(a) Responses generally.
(1) Unless otherwise agreed to in writing by the person making the request, the city will issue a response within five business days of receipt of a FOIA request. If a request is received by fax, email or other electronic transmission, the request is deemed to have been received on the following business day.
(2) The city will respond to a request in one of the following ways:
A. Grant the request;
B. Issue a written notice denying the request;
C. Grant the request in part and issue a written notice denying in part the request;
D. Issue a notice indicating that due to the nature of the request the city needs an additional ten business days to respond for a total of no more than 15 business days. Only one such extension is permitted; and
E. Issue a written notice indicating that the public record requested is available at no charge on the city’s website.
(b) When a request is granted.
(1) If the request is granted or granted in part, the FOIA Coordinator will require that payment be made in full for the allowable fees associated with responding to the request before the public record is made available.
(2) The FOIA Coordinator shall provide a detailed itemization of the allowable costs incurred to process the request to the person making the request.
(3) A copy of these “Procedures and Guidelines” and the “Written Public Summary” will be provided to the requestor free of charge with the response to a written request for public records, provided, however, that because these “Procedures and Guidelines” and the “Written Public Summary” are maintained on the city’s website at: www.cityofgrandblanc.com, a link to the “Procedures and Guidelines” and the “Written Public Summary” will be provided in lieu of providing paper copies of those documents.
(4) If the cost of processing a FOIA request is $50 or less, the requester will be notified of the amount due and where the documents can be obtained.
(5) If the cost of processing a FOIA request is expected to exceed $50 based on a good-faith calculation, or if the requestor has not paid in full for a previously granted request, the city will require a good-faith deposit pursuant to § 208.05 before processing the request.
(6) In making the request for a good-faith deposit, the FOIA Coordinator shall provide the requestor with a detailed itemization of the allowable costs estimated to be incurred by the city to process the request and also provide a best efforts estimate of a time frame it will take the city to provide the records to the requestor. The best efforts estimate shall be non-binding on the city, but will be made in good faith and will strive to be reasonably accurate, given the nature of the request in the particular instance, so as to provide the requested records in a manner based on the public policy expressed by § 208.02.
(c) When a request is denied or denied in part.
(1) If the request is denied or denied in part, the FOIA Coordinator will issue a notice of denial which shall provide in the applicable circumstance:
A. An explanation as to why a requested public record is exempt from disclosure;
B. A certificate that the requested record does not exist under the name or description provided by the requestor, or another name reasonably known by the city;
C. An explanation or description of the public record or information within a public record that is separated or deleted from the public record;
D. An explanation of the person’s right to submit an appeal of the denial to either the office of the Mayor or seek judicial review in the County Circuit Court;
E. An explanation of the right to receive attorneys’ fees, costs and disbursements, as well actual or compensatory damages, and punitive damages of $1,000, should they prevail in Circuit Court; and
F. The notice of denial shall be signed by the FOIA Coordinator.
(2) If a request does not sufficiently describe a public record, the FOIA Coordinator may, in lieu of issuing a notice of denial indicating that the request is deficient, seek clarification or amendment of the request by the person making the request. Any clarification or amendment will be considered a new request subject to the timelines described in this section.
(d) Requests to inspect public records. The city shall provide reasonable facilities and opportunities for persons to examine and inspect public records during normal business hours. The FOIA Coordinator is authorized to promulgate rules regulating the manner in which records may be viewed so as to protect city records from loss, alteration, mutilation or destruction and to prevent excessive interference with normal city operations.
(e) Requests for certified copies. The FOIA Coordinator shall, upon written request, furnish a certified copy of a public record at no additional cost to the person requesting the public record.