(A) Before denying, in whole or in part, a request for a public record, the FOIA Coordinator shall consult with the Village Attorney. The FOIA Coordinator shall provide the Village Attorney with whatever information (including a copy of the requested public record) he or she deems necessary to determine whether legal grounds exist to deny, in whole or in part, the request for that public record.
(B) If the FOIA Coordinator desires to deny the request, in whole or in part, and the Village Attorney concludes that legal grounds exist to support that denial, then the FOIA Coordinator shall issue a written notice denying the request for the public record. The written denial notice shall contain the following:
(1) An explanation of the basis under the FOIA or any other statute for the determination that the public record, or a portion of the public record, is exempt from disclosure, if that is the reason for the denial;
(2) A certificate that the public record does not exist under the name given by or as described by the person making the request or by any other name or description reasonably known to the FOIA Coordinator, if that is the reason for the denial;
(3) If a separation or deletion is made, a description of the public record or information on the public record that is exempt from disclosure and separated or deleted from the disclosed public record as required by the FOIA, unless that description would reveal the contents of the exempt information and thus defeat the purpose of the exemption;
(4) A full explanation of the requesting person’s right to do either of the following:
(a) File a written appeal with the Village Council, which appeal shall include the word “appeal” in a prominent place on the front page and shall identify the reason or reasons the FOIA Coordinator’s denial decision should be reversed; or
(b) File a lawsuit in circuit court within 180 days after the final decision denying the request which seeks to compel the FOIA Coordinator to disclose the public record requested.
(5) A notice of the right to receive in a circuit court lawsuit reasonable attorneys’ fees, costs, and disbursements if the circuit court determines that the village has not complied with the FOIA and orders disclosure of all or a portion of the public record requested and of the right to receive compensatory damages and $500 in punitive damages if the circuit court determines that the village has arbitrarily and capriciously violated the FOIA.
(Res. 2 of 2014, passed 11-10-2014)