[Adopted 2-22-2010 by Ord. No. 10-02]
To the extent and as required by Public Act 96-542, this municipality
shall appoint one or more officials or employees to act as FOIA officers.
The duties of the FOIA officer are to receive requests that are submitted
to the municipality to ensure the municipality responds in a timely
manner and to issue the necessary responses.
Each FOIA officer must successfully complete a training curriculum
developed by the Attorney General's Office by July 1, 2010, and annually
thereafter. If a new FOIA officer is appointed after that date, then
he or she must complete the initial training within 30 days after
assuming the position.
The following information must be posted regarding the Freedom
of Information Act Procedures of the Village of Harristown, Illinois:
(A)
Summary of the purpose of the municipality.
(B)
A block diagram giving the municipality's functional subdivisions.
(C)
The total amount of the municipality's operating budget.
(D)
The number and location of all of the municipality's separate offices.
(E)
The approximate number of all full-time and part-time employees.
(F)
The identification and membership of any municipal board, commission,
committee or council.
(G)
A description of methods by which the public may request information
in public records.
(H)
A directory of the municipal FOIA officers.
(I)
Any fees for records under FOIA.
(A)
Form of request. The request intake requirement is that the record
request must be made in writing, directed to the Village of Harristown,
submitted to the Village in person, by mail, by telefax or by other
delivery method available. The standard Village of Harristown request
form may be used by the requester, but shall not be required to be
used.
(B)
FOIA officer's duties.
(1)
Note the date upon which the district receives the written request.
(2)
Compute the day on which the period for response will expire
and note that date on the written request.
(3)
Maintain an electronic or paper copy of a written request along
with all documents submitted with the request until the records have
been disclosed or the request has been denied.
(4)
Create a file for the retention of the original request, a copy
of the response, a record of written communication with the requester
and a copy of other communications.
(C)
Limitations on follow-up by the Village of Harristown:
(A)
The Village has five business days to respond to a records request.
The Village may extend the five-day time period for an additional
five business days from the original due date if the Village can demonstrate
that certain conditions exist, such as a large amount of records or
the need for an extensive review. In order to use this time extension,
the Village must, within the original five business days, notify the
requester of the reasons for the extension and of the new due date.
The failure to respond within the time limits constitutes a denial
of the records request, and the requester can file for a review of
that denial by the Public Access Counselor or the circuit court.
(C)
Before denying a request as being unduly burdensome, the Village
must give the requester an opportunity to negotiate with the Village
to reduce the request to manageable terms. Repeated requests from
the same person for the same records that are unchanged or identical
to records that were previously provided or that were properly denied
are deemed to be unduly burdensome.
(D)
The Village and the requester may agree to extend the time limits
for a response. The agreement must be in writing. If the parties reach
an agreement to extend the time for a response, then any failure by
the Village to comply with any previous deadlines is not treated as
a denial under FOIA.
(E)
If the Village fails to respond to a records request within the five-day
period or ten-day period with an extension, then it may not charge
for reproduction costs at a later date and it may not treat the request
as being unduly burdensome.
(A)
Under FOIA, the Village must disclose public records. According to
FOIA, there are three parts to a public record:
(1)
Documentary material. The term "documentary material" is extensive
and includes all records, report forms, writings, letters, memoranda,
books, papers, maps, photographs, microfilm, cards, tapes, recording,
electronic data processing records, electronic communications, recorded
information and all other documentary material.
(2)
A record that pertains to the transaction of public business.
(3)
A record that is prepared by or for, or has been or is being
used by, received by, in the possession of, or under the control of
the Village.
(B)
A number of records that are specifically identified as a public
record include:
(1)
Records of public funds. Records relating to the obligation,
receipt and use of pubic funds are public records.
(2)
Prevailing wage, payroll records. Certified payroll records
that are submitted to the municipality under the Prevailing Wage Act
are public records, but employees' private information may be redacted.
(3)
Arrest information and criminal history is a public record and
must be disclosed no later than 72 hours after an arrest is made.
Certain information may be redacted if it would interfere with law
enforcement proceeding or endanger safety.
(4)
Criminal history information and court records available under
state or local law and records in which the requester is an individual
identified in the record are public records. This does not, however,
include juvenile arrest records.
(5)
Settlement agreements entered into or on behalf of any public
body are public records.
(A)
If the Village is going to deny a record request based upon an exemption,
certain exemptions require a notice of the Village's intent to deny
the request and an automatic review by the Public Access Counselor.
This notice must contain:
(B)
The Public Access Counselor will review the notice of the intent
to deny the request and has five working days to determine whether
the denial is an appropriate response by the Village or whether further
inquiry is necessary. If further inquiry is necessary, then the Public
Access Counselor proceeds under the procedures for the review of a
denial of a records request.
(A)
Special procedures apply for commercial requests. A commercial request
is a request when the requester seeks to use all or part of the record
for the sale, resale or solicitation or advertisement for service.
Requests made by news media, not-for-profit organizations, scientific
organizations, or academic organizations are not commercial requests
if they are made for the purpose of journalism, research or similar
purposes.
(B)
If the request is for a commercial purpose, then the municipality
has 21 business days to provide an initial response. An initial response
may consist of:
(C)
The municipality must comply with the commercial request within a
reasonable time period considering the size and complexity of the
request.
Regarding advisory opinions, the Village may ask the Public
Access Counselor to issue an advisory opinion concerning FOIA compliance.
The Mayor of the Board of Trustees or the Village Attorney must send
a written request to the Public Access Counselor. The request must
set forth sufficient facts for the Public Access Counselor to make
determination, and the Public Access Counselor may request additional
information. The Public Access Counselor is not legally required to
respond.
A records request may specify that the records be provided in
an electronic format. The Village must provide records in the requested
format, if the format is feasible for the Village. If the requested
format is not feasible, then, at the requester's option, the Village
must provide the records in the electronic format in which they are
kept or in paper form.
The FOIA statute now sets out a specific schedule for copying
fees. For black-and-white letter- or legal-sized copies, the first
50 pages are free, and the charge for additional pages may not exceed
$0.15 per page. For color or abnormal-sized copies, the Village may
charge the actual costs of the recording medium (tape, CD, disk, etc).
The Village may not charge more than $1 for certifying a record.
FOIA sets forth specific procedures for denying a records request.
(A)
There is a presumption against denial. If the Village denies a records
request, the Village has a burden of proof that the exemption used
meets a clear and convincing evidentiary standard.
(B)
Redaction. If a record contains both exempt and nonexempt information,
then the Village must redact the exempt information, and provide the
nonexempt information. A redaction is a denial under FOIA, and the
procedures for denial must be followed when you make a redaction.
(C)
Procedures for denial. When denying a request, the Village must notify
the requester in writing. The denial notice must contain the following:
(1)
The reasons for the denial, including a detailed factual basis
for any exemption claimed.
(2)
A citation to supporting legal authority for any exemption claimed.
(3)
A notice that the requester has a right to a review of the denial
by the Public Access Counselor, including contact information of the
Public Access Counselor.
(4)
A notice that the requester has a right to judicial review under
the Act.
If the Village denies a records request, then the requester
may seek review of that denial either through the Public Access Counselor
or through the court.
(A)
Complaint procedures. If a person believes a violation of FOIA has
occurred, then he or she may request a review by the Public Access
Counselor. The request must be in writing, signed by the requester
and contain a copy of the request and any response by the Village.
This must be done within 60 days after the date of denial.
(B)
Investigation by the Public Access Counselor.
(1)
Upon receiving the review request, the Public Access Counselor
will review the allegation. If it is determined that the allegation
is unfounded, then the Public Access Counselor notifies the requester
and the Village and takes no further action.
(2)
If, however, the Public Access Counselor proceeds with review,
then, within seven working days, the Public Access Counselor notifies
the Village and specifies the records or documents that the Village
must furnish in order to facilitate the review of the denial.
(3)
The Village has seven working days to provide the records and
must cooperate with the Public Access Counselor's investigation.
(4)
The Village may, at its discretion, supply an additional answer
to the allegation. The answer must be made within the same seven-day
period if it chooses to supply a brief or memorandum on the request.
The requester may then respond to that information within seven working
days. After receiving the required records, and any additional answers
or responses, the Public Access Counselor reviews the information.
(C)
Opinions by Public Access Counselor.
(1)
After conducting its review, the Public Access Counselor must
make an issue of findings of fact and conclusions of law, which are
binding upon both the requester and the Board of Trustees. The Public
Access Counselor must issue this binding opinion within 60 days after
initiating review. The Public Access Counselor may extend this sixty-day
period by 21 business days.
(2)
In the alternative, the Attorney General may decide to resolve
the issue through mediation or other means. This decision is not reviewable
by either party. A municipality that discloses records in accordance
with an Attorney General's opinion is immune by reason thereof and
is not liable for penalties under this Act.
(D)
Enforcement. The Village must comply with the binding opinions of
the Public Access Counselor, and the Attorney General may file a civil
action to compel compliance with that order.
(E)
Administrative review. Either party may file for administrative review
of the Public Access Counselor's binding opinions under the Administrative
Review Law. Any action for administrative review may only be commenced
in Cook or Sangamon County.
(F)
Abandonment of Public Access Counselor's review. At any time during
the Public Access Counselor review process, the requester has the
option to file a civil action in the circuit court. If this happens,
then the requester must notify the Public Access Counselor which will
then suspend review and tell the Village.
(A)
Attorney fees. If a person brings an action into court over the denial
of a records request and prevails in court, then the court is required
to award that person's attorney's fees and costs.
(B)
Fines. If a court determines that the Village willfully and intentionally
failed to comply with FOIA or acted in bad faith, then the court must
impose a civil penalty on the Village of not less than $2,500 and
not more than $5,000 for each occurrence.
