by the city within the time limits prescribed by this subsection without unduly burdening or interfering with the operations of the city; or
7.
There is a need for consultation, which shall be conducted with all practicable speed, with another public body as defined by the FOIA or among two (2) or more components of the city having a substantial interest in the determination or in the subject matter of the request.
b.
Notice of extension. If a request for public records cannot be responded to within five (5) business days after the receipt of such a request, the responsible FOIA officer shall notify the requester in writing the reasons(s) for the extension and the date by which the response will be forthcoming.
c.
Agreement for extension. The requester and the city may agree in writing to extend the time for compliance for a period to be determined by the parties.
d.
Failure to respond within required time If the city fails to respond to a request for public records within the requisite periods as provided for in subsection (f)(1) of this section, but thereafter provides the requester with copies of the requested public records, the city may not impose a fee for such copies. Furthermore, if the city fails to respond to a request for public records may not treat the request as unduly burdensome under subsection (g) of Section 3 of the FOIA (5 ILCS 140/3).
(2)
Time requirements for response for requests to be used for a commercial purpose. The first business day after a written request for public records to be used for a commercial purpose is received shall be the commencement date of the city's response time as required by Section 3 of the FOIA (5 ILCS 140/3). The responsible FOIA officer shall respond to a written request for public records to be used for a commercial purpose within twenty-one (21) business day after the receipt of such request. Notwithstanding the foregoing, unless the public records are exempt from disclosure, the city shall comply with a request for public records to be used for a commercial purpose within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes.
(3)
Permissible responses to written requests.
a.
The responsible FOIA officer shall respond to requests for public records in one or more of the following ways:
1.
Approve the request;
2.
Advise the requester that no document(s) can be found and/or exist;
3.
Deny the request pursuant to one or more of the exemptions set out in the FOIA; or
4.
Approve the request in part and deny the request in part.
b.
Approval of request. Upon approval of a request for public records, the city may immediately provide the requested public records, give notice that the requested public records shall be made available upon payment of the applicable fee(s), or give notice of the time and place for inspection of the requested public records.
c.
Denial of request.
1.
Notice of denial. Upon denial of a request for public records, either in whole or in part, the responsible FOIA officer shall notify the requester in writing of the decision to deny the request for public records, the reasons for denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial. When the request for public records is denied on the grounds that the public records are exempt under Section 7 of the FOIA, the notice of denial shall specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to supporting legal authority. Each notice of denial shall also inform the requester of his or her right to review by the public access counselor and provide the address and phone number for the public access counselor. Each notice of denial shall further inform the requester of his or her right to judicial review under Section 11 of the FOIA.
2.
Denial under subsections (1)(c) or (1)(f) of the FOIA. If the responsible FOIA officer denies a request for public records in whole or in part based on an assertion that the requested public records are exempt under subsections (1)(c) or (1)(f) of Section 7 of the FOIA (5 ILCS 140/7), that responsible FOIA officer shall, within the time period provided for responding to a request, provide written notice to the requester and the public access counselor of its intent to deny the request in whole or in part. The notice shall also include the following:
i.
A copy of the request for access to public records;
ii.
The proposed response from the city; and
iii.
A detailed summary of the city's basis for asserting the exemption.
3.
Record keeping requirements—Notice of denial. Copies of all notices of denial shall be retained by the city in the office of the city clerk in a single central office file that is open to the public and indexed according to the type of exemption asserted and, to the extent feasible, according to the types of public records requested.
4.
When a request is made to inspect or copy a public record(s) that contains information that is exempt from disclosure under Section 7 of the FOIA (5 ILCS 140/7), but also contains information that is not exempt from disclosure, the city may elect to redact the information that is exempt. The city shall, however, make the remaining information available for inspection and copying as provided for herein.
5.
Repeated requests. Repeated requests from the same person for the same public records that are unchanged or identical to public records that have previously provided or properly denied under FOIA shall be deemed unduly burdensome.
d.
Categorical requests for public records. Requests calling for all public records within a category shall be complied with unless compliance with the request would be unduly burdensome for the city and there is no way to narrow the request and the burden on the city outweighs the public interest in the information. prior to denying a categorical request for public records, the responsible FOIA officer shall extend to the requestor an opportunity to confer with said FOIA officer in an attempt to reduce the request to manageable proportions. If the FOIA officer proceeds to respond to a categorical request by stating that compliance would unduly burden the city's operations and the conditions above are met, the FOIA officer shall do so in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance will so burden the operations of the city. Furthermore, such a response shall serve as a denial of the request for public records and the requirements of [subsection (f)(3)] of this section shall be complied with.
e.
Requests for public records in electronic format. When a person requests a copy of a public record maintained by the city in an electronic format, the responsible FOIA officer shall furnish it in the electronic format specified by the requester, if feasible. If it is not feasible to furnish the requested public records in the specified electronic format, then the responsible FOIA officer shall furnish it in the format in which it is maintained by the city, or in paper format at the option of the requester.
(g)
Fees for copies of public records.
(1)
Fees. Pursuant to Section 6 of the FOIA (5 ILCS 140/6), the city is given the authority to charge fees reasonably calculated to reimburse its actual cost for reproducing and certifying public records and for the use, by any person of the equipment of the city to copy public records. Fees for copies of public records shall be assessed in accordance with the fee schedule for duplication of public records, as amended from time to time. A copy of the fee schedule for duplication of public records is attached hereto and incorporated as if fully stated herein as exhibit B. Unless otherwise waived pursuant to subsection (g)(2) of this section, all fees must be paid in advance or the public records being made available to the requestor.
(2)
Waiver of fees. The responsible FOIA officer is given the authority to grant a waiver or reduction of fees for copying public records if the requester's stated purpose is in the public interest. Waiver or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety, welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit. For purposes of this paragraph, "commercial benefit" shall not apply to requests made by news media when the principal purpose of the request is to access and disseminate information regarding the health, safety, and welfare or the legal rights of the general public. In setting the amount of the waiver or reduction, the responsible FOIA officer may take into consideration the amount of materials requested and the cost of copying them.
(h)
General materials available. The city, through the city clerk's office shall prominently display, make available for inspection and copying, at no charge, and send through the U.S. mail if requested, the following materials:
(1)
A brief description of the means for requesting information and public records, a directory designating the FOIA officers, the address(es) whereby requests for public records should be directed, and any fees allowable under Section 6 of the FOIA (5 ILCS 140/6) as also provided for in subsection (g) of this section.
(2)
A brief description of the organizational structure and budget of the city as well as all other information as required by Section 4 of the FOIA (5 ILCS 140/4).
(3)
A list of public records by classification maintained by the city, as may be updated from time to time.
The city shall also post the above-listed materials on its website.
Exhibit B
CITY OF EFFINGHAM
201 E. Jefferson Ave., Effingham, IL 62401
City Clerk Phone: (217) 342-5301 Fax: (217) 347-2675
FREEDOM OF INFORMATION REQUEST
To Be Completed by Requester
Name: _____ Address: _____ Telephone Number: _____ I, the undersigned, do hereby request to □ examine and/or □ copy (check appropriate blank) those records maintained by the City of Effingham which pertain to: (Please specify department and records sought.) _____ _____ _____ I have read and understand the fees set forth in the "Schedule of Duplication" which is set forth on the reverse side of this form. At my request, copies may be mailed to me via certified mail at $5.32 for the first ounce and $.17 per each additional ounce. I also understand that all fees must be prepaid. I do □ do not □ want the copies mailed to me at the above-listed address. This request for records is for a commercial purpose*? Yes □ No □
*It is a violation of the Freedom of Information Act for a person to knowingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose. (5 ILCS 140/3.1(c))_____
Signature_____
DateThe City of Effingham will respond to the above request within five (5) working days from the date of receipt unless one of more of the seven (7) reasons for an extension of time provided for in Section 3(d) of the Act are invoked by the City. To Be Completed by Office
Date Request Received: _____
Cost: Copies: _____
Certification: _____
Certified Mail: _____
Total Cost: _____Date Records either Personally Given________ or Mailed________ Denied/Reason Why _____ Deferred/Reason Why _____ _____
Employee Signature_____
DateSCHEDULE FOR DUPLICATION OF PUBLIC RECORDS
GENERAL
(All Departments Except As Otherwise Listed Below)Copying Per page (after the first 50 pages) $0.15
Certification Per document $1.00 Audit Report Per document $25.00 Comprehensive Plan Per document $20.00 BUILDING OFFICIAL'S OFFICE
Zoning Ordinance Per document $7.50 ENGINEERING DEPARTMENT
Large Copies Color $1.25/Sq. Ft. B and W $1.00/Sq. Ft. Large Prints Color $1.25/Sq. Ft. B and W $1.00/Sq. Ft. Scanning — any size To 3.5 disc $1.00 + $1.00 per sheet or .50 per lineal ft. Scanning — any size To CDR or CDRW $2.00 + $1.00 per sheet or .50 per lineal ft. 8½ times; 11 copies or prints Color $0.25 per sheet BandW $0.15 per sheet Blueline copies Roll stock $.50 per lineal foot (36" or 42" wide) Cut sheets (24" andtimes; 36") $1.00 per sheet Electronic copies (.pdf) $5.00 first sheet $5.00 all additional sheets ($10.00 maximum charge) POLICE DEPARTMENT
Accident Report Per document (after the first 50 pages) $0.15 Incident Report Per document (after the first 50 pages) $0.15 Cassette Tape/CD Per cassette tape Actual cost of reproduction Photograph (35mm) Per photo Actual cost of reproduction Photo CD Per CD Actual cost of reproduction Digital photo Per photo Actual cost of reproduction Video tape/DVD Per video tape Actual cost of reproduction
(Ord. No.4-2010, §§ II, III, 2-16-2010)