(A) Incorporation. The preambles to this section be, and the same hereby are incorporated by this reference as if set out in full at this place.
(B) Adoption. It shall be the policy of the village that all requests pursuant to the Illinois Freedom of Information Act (ILCS Ch. 5, Act 140) shall be submitted and processed in accordance with the document attached hereto and incorporated herewith as Exhibit “A”.
(C) Freedom of Information Act; requests to the village.
(1) General.
(a) The Illinois Freedom of Information Act (FOIA) is the means by which the general public may access public records in possession of the village. It is the public policy of the State of Illinois that “all persons are entitled to full and complete information regarding the affairs of the government and the official acts and policies of those who represent them as public officials and public employees...” Some records are, however, exempt from public review and these exemptions are permitted by the statute. The Act is not intended to be used to violate individual privacy, nor for the purpose of furthering a commercial enterprise.
(b) This request procedure generally requires the village to respond to the request within seven working days.
(c) The village may give notice of an extension of time for an additional seven days under specific circumstances.
(d) Denial shall be communicated by letter and failure to respond to a written request within seven working days after its receipt shall be considered a denial of a request.
(e) Decisions to deny, in whole or in part, any requests for information may be appealed to the Village Clerk by sending a written notice of appeal within seven working days from the date of receipt of the denial. The notice of appeal must be in writing and include a copy of the original request.
(f) Beyond inspection of the documents, the village is permitted by statute to charge fees for copying and/or certification of these records.
(g) Exemption from or reduction of these charges is permitted upon request to the Village Clerk if the specific purpose for the request indicates that a waiver or reduction of the fee is in the public interest.
(h) Public interest exists if the principal purpose of the request is to access information regarding the health, safety, welfare or the legal rights of the general public, and not for the principal purpose of personal or commercial benefit.
(2) Guidelines for submitting a formal request for information.
(a) Requests for public records shall be submitted to the Village Clerk by completion of the Freedom of Information Act request form available at the Village Clerk’s office or online at the village website (http://www.villageofelwood.com).
(b) The request must include:
1. The requestor’s full name, address and daytime telephone number;
2. A description of the requested records. (Be as specific as possible with regards to the documents or information requested, including dates and the department, board or commission from which the information is being sought); and
3. Whether the request is for inspection of records, copies of records or both.
(3) Additional supplement for request for police records.
(a) In addition to the information provided on the Freedom of Information Request Procedures and Request Form, this supplement addresses specific requests for public records pertaining to the Village Police Department. The Illinois Freedom of Information Act does require government entities, such as the Police Department, to provide access to public records with acknowledgment of applicable exemptions for protection of the privacy of personal information, witnesses and/or protection of ongoing criminal investigations.
(b) Note that copies of accident reports involving crime or death are subject to the statutory exemptions under the Freedom of Information Act also (see ILCS Ch. 5, Act 140, § 7). Dissemination of police related public records, as with other public records provided under the Act, are for the principal purpose of the public interest so that citizens may make informed political judgments and monitor the government to ensure that it is being conducted in the public interest.
(c) Police related records that may be available include:
1. Minutes or transcripts of public meetings;
2. Monthly reports of the Chief of Police to the Police Board, which include crime statistics, complaint statistics and general orders issued;
3. Traffic tickets;
4. Accident reports;
5. Property reports involving lost or stolen property; and
6. Sealed drawings of accident/crime scenes.
(d) Important: Please note the fees charged for copies requested or made during inspection.
(e) Please complete the freedom of information request form for the village and detail what specific police records you are requesting, including known dates, times, locations and/or outcomes. Return to the village and follow the instructions provided under the procedures section.
(f) Return the completed form to:
Village of Elwood
Attn: Village Clerk
201 Mississippi Street
Elwood, IL 60421
Fax: 815.423.6861
(g) Any request forms faxed to the village after regular working hours (8:30 a.m. to 5:00 p.m. Monday through Friday) will be considered received on the next business day. All information requested on the form must be completed. This form cannot be accepted electronically (via email). Any copies made during the inspection are subject to the fee schedule below. For questions regarding Freedom of Information Act requests, please contact the Village Clerk at 815.423.5011
(4) Freedom of Information Act; request fees for the village.
Document | Fee |
Document | Fee |
Single side copies of records | $.25 per page |
Building permit applications | $.25 per page |
Defendant traffic tickets | $.25 per page |
Fire Department fire reports | $.25 per page |
Certification | $1 per page |
Maps/city drawings/blueprints/plats/plans | $4 per page |
Police accident reports | $5 per copy |
Police photographs | $6 per copy |
Audio/video tapes | $10 per tape |
Flood maps | $2 per map |
Sewer/water zoning maps | $5 per map |
Utility construction drawings | $2 per page |
Microfilm - full page | $.75 per frame |
Microfilm - half page | $.30 per frame |
Engineering detail sheets | $2 per map |
Sewer/water zoning maps | $5 per map |
(5) Freedom of Information Act; request form to the village.
Return to: Village of Elwood
Attn: Village Clerk, Patricia Buchenau
201 Mississippi Street
Elwood, IL 60421
Fax: 815.423.6861
Requestor information:
NAME _________________________________________________
ADDRESS __________________________________________________________________
CITY ________________________________ STATE ____________ ZIP _______________
DATE OF REQUEST ____________________________ DAYTIME PHONE _________________
Description of the public records and information requested, including the relevant category, specific dates known, and/or persons in the record. Use additional pages, if necessary.
Categories: Municipal meeting minutes
Agendas
Board meetings: Planning, Finance, Park
Budget/finance records
Village year end report
Ordinances
Applications for food/restaurant/tobacco or liquor licenses
Public works
Personnel
Payroll
Police Department records (see supplement)
Please indicate the manner of public review:
______ Written copy ______ Inspection ______ Electronic copy _____ Other
Date/time available to inspect public record: _________________________________
Certification needed? ____Yes ____No
Approximate number of pages requested if known _______
Important: Please note the fees charged for copies requested or made during inspection.
_________________________________________________
Signature of requestor
(Ord. 824, passed 8-16-2006)
Statutory reference:
Freedom of Information Act, see ILCS Ch. 5, Act 140