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HomeMy WebLinkAboutRESOLUTION - 63-09 - 12/8/2009 - FREEDOM OF INFORMATION ACT RESOLUTION NO. 63-09 A RESOLUTION AMENDING RESOLUTION NO. 80-84 AND RESOLUTION NO. 53-86 AND APPROVING AND AUTHORIZING REVISED RULES AND REGULATIONS UNDER 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; and WHEREAS, Public Act 96-0542 which amends the Freedom of Information Act becomes effective on January 1, 2010; NOW, THEREFORE, BE IT RESOLVED by the Mayor 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 96-0542. Section 2: The definitions contained in said Illinois Freedom of Information Act are hereby adopted for the purpose of this Resolution. i Section 3: There is hereby established revised "Rules and Regulations" in accordance with the Freedom of Information Act, a copy of which are attached hereto and by this reference i incorporated herein. i 1 I i I Section 4: That the Village Clerk is hereby designated as the Freedom of Information Officer of the Village under and pursuant to Section 3.5 of the Freedom of Information Act and the revised Freedom of Information Rules and Regulations. Section 5: That this Resolution shall be in full force and effect from and after its passage and approval pursuant to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 8th day of December 2009. APPROVED this 8th day of December 2009. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk FOIAres2009 2 Village of Elk Grove Village Rules & Regulations in Accordance with the Freedom of Information Act REVISED JANUARY 1, 2010 Introduction The Illinois Freedom of Information Act, as supplemented and amended since its effective date of July 1, 1984, requires all public bodies in the state to make non-exempt public records available for inspection and copying. The Village of Elk Grove Village strives to comply with this law and endorses the concept that all persons are entitled to full, accurate and complete information regarding the affairs of the Village and the official acts and policies adopted by Village officials and public employees. In determining the parameters of public access to information, the Village of Elk Grove Village also understands its obligations to protect legitimate privacy interests and maintain the efficiency of its administrative operations. In accordance with Public Act 96-0542 amending the Freedom of Information Act, which becomes effective on January 1, 2010, the Village of Elk Grove Village has compiled-the i following Freedom of Information Rules & Regulations. ! i i 3 Section 1 Procedures for the Request of Inspection or Copying of Records Requests for the inspection and copying of non-exempt public records pursuant to FOIA may be made in person at the Village Clerk's Office, Charles J. Zettek Municipal Building, 901 Wellington Avenue, Mondays through Fridays, between the hours of 8:30 a.m. and 5:00 p.m., except on holidays. The Village of Elk Grove Village shall also accept FOIA requests received via facsimile, electronic mail and through the United States mail. The Village is only responsible for responding to requests that it actually receives and is not responsible for transmission or delivery errors for FOIA requests that are submitted through these alternative means. Any requests received by the Village after normal business hours shall be considered received on the following business day. All requests.for public records must be made in writing, preferably upon a Village of Elk Grove Freedom of Information Request Form. If a requesting party is unable to obtain one of these forms, the Village will accept any legible written request, provided that such written_ request is clearly and concisely stated and contains the name, address and telephone number of the requestor. To ensure that each FOIA request is acted upon in a complete and timely fashion, the requestor should ensure that the public record being sought is clearly identified in his/her request. Requestors should provide as much known information about the requested record as possible (e.g. type of record, approximate date of record, department where record may be located, etc.). The request should indicate whether the records are to be inspected, copied, and/or certified. The Village of Elk Grove Village is not obligated to respond to requests that are overly broad or that would place an undue burden upon its operations; nor is the Village obligated to interpret or advise requestors as to the meaning or significance of public records that may be provided. If the request is being made for a commercial purpose, the requestor must disclose that fact to the Village at the time the request is made. It is a violation of the Act to knowingly obtain a public record for a commercial purpose without such disclosure. i Section 2 Fee Schedule Pursuant to 51LCS 140/6, the Village of Elk Grove Village is given the authority to charge reasonable fees for the duplication and/or certification of public records produced in compliance with FOIA requests. The Freedom of Information Officer is given the authority to grant a waiver or reduction of fees for copying records if the requestor's stated purpose is to obtain information regarding the health, safety and welfare of the general public and is not for the principal purpose of personal or commercial benefit. In determining the amount of any i such waiver or fee reduction, the Village will also consider the number of records requested and the actual costs of copying. f 4 For each request form filed, Requestors shall be furnished with the first fifty (50) pages of standard, black and white copies at no charge. Fees will not be waived for the first fifty (50) pages of colored copies or copies exceeding 11" x 14" in area, unless a waiver or fee reduction is granted by the Freedom of Information Officer as a means of furthering the public interest. Unless otherwise waived, copying fees must be paid in advance of the records being made available to the requestor. Fees are as follows: 8.5" x 11" documents $0.15/page 8.5" x 14" documents $0.15/page 11" x 14" documents $0.15/page Audio Tape: $5.00/unit Compact Disk: $5.00/unit DVD $5.00/unit Microfilm: $1.00/page Certification: $1.00/document Accident Reports $5.00/report Fees to copy blueprints, oversized documents, pamphlets, manuals and any other records shall be $5.00 per page or the actual costs incurred by the Village by an outside service whichever is greater. Information regarding these fees will be provided to the requestor before copying. Additional fees for traffic accident records may apply, as allowable by law. Section 3 Village Response to Requests for Inspection or Copying of Records In accordance with the law, the Village of Elk Grove Village will respond to all non- commercial requests upon five (5) working days of.receipt. Responses will be provided to any commercial requests upon twenty-one (21) working days of receipt. A working day is 8:30 a.m. to 5:00 p.m. Monday thru Friday excluding the following holidays: New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the day after Thanksgiving, Christmas Eve, Christmas Day and New Years Eve. In processing requests for information made under the Act, the Village shall give priority first to any non-commercial requests pending before it. The Village will respond in one of the following methods: A. Approval of Request If the requested records are available and determined to be non-exempt, the Village will advise the requestor of the documents which are available and the cost to copy the records. For commercial requests,the Village response will include an estimate of the time required to locate and compile the records requested, as well as the estimated fees to be assessed to the requestor. 5 if the requestor has asked to inspect the documents, the Village will provide the requestor with notice of a time and location in which the records will be made available for inspection. Any inspection of public records will be conducted during normal business hours at the Charles J. Zettek Municipal Building, unless another location is otherwise agreed upon by the Village and the requesting party. The Village may require that an officer or employee of the Village be present during any inspection of public records. A requestor may also be prohibited from bringing bags, brief cases, or other containers into the room in which the inspection takes place. Documents made available for inspection will be held for fourteen (14) working days from the date of the Village's response and, thereafter, will be re-filed. Fees for copies of records, unless waived, must be paid in advance. All copying of documents shall be done by an employee or designated representative of the Village of Elk Grove. Upon request, the Village will mail copies of public records to the requestor assuming all necessary fees have been paid. B. Notice of Extension The Freedom of Information Act allows the Village to provide notice of an extension of time for response to a request. This time period shall not exceed an additional five (5) working days, or a total of ten (10) working days from the receipt of the original request. Any notice of extension will cite the reason why the extension is necessary. The Village Clerk shall then send written notice of extension to the requestor, stating the reasons for the extension and the date by which the records will be available. C. Denial of Request Any denial of any part of a request shall be made in writing and shall state the reason(s) for the denial in accordance with Section 3(g), or if the record is determined to be exempt, pursuant to Section 7 of the Freedom of Information Act. Section 3(g) of the Act allows the Village to deny a request for a category of records if compliance with the request would place an undue burden upon the Village and there is no way to narrow the scope of the request, and/or the burden on the Village outweighs the public interest in the information. Before denying a request on the basis of this exemption, the Village will contact the requestor to offer him/her an opportunity to confer with the Village in an attempt to reduce the scope of the request to a manageable proportion. Any denial pursuant to Section 3(g) shall specify the reason(s) why it would be unduly burdensome to the Village and the extent to which compliance with the request would burden the operation of the Village. Repeated requests for the same public records by the same person shall be deemed unduly burdensome and shall be denied accordingly. 6 f Section 7 of the Act enumerates a series of records that are considered exempt from public disclosure and, therefore, need not be produced by the Village. A copy of Section 7 is attached hereto and made a part of these Rules and Regulations. All denials shall include the name and title of the individual or individuals responsible for the denial of the request, and shall include a detailed factual basis for the application of any exemption claimed. Any denial must also include a notice of the requestor's statutory right to petition the office of the Public Access Counselor in the office of the Illinois Attorney General for review of the denial, as well as the right to judicial review under Section 11 of the Act. In accordance with the provisions of the Act, copies of all denials shall be retained by the Freedom of Information Officer and will be indexed according to the type of exemption asserted and, to the extent feasible, according to the type of records requested. If the Village determines that a FOIA request should be denied by claiming an exemption under subsection (1) (c) or (1) (f) of Section 7 of the Act, the Freedom of Information Officer shall provide written notice to both the requestor and the Public Access Counselor of the Village's intent to deny the request in whole or in part. This notice shall include a copy of the original FOIA request; the proposed response from the Village, and a detailed summary of the Village's basis for asserting the exemption. Upon receipt of the notice of intent to deny, the Public Access Counselor shall determine whether or not further inquiry is warranted. Within five (5) working days after receipt of the notice of intent to deny, the Public Access Counselor shall notify the Village and the requestor whether further inquiry is warranted. Section 4 Administrative &Judicial Review Procedures Any requestor whose request for information has been denied by the Village may exercise his/her statutory right to petition the Public Access Counselor in the office of the Illinois Attorney General for review of said denial. A request for review must be filed with the Public Access Counselor not later than sixty (60) days after the date of the final denial. Any such request for review must be in writing, signed by the requestor, and include copies of the original FOIA request and all responses received from the Village. Upon receipt of a request for review, the Public Access Counselor shall determine whether further action is warranted. If the Public Access Counselor determines that the alleged violation of the Act is unfounded, he/she shall so advise the requestor and the village"and no further action will be taken with respect to the complaint. In all other cases, the Public Access Counselor shall forward a copy of the request for review to the Village within seven (7) working days after receipt and shall specify the records or other documents that the Village shall furnish to facilitate the review. Within seven (7) working days after receipt of the request for review, the Freedom of Information Officer must provide copies of the records requested and shall otherwise fully cooperate with the Public Access Counselor. To the extent that records 7 I produced by the Village for the purposes of review contain information that is claimed to be exempt, the Public Access Counselor shall not further disclose that information. Within seven (7) working days after it receives the request for review and request for production of records from the Public Access Counselor, the Village may provide an answer to the allegations of the request for review in the form of a letter, brief or memorandum. The Public Access Counselor shall forward a copy of any such written answer to the person submitting the request for review and the requestor may respond in writing to such answer within seven (7) working days. If the requestor chooses to file a written response to the Village's answering of the allegations, he/she must also provide a copy of that response to the Village. The Public Access Counselor shall examine the issues and records submitted in conjunction with any request for review and shall, within sixty (60) days, issue to the requestor and to the Village an opinion in response to the request for review. The opinion shall be binding upon both the requestor and the Village, subject to administrative review under Section 11.5. The Public Access Counselor may opt to extend the 60-day time period by up to twenty one (21) additional working days, provided that he/she sends written notice of such extension to both the requestor and the Village. The Attorney General may exercise his/her discretion and choose to resolve a request for review by mediation or by a means other than the issuance of a binding opinion. Upon receipt of a binding opinion concluding that a violation of the Act has occurred, the Freedom of Information Officer shall either take necessary action immediately to comply with the directive of the opinion, or shall initiate administrative review under Section 11.5. If the opinion concludes that no violation occurred, the requestor may initiate administrative review under Section 11.5. Any person denied access to inspect or copy any public record shall also have the right to file suit for injunctive or declaratory relief in the Circuit Court of Cook County. I Section 5 Village of Elk Grove FOIA Administrative Procedures I The Village Clerk will be the designated Freedom of Information Officer. The Village Manager may designate a Deputy Freedom of Information Officer for individual Departments. The Village Clerk and Deputies shall have the responsibility for implementing these policies and procedures and processing all requests for information in accordance with the terms of the Act. The Village Clerk and each individual designated as Deputy shall successfully complete an annual training curriculum through the State of Illinois, as provided in the Act. ' All FOIA requests shall be date stamped upon receipt, assigned a number and shall indicate the date by which the request must be approved or denied (five working days from the date of receipt, excluding the day of request). I 8 The designated Deputy responsible for providing the information on behalf of his/her department shall promptly either comply with or deny the request. The Deputy shall notify the Village Clerk of his/her action on the request no later than five (5) working days after its receipt. The Village Clerk shall then respond in writing to the requestor accordingly. If denying the request, the Deputy responsible for the denial will notify the Village Clerk in writing, citing the statutory exemption used as the basis for the denial and the specific reasons for the denial, including a detailed factual basis. If any public record exempt from disclosure contains material which is not exempt,the Department shall redact the exempt information and make the remaining information available for inspection and copying. If the designated Deputy determines that there is not adequate time to gather the requested information, the time limit may be extended by an additional five (5) working days. Extensions should be reserved only for extenuating circumstances. Appropriate reasons for extensions include: 1. The requested record is in a place other than the office at which the record is being requested. 2. The request requires the collection of a substantial number of specified records. 3. The request is couched in categorical terms and requires an extensive search for the records responsive to it. I 4. The requested records have not been located in the course of routine search and additional efforts are being made to locate them. 5. The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if the records are exempt from disclosure under Section 7 of the Act, or should be revealed only with appropriate deletions or redactions. 6. The request for records cannot be complied with by the public body within the time limits prescribed by section 3 of the Act without unduly burdening or interfering i with the operations of the public body. I 7. There is a need for consultation, which shall be conducted with all practicable speed, I with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request. When additional time is required for any of the aforementioned reasons, the Department(s) shall notify the Village Clerk as soon as possible, but no later than five (5) 9 working days after receipt of the request. The Village Clerk shall then send written notice of extension to the requestor, stating the reasons for the extension and the date by which the records will be available. Extensions will not be granted for a period exceeding five (5) working days, except in the most unusual circumstances; provided that any such extraordinary period for extension will first be agreed upon in writing by both the requestor and the Village Clerk. All requests for public records made under the FOIA shall be maintained in a file in the Village Clerk's Office, and preserved in accordance with the provisions of the Local Records Act. Documents maintained shall include the original request, a copy of the written response and a record of all communications with the requestor. It is the responsibility of the Department(s) to make sure that a copy of all material given to the requestor is attached to the original FOIA request and that all necessary signatures are applied to the original request before returning same to the Village Clerk. All incomplete responses will be returned to the designated Department for completion. I i i I . I i i I i Res/FOIAres2009 10 Freedom of Information Officer Procedures The Village Clerk will be the designated Freedom of Information Officer. Each Department Head will be a Deputy Freedom of Information Officer. Additional Deputies may be designated as required to fulfill the requirements of the Act. The Village Clerk shall have the responsibility for implementing the following policies and procedures and processing all requests for information in accordance with the terms of the Act. 1. The Village Clerk and all designated Deputies shall successfully complete an annual training curriculum through the State of Illinois, as provided in the Act. 2. All FOIA requests must be submitted to the Village Clerk's office. Each request shall be date stamped upon receipt and shall indicate the date by which the request must be approved or denied (five (5) working days from the date of receipt, excluding the day of request and twenty-one (21) days for commercial requests). Each request shall be assigned a number and entered into the FOIA log. 3. The Village Clerk or designated agent shall cause the request to be directed to the designated Deputy of the department(s) responsible for the information requested. 4. The Village Clerk or designated agent will monitor the FOIA log to ensure that response deadlines are being met. S. Extensions— In the event a Department requests additional time to respond to a FOIA request, the Village Clerk shall send written notice to the requestor stating the reason for the extension (reason shall be provided by the Department) and the date by which the records are anticipated to be available. 6. Denial—Should a Department deny a request,the Village Clerk shall notify the requestor in writing of the decision to deny, the reasons for the denial, the names and titles of each person responsible for the denial,the right to review by the Public Access Counselor along with the address and phone number of the Public Access Counselor and the right to judicial review under Section 11 of the Freedom of Information Act. The requestor then has 60 days to appeal to the Public Access Counselor. Should the denial be because of Section 7(1)(c) Personal Information or Section 7(1)(f) Preliminary drafts, notes etc., the Village Clerk shall provide written notice (within five (5) days) to the requestor and the PAC of the intent to deny the request in whole or in part. The notice to the PAC will contain a copy of the request, the Village response and a detailed basis for asserting the exemption. The PAC shall then determine if further inquiry is warranted and will notify the Village and requestor of same. 7. The Village Clerk shall maintain records of all FOIA requests together with copies of all materials given to or reviewed by the requestor. All denied requests will be logged and maintained separately. Records will be kept for two (2) years from the date of filing and then disposed of in accordance with the Local Records Act. FOIA/FOIAofficerprocedures ADMINISTRATIVE PROCEDURES 1. All requests for public record information shall be submitted to the Village Clerk's office. 2. Each request will be directed to the appropriate Department(s) by the Village Clerk's office. 3. Each request will be date stamped and designated with the due date. • Response to a request is required within five (5) working days. The appropriate Department(s) must pull the file(s) requested and allow for the inspection of said documents by the requestor and make any necessary copies. • A public body must accept and respond to requests for commercial purposes within 21 working days. 4. Electronic Documents—When a person requests a document in an electronic format, the public body must furnish the document in electronic format when feasible. • If an electronic format is not feasible, the Village will either furnish the record in the format in which it is maintained, or in paper format to the option of the requestor or option of the Village if redaction is necessary. • The Village will only charge for the actual cost of purchasing the recording medium, and may not charge a researching fee. 5. Redact/Delete—If any record that is exempt from disclosure contains information that is not exempt, the responsible Department shall redact/delete the information which is exempt and make the remaining information available for inspection and copying. 6. No fee will be charged for the first fifty (50) copies of black and white letter and legal size copies. Refer to the FOIA form for additional fee information. 7. Extensions - If a request cannot be responded to within five (5) working days, the Department(s) shall contact the Village Clerk within those five (5) days to request an extension and provide the reason for the extension and the Village Clerk shall then send written notice of the extension to the requestor, stating the reason for the extension and the date by which the records will be available. Appropriate reasons for an extension pursuant to the Act are attached for reference. 8. Denial— If denying the request, the Department responsible for the denial shall notify the Village Clerk in writing, within five (5) days, of the statutory exemption (a list of exemptions is attached for referral) used as the basis for the denial and the specific reasons for the denial. The Village Clerk will then follow the procedures required by the Freedom of Information Act. 9. Completed Requests— It is the responsibility of the Department to make sure that a copy of all material given to or reviewed by the requestor is attached to the original FOIA request and that all necessary signatures are applied to the original request before returning same to the Village Clerk. 10. Penalties— It is important that all Departments follow the above procedures due to the penalties for violation of the Act. I FOIA/ADMINISTRATIVE PROCEDURESdraft EXTENSIONS The time for response may be extended by the public body for not more than five (5) business days from the original due date for any of the following reasons: 1. The requested record is in a place other than the office at which the record is being requested. 2. The request requires the collection of a substantial number of specified records. 3. The request is couched in categorical terms and requires an extensive search for the records responsive to it. 4. The requested records have not been located in the course of routine search and additional efforts are being made to locate them. 5. The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if the records are exempt from disclosure under,Section 7 of the Act, or should be revealed only with appropriate deletions. 6. The request for records cannot be complied with by the public body within the time limits prescribed by Section 3 of the Act without unduly burdening or interfering with the operations of the public body. 7. There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request. Ji I i I I I FOIA/EXTENSIONS i Sec. 7. Exemptions. (1) When a request is made to inspect or copy a public record that contains information that is exert from disclosure under this Section, but also contains information that is not exempt from disclosure, the public body may elect to redact the information that is exempt. The public body shall make the remaining information available for inspection and copying. Subject to this requirement, the =ao following shall be exempt from inspection and copying: (a) Information specifically prohibited from disclosure by federal or State law or rules- and regulations implementin adoptod up federal or State law. (b) Private information, unless disclosure is required another provision of this 'Act, a State or federal law or a court order. (c) Personal information contained within public records, the disclosure of which (b) information that, it doses would constitute a clearly unwarranted invasion of personal privacy, unless 'the disclosure is consented to in writing by the individual subjects of the information. "Unwarranted invasion of personal privacy" meld: -the disclosure' of information that is highly personal or objectionable to a reasonable person and'in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information. The disclosure of information that -bears on the public duties of public employees and officials shall not be considered an invasion of personal privacy. 94 ) _ I with -o- colleot; by stat.Q I 9 2.;h Qt;Q+ I i .{.c.). Records in the possession of any I I public body created in the course of Fir administrative i enforcement proceedings,_ and any law enforcement or correctional agency for law enforcement purposes, o=-ter but only to the extent that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is the recipient of the request; (ii) interfere with active pending administrative enforcement proceedings conducted by the a y public body that is the recipient of the request_; (iii) create a substantial likelihood that depr-ive a person will be deprived of a fair trial or an impartial hearing; (iv) unavoidably disclose the identity of a confidential source, confidential information_ furnished only by the confidential source, or persons who file complaints with or provide information to administrative, investigative, law enforcement, or penal agencies; except that the identities of witnesses to traffic accidents, traffic accident _reports, and rescue reports shall be provided by agencies of local government, except when disclosure would interfere with an active criminal investigation conducted by the agency that is the recipient of. the request a. Gonfidential CG;,gQG on (v) disclose unique or specialized investigative 'techniques other than those generally used and known or disclose internal documents of correctional agencies related to detection, -observation or investigation of incidents of crime or misconduct, and disclosure would result in demonstrable harm to the agency or public body that is the recipient of .the request; vi .(wil) endanger the life or physical safety of law enforcement personnel or any other person;' or vii .(W JJ ) obstruct an ongoing criminal investigation by the agency that is the recipient of i the request. Onfo-GOMORt 299"Q* -and the Ghanges to- -h ti--4 I 4-;h4-gh the- raGpiesting party SG histo", n000-d da" • I and rol-Garo- The tox= door; not apply to (e) Records that relate to or affect the security of correctional institutions and detention- facilities. (f) Preliminary drafts, notes, recommendations, memoranda and other records in' which opinions are expressed, or policies or actions are formulated, except that a specific record or relevant portion of a record shall not be exempt when the record is publicly cited and identified by the head of the public body. The exemption provided in this paragraph (f) extends to all those records of officers and agencies of the General Assembly that pertain to the preparation of legislative documents. (g) Trade secrets and commercial or financial inforivation obtained from a person or business where the trade secrets or commercial or financial information are furnished under a claim that they are proprietary, privileged or confidential, ' and that or- ;.;here disclosure of the trade secrets or commercial or financial information would M&y cause competitive harm to the person or business, and only insofar as the claim directly applies to the records requested. ,—S agludaag;. (; ) Al ! intozMatioR dete.minod- to be GGAJ-dontial -W J3 All trade secrets and commercial or financial information obtained by a public body, including a public pension fund, from a private equity fund or a privately held company within the investment portfolio of a private equity fund as a result of either investing or evaluating a potential investment of public funds in a private equity fund. The exemption contained in this item. does not apply to the aggregate financial performance information of a private equity fund, nor to the identity of the fund's managers or general partners. The exemption contained in this item does not apply to the identity of a privately held company within the investment portfolio of a private j equity fund, unless the disclosure of the identity of a privately held company may cause competitive harm. Nothing contained in this paragraph (g) shall be construed f to prevent a person or business from consenting to disclosure. (h) Proposals and bids for any contract, grant, or agreement, including information which if it were disclosed would frustrate procurement or give an advantage to any person proposing to enter into a contractor i agreement with the body, until an award or final selection is made. Information prepared by or for the body in preparation of a bid solicitation shall be exempt until- an award or final selection is made. (i) Valuable formulae, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be j expected to produce private gain or public loss. The exemption for "computer geographic systems" provided in this paragraph (i) does not extend to requests made by 'news media as defined in Section 2 of this Act when the requested information is not otherwise exempt and the only purpose of the request is to access and disseminate information regarding the health, safety, welfare, or f legal rights of the general public. (j) The following information pertaining to educational matters: i test Test questions, scoring keys and other examination data used to administer an academic examination; ordotocnipod the G.F61-lific""Ar, Of @A (ii) information received by a primary or secondary school, college, or university undbr its procedures for the evaluation of faculty members by their academic peers; (iii) information concerning a school or university's adiudication of student disciplinary cases, but only to the extent that disclosure would unavoidably reveal the identity of the student; and (iv) course materials or research materials used by faculty members. W. Architects' plans, engineers' technical submissions, and other construction related technical documents for projects not constructed or developed in whole -or in part with public funds and the same for projects constructed or developed with public funds, including-but not limited to power generating and distribution stations and other transmission and distribution facilities, water treatment facilities, airport facilities, sport stadiums, convention centers, and all, government owned, operated, or occupied buildings, but only to the extent that disclosure would compromise security, kwilcli.ags dna}. Minutes of meetings of public bodies closed to the public as provided in.the Open Meetings Act until the public body makes the minutes available to the public under Section 2.06 of the Open Meetings Act. (m) 4a} Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body,- and materials prepared or compiled with respect to internal audits of public bodies. Wil. Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed o) 4p4- Administrative or technical information associated with automated data processing operations, including but not limited to software, operating protocols, computer program abstracts, file layouts, source listings, object modules, load modules, user I guides, documentation pertaining to all logical and physical design of computerized systems, employee manuals, and any other information that, if disclosed, would jeopardize the security of the system or its. data or the security of materials exempt under this Section. (p) -Eq-�. Records relating to collective negotiating matters between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying. 4.r4 Test questions, scoring keys, and other examination data used •to determine the qualifications of an applicant for a license or employment. Draft&, notes, _LrJ -Cs;- The records, documents and information relating to real estate purchase negotiations until those negotiations have been completed or otherwise terminated. With regard to a parcel involved in a pending or actually and reasonably contemplated eminent domain proceeding under the Eminent Domain Act, records, documents and information relating to that parcel shall be exempt except as may be allowed under discovery rules adopted by the Illinois Supreme Court. The records, documents and information relating to a real estate sale shall be exempt until a sale is consummated. 44-)- Any and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool. .Insurance 'or self insurance (including any intergovernmental risk management association or self insurance pool) claims, loss or risk management information, records, data, advice.or communications. Gtudont or, employeo and. 4-Rio body's adjudicatioa or, OMP.10 Q= . c3sos.. 440- Information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or. for the use- of a public body responsible for- the regulation or supervision of financial institutions or insurance companies, unless disclosure. is otherwise required by State law. the d-J-9G.1-onumo of 444gh of I Ge th Aor I I I . tho Ar-QhitQgtlagal, and Land SA. or- przaparzed by QX: for- t;h.Q undor- soct4QR `2 11 %he Regional AQthoxity Act or the St- A4"— (99) " -. (u) 4.i,4 Information i1;4'gaMat;_ew that would disclose or might lead to the disclosure of secret or confidential information, codes, algorithms, programs, or private keys intended to be used to create electronic or digital signatures under the Electronic Commerce Security Act. Emor Aad. ivy .(11) Vulnerability assessments, security measures, and response policies or plans that are designed to identify, prevent, or respond to potential attacks upon a community's population or systems, facilities, or installations, the destruction or contamination of which would constitute a clear and present danger to the health or safety of the community, but only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of the personnel who implement them or the public. Information exempt under this item may include such things as details pertaining to the mobilization or deployment of personnel or equipment, to the operation of communication systems or protocols, or to tactical operations. (x) )-. Maps and other records regarding the location I or security of generation, transmission, distribution, storage, gathering, treatment, or switching facilities I owned by a. utility, by a power generator, or by the Illinois. Power Agency. i by 1 -w GREGnOGROAt a901405, QZ the pqpag;�Meat OL "AQW-G.1-0 Code heal =or.4-fiant a death Capital I i I I (rr) Information contained in or related to proposals, bids, or negotiations related to electric power procurement under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act that is determined to be confidential and proprietary by the Illinois Power Agency or by the Illinois Commerce Commission. (2) A public record that is not in the possession of a public body but is in the possession of a.party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act. ' (3) 4.24• This Section does not authorize withholding of information or limit the availability of records to the public, except as stated in this Section or otherwise provided in this Act: (Source: P.A. 94-280, eff. . 1-1-06; 94-508, eff. 1-1-06; 94-664, eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06; 94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff. 8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised 10-20-08. ) (5 ILCS 140/7.5 new) Sec. 7.5. Statutory Exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying: (a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act. (b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act. (c) Applications, related documents, and -medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received. (d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act. (e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act. (f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act. (q) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.. (h) Information the disclosure of which is exempted under _the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office _that would be exempt if created or obtained by an Executive Inspector General's office under that Act. (i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local i emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code. I (i) Information and data concerning the distribution of surcharge moneys collected and remitted by wireless carriers under the Wireless Emergency Telephone Safety Act. (k)' Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code. (1) Records and information provided to a residential health care facility resident sexual assault and death review team- or the Executive Council under the Abuse Prevention Review Team Act. (m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article. (n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as. provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the. prosecution chooses not to pursue the death penalty prior to trial or sentencing. (o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act. (p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under. Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act. (q) Information prohibited from being disclosed by the Personnel Records Review Act. (r) Information prohibited from being disclosed by the Illinois School Student Records Act. (s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act. (5 ILCS 140/9) (from Ch. 116, par. 209) Sec. 9. (a) Each public .body den g a request for public records shall notify ther ester I in writ' of he decision t eny the request suet, the reasons for a denial, includinga de led factual basis for the a li tion of an exemption claimed, nd the names and titles or ositions of i each person responsib �Ainform e denial. Each otice of denial by a public body shall such pe son of the U" right to review b the PubliCounselo and provide the address and phone number for t Publ' Access Counselor appeab , to the head ot the Publio bo Ea notice of denial of an by the head. �s 11 inform such person of his right to judicial review un r Sect 11 of this Act. (b). When a request for pu is records 1 _.denied on the grounds that the records ar exempt under Sect n 7 of this Act, the notice of denia shall specify the exemp on claimed to authorize the denia and the specific reasons for he denial includin a ailed factual basis and a citati to supporting le al a orit . Copies of all notices of deni shall be retaine y each public body in a single central office file th is open to the public and indexed according. to the type of emption asserted and, to the extent feasible, according the types of records requested. c erson making a request for public records shall be deeme to have exhausted his or her administrative remedies wit respect to that request if .the public bodyfails to act w' hin the time periods provided in Section 3 of this Act.