(A) A person whose request to inspect or copy a public record is denied by the village may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the date of the final denial. The request for review must be in writing, signed by the requester, and include (1) a copy of the request for access to records and (2) any responses from the public body.
(B) If the village receives a request for records, and asserts that the records are exempt under general exemptions (1)(C) or (1)(F) (see Appendix A of this subchapter), it shall, within the time periods 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 include:
(1) A copy of the request for access to records;
(2) The proposed response from the public body; and
(3) A detailed summary of the public body's basis for asserting the exemption.
(C) In accordance with FOIA, upon receipt of a notice of intent to deny from the village, the Public Access Counselor determines whether further inquiry is warranted. Within five working days after receipt of the notice of intent to deny, the Public Access Counselor notifies the village and the requester whether further inquiry is warranted. If the Public Access Counselor determines that further inquiry is warranted, the procedures set out in this section regarding the review of denials, including the production of documents, shall also be applicable to the inquiry and resolution of a notice of intent to deny from the village. Times for response or compliance by the village under § 36.47 and § 36.48 shall be tolled until the Public Access Counselor concludes his or her inquiry.
(D) In accordance with FOIA, upon receipt of a request for review, the Public Access Counselor determines whether further action is warranted. If the Public Access Counselor determines that the alleged violation is unfounded, he or she so advises the requester and the village and no further action shall be undertaken. In all other cases, the Public Access Counselor forwards a copy of the request for review to the village within seven working days after receipt and specifies the records or other documents that the village shall furnish to facilitate the review. Within seven working days after receipt of the request for review, the FOIA Officer shall provide copies of records requested and shall otherwise fully cooperate with the Public Access Counselor. If the FOIA Officer fails to furnish specified records pursuant to this section, or if otherwise necessary, the Attorney General may issue a subpoena to any person or public body having knowledge of or records pertaining to a request for review of a denial of access to records under the Freedom of Information Act. By statute, to the extent that records or documents produced by the village contain information that is claimed to be exempt from disclosure under Appendix A of this subchapter, the Public Access Counselor does not further disclose that information.
(E) In accordance with FOIA, within seven working days after it receives a copy of a request for review and request for production of records from the Public Access Counselor, the FOIA Officer may, but is not required to, answer the allegations of the request for review. The answer may take the form of a letter, brief, or memorandum. The Public Access Counselor forwards a copy of the answer to the person submitting the request for review, with any alleged confidential information to which the request pertains redacted from the copy. The requester may, but is not required to, respond in writing to the answer within seven working days and shall provide a copy of the response to the village, in addition to the request for review, and the answer and the response thereto, if any, a requester or the village may furnish affidavits or records concerning any matter germane to the review.
(F) (1) In accordance with FOIA, unless the Public Access Counselor extends the time by no more than 21 business days by sending written notice to the requester and the village that includes a statement of the reasons for the extension in the notice, or decides to address the matter without the issuance of a binding opinion, the Attorney General examines the issues and the records, makes findings of fact and conclusions of law, and issues to the requester and the village an opinion in response to the request for review within 60 days after its receipt. The opinion is binding upon both the requester and the village, subject to administrative review under Section 11.5 of the Freedom of Information Act [5 ILCS 140/11.5].
(2) Upon receipt of a binding opinion concluding that a violation of FOIA has occurred, the FOIA Officer shall either take necessary action immediately to comply with the directive of the opinion or shall initiate administrative review under Section 11.5 of FOIA. If the opinion concludes that no violation of FOIA has occurred, the requester may initiate administrative review under Section 11.5 of FOIA. If the village discloses records in accordance with an opinion of the Attorney General, it is immune from all liabilities by reason thereof and shall not be liable for penalties under FOIA.
(G) In accordance with FOIA, the Attorney General may also issue advisory opinions to the Village regarding compliance with FOIA. A review may be initiated upon receipt of a written request from the Village Mayor or the Village Attorney, which shall contain sufficient accurate facts from which a determination can be made. The Public Access Counselor may request additional information from the village in order to assist in the review. If the village relies in good faith on an advisory opinion of the Attorney General in responding to a request, it is not liable for penalties under FOIA, so long as the facts upon which the opinion is based have been fully and fairly disclosed to the Public Access Counselor.
(Ord. 10-02, passed 1-12-10)