The following procedures and regulations are hereby adopted regarding requests of public records pursuant to the Illinois freedom of information act:
A. Definitions:
BUSINESS HOURS: Eight thirty o'clock (8:30) A.M. to five o'clock (5:00) P.M. on a working day.
WORKING DAY: Any day on which the city hall is open and staffed for regular public business during business hours. "Working days" are generally Monday through Friday, except recognized legal holidays.
B. Interpretation:
1. These FOIA rules are intended to implement the provisions of the freedom of information act, 5 Illinois Compiled Statutes 140/1 et seq., hereinafter referred to as the "act", as amended.
2. If any provision of these FOIA rules is deemed illegal or unenforceable, all other provisions and the application thereof shall remain unaffected to the extent permitted by law.
C. Requesting Public Records: Requests for public records shall be submitted, in writing, to the freedom of information officer or the freedom of information officer's designee at the Highwood City Hall, 17 Highwood Avenue, Highwood, IL 60040. The form that is available can be obtained at www.cityofhighwood.com or at the Highwood City Hall, 17 Highwood Avenue, Highwood, IL 60040, during normal business hours. Any request delivered at a time other than normal business hours shall be deemed to be received on the next business day.
D. Establishment: The assistant city manager shall be the freedom of information officer as required in section 3.5 of the freedom of information act on and after January 1, 2010 1 . In the absence or vacancy of the assistant city manager, the city manager shall be the freedom of information officer. In the temporary absence of both the assistant city manager and the city manager, the city manager shall designate an employee of the city to act as the freedom of information officer.
E. Designees: The assistant city manager may designate an individual or individuals to receive requests under the freedom of information act. Such designation is subject to the approval of the city manager.
F. Duties Of Freedom Of Information Officer: Except in instances when records are furnished immediately, the freedom of information officer, or his/her designee, shall receive requests submitted to the city under the freedom of information act, ensure that the city responds to requests in a timely fashion, and issue responses under the freedom of information act. The freedom of information officer shall develop a list of documents or categories of records that the city shall immediately disclose upon request. Upon receiving a request for a public record, the freedom of information officer shall:
1. Note the date the city receives the written request;
2. Compute the day on which the period for response will expire and make a notation of that date on the written request;
3. Maintain an electronic or paper copy of a written request, including all documents submitted with the request until the request has been complied with or denied;
4. Create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of other communications.
G. Denials And Exemptions: In issuing responses, the freedom of information officer shall consult with the city attorney, city manager and other appropriate city employees to determine whether items are exempt from disclosure or whether exempt matter should be redacted as part of a response to a freedom of information request. In all instances where the freedom of information act allows the "public body" to deny or redact information which is exempt from disclosure, the freedom of information officer shall have the authority to make such determinations upon his or her consultation with the city attorney and city administrator as set forth above.
H. Training: The assistant city manager and city manager shall comply with the training requirements set forth in the freedom of information act.
I. FOIA Fees: The freedom of information officer shall charge the fees set forth in section 3-2A-1 of this code for copying documents.
The freedom of information officer may waive or reduce the fees upon a finding by the freedom of information officer that the request is in the public interest as set forth in section 6 of the freedom of information act. (Ord. 15-O-34, 6-2-2015)
Notes
| 1 | 1. 5 ILCS 140/3.5. |