HomeMy WebLinkAboutRESOLUTION - 80-84 - 11/13/1984 - FREEDOM OF INFORMATION ACT RESOLUTION NO. 80-84
A RESOLUTION ESTABLISHING THE POLICY OF
THE VILLAGE OF ELK GROVE VILLAGE WITH
RESPECT TO THE FREEDOM OF INFORMATION ACT
WHEREAS, it is the policy of the Village of Elk Grove
Village that all persons are entitled to full and complete
information regarding the affairs of the Village of Elk Grove
Village and the official acts and policies of Village officials
and public employees , consistent with applicable provisions
of law; and
WHEREAS, the Village of Elk Grove Village recognizes
that access to information is necessary and desirable to
enable citizens to fulfill their obligations in discussing
public issues fully and freely and making informed judgments;
NOW, THEREFORE, BE IT RESOLVED by the President and
Board of Trustees of the Village of Elk Grove Village, Cook
and DuPage Counties , Illinois as follows:
Section 1: That the purpose of this Resolution is to
fully comply with the provisions of the Illinois Freedom of
Information Act, Public Act #83-1013.
Section 2: The definitions contained in said Illinois
Freedom of Information Act are hereby adopted for the purpose
of this Resolution.
Section 3 : There is hereby established Rules and Regulations
in accordance with the Freedom of Information Act, a copy of
which are attached hereto and by this reference incorporated
herein.
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Section 4 : That this Resolution shall be in full force
and effect from and after its passage and approval pursuant
to law.
VOTES: AYES: 6
NAYS : 0
ABSENT: 0
APPROVED:
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
PASSED this 13th day of November 1984 .
APPROVED this 13th day of November , 1984 .
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TABLE OF CONTENTS
Introduction . . . . . . • • • • • • . • • • . • • • . 1
Freedom of Information Act Resolution # 2
Rules and Regulations • • . • . • . . . . . . . . . . .4
Administrative Procedures • • • • • • • • . • • • . . . 6
Compliance Forms
Village of Elk Grove Village Description
and Organizational Chart
Catalogue of Existing Files
INTRODUCTION
On July 1, 1984 Public Act 83-1013, the Freedom of
Information Act, goes into effect. Its purpose is to ensure
to all people of the State of Illinois "full and complete
information regarding the affairs of government. " In accordance
with this Act the Village of Elk Grove Village has compiled
the following "Freedom of Information Act Information Manual
to describe and include its rules and regulations, administra-
tive procedures, catalogue of existing files and description
of the Village as a government body.
VILLAGE OF ELK GROVE VILLAGE
RULES AND REGULATIONS IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT
1. The following rules and regulations are effective July 1, 1984 .
2 . Information may be requested at the Village Hall , 901 Wellington
Avenue from 8 :30 a.m. to 5: 00 p.m. Monday through Friday.
3. An organizational chart of the Village structure, brief description
of how to obtain records , and a catalogue of existing files
will be available at the above location. Copies are available
upon written request and payment of the appropriate fee.
4 . Questions regarding access will be directed to the appropriate
department head responsible for the subject file.
5 . The Village of Elk Grove Village hereby establishes the following
costs for reproduction:
a) paper copies - $ . 25 per page.
b) microfilm copies - $ . 50 per page .
c) computer page - $ . 50 per page.
d) Certification of documents - $ . 50 per document.
e) Documents requiring mailing by the Village - $1. 00
for the first page and applicable charges as
established by paragraphs a) through d) above for
each page thereafter plus postage costs .
f) police, fire and ambulance incident reports -
$1. 00 per page including postage.
Requests to waive the fee must be made in writing to the Village
Manager and must state how information requested "primarily benefits
the general public" (Sec. 6 (b) FOIA) .
Requests for records which has an anticipated cost in excess of Ten
($10 . 00) Dollars will require a deposit in such amount as is deemed
appropriate by the Village Clerk. Any portion of the deposit over
and above the actual cost of reproduction shall be returned to
the requestor.
The above cost shall not apply to pamphlets , brochures or other
pre-printed materials which departments may sell such as zoning
or special use maps . Also, departments may give out materials at
no charge if they have extra copies or when no copying is necessary.
6. In determining time periods as provided for in the Freedom
of Information Act, day of request will not be included.
7. Each Department Head in addition to the Village Clerk, is
authorized to issue notices of extension of time and notices
of denial.
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8. The Village Manager is hereby defined as "head of the public
body" and shall rule on appeals .
9. "Commercial Enterprise" as used in the Freedom of Information
Act shall include both profit and not for profit ventures.
10 . If the Village Manager reasonably believes the records requested
might be for the purpose of furthering a commercial enterprise,
then the requesting party must supply additional information
to disprove this claim.
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ADMINISTRATIVE PROCEDURES
1. Requestor must fill out a "Freedom of Information Act Request
Form" at the front desk at the Village Hall, 901 Wellington
Avenue. The Village Clerk or her designated agent shall date
stamp the request and indicate date by which request must be
approved or denied (seven (7) working days after and excluding
the day of request) in accordance with the provisions of the
"Act" .
2. The Village Clerk or her designated agent shall cause the
request to be directed to a designated employee of the department
or departments responsible for the information requested.
3. The effected departments shall pull the file or files requested
and may allow for the inspection of said documents by the
requestor. Should the requestor want copies of all or a
portion of tile information, they should indicate to the employee
what copies they would like, and the employee will make the
necessary copies. The requestor shall pay the appropriate
fees for such copies at the front desk of the Village Hall
and receive a receipt for same.
Each copy may be certified if requested and paid for by the
requestor. Documents may be furnished without charge if the
requestor is unable to pay for them, and it is determined to
be in the public interest by the Village Manager. After the
requestor has viewed the information and made desired copies ,
the employee should indicate on the form how many copies were
made, the time spent and the form to the Village Clerk.
4 . If, at the time the requestor comes to the department, the employee
is not in or is not able to comply with the request, the requestor
should leave the request form with the front desk and arrange
another time to return. On their return, the procedures in
Item 4 shall be followed.
5. If, upon review of the request, the employee feels they cannot
compile all of the necessary information right away, they may
arrange another time within seven (7) days for the requestor to
return at which time all of the information will be compiled.
6. If after five (5) days the employee determines that they do
not have adequate time to gather the desired information, the
time limit may be extended seven (7) days . It is strongly
recommended that extensions only be made in extenuating
circumstances. Valid reasons for extension are:
1. The requested record is in a place other than the
office in charge of the record.
2. The request requires an extensive search.
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3 . The records have not been found in time and additional
efforts are necessary to retrieve them.
4 . The record requires examination to determine if it
should be exempt from viewing.
5. Compliance with the request would cause undue burden
or interfere with the operations of the public body.
(repeated requests for the. -same information by the same
person shall be deemed unduly burdensome under this
provision) .
If it is necessary to extend the time limit, the requestor must. be
notified by mail within seven (7) days of the request and the letter
must give the reason for the extension. Failure to respond to the
request within seven (7) days is considered a denial of the request.
7. The employee may not give out information which has been
determined to be exempt from disclosure by the Freedom of
Information Act because it falls in one of the following
exempted categories:
1. Disclosure is prohibited by Federal or State law.
2 . Disclosure would constitute an invasion of personal
privacy.
3. The documents requested are investigatory records
involved in the internal affairs of the subject
department and/or Village.
4 . The documents requested are preliminary drafts , notes ,
memoranda or records.
5. Tile documents requested would disclose trade secret,
proprietary, privileged or confidential information.
6. The documents constitute proposals or bids for a
contract, grant or agreement.
7. The documents are valuable formulae, designs, drawings
or research data.
8. The documents are architects and/or engineers plans
for building.
9 . The documents are not subject to reproduction pursuant
to the Open Meetings Act.
10. The documents constitute or reflect communications with
the Village attorney or auditor, or were prepared
upon the request of the attorney or with respect to
an internal audit.
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11. Disclosure would jeopardize the security of a data
processing system or the data contained therein.
12. The documents requested relate to pending negotiations
for the purchase of real estate.
13. The documents requested concern an employee grievance
or disciplinary matter (the final outcome may be
disclosed) .
14 . The documents requested are proprietary information
related to the operation of an intergovernmental risk
management association, self insurance pool, or jointly
self adminstered health and accident cooperative or
pool.
8 . If requested information cannot be released due to exemption,
or if request is unduly burdensome or if the office has no such
record, the employee must complete a "Denial of Records Form"
and mail same to requestor along with a blank "Notice of Appeal" .
A copy of denial letter and the completed request form must be
sent to the Village Clerk. Copies of all notices of denial will
be retained by the Village Clerk in a central file that is
publicly accessible and indexed by type of exemption.
9. If a request is denied, the requestor has fourteen (14) working
days to return the "Notice of "Appeal' to the Village Manager.
Upon receipt of appeal, the Village Manager will review the
material in question and determine whether or not information
should be accessible. The Village Manager must then complete
a "Decision on Appeal Form" and return it to the requestor within
seven (7) working days after receiving the notice of appeal. If
the Village Manager reverses the decision, the requestor must arrange a
time to view information as previously discussed. If the Village
Manager upholds decision to deny records, the requestor has
exhausted his administrative remedies.
10. Any person denied access by the Village Manager may file suit
with the circuit court for injunctive or declaratory relief.
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