A. Pursuant to the FOIA, the village is generally required to produce the requested records within five (5) business days of receipt of the request, excluding the day the request was received by the village, except where the request is made for commercial purposes, and except where the request is made by a "recurrent requester" as provided in this chapter.
B. "Commercial enterprise" as used in the Illinois freedom of information act (FOIA) shall include both profit and not for profit ventures, organizations and entities. The village may inquire as to whether the records requested are sought to advance a commercial purpose, and if a requester attempts to procure a public record for a commercial purpose without disclosing that the use is for a commercial purpose, that constitutes a violation of the FOIA 1 . The village's response to such commercial requests shall be as follows:
1. Within twenty one (21) business days after receipt of such a commercial request, the village shall respond in writing to the requester, which response shall include an estimate of time required to fulfill the request; an estimate of the fees to be charged, and other associated costs as provided in section 1-10-7 of this title, and, if applicable, notification that the requester may be required to pay the fees and charges in full before the requested records are copied; and/or notification that the request is unduly burdensome, extending an opportunity to the requester to reduce the request to a manageable proportion; or provide the requested records.
2. If the requested records were not provided to the commercial requester within the aforesaid twenty one (21) business day period, unless the records are exempt from disclosure, the requested records shall be sent to the commercial requester within a reasonable period thereafter, considering the size and complexity of the request.
C. Notwithstanding the foregoing, if a request is delivered on a day which is not a business day, or after the close of business, the request shall be deemed made on the first business day subsequent thereto.
D. If, upon review of the request, the FOIA officer, or his or her designee, finds that he or she is not able to compile all of the necessary information immediately, another time may be arranged within the prescribed time frame for the requester to return to receive a response to the request.
E. The FOIA officer, or his or her designee, may extend the time limit for responding to a request by an additional five (5) business days where:
1. The requested record is in a place other than the office in charge of the record.
2. The request requires an extensive search.
3. The records have not been found in time and additional efforts are necessary to retrieve them.
4. The record requires examination to determine if it should be exempt from viewing.
5. Compliance with the request would cause undue burden or interfere with the operations of the village. (Repeated requests for the same information by the same person shall be deemed unduly burdensome under this provision.)
F. If it is necessary to extend the time limit for production of records, the requester will be notified in writing by the FOIA officer or his or her designee within five (5) business days of receipt of the request and such notice will give the reason for the extension. Failure to respond to the request within five (5) business days is considered a denial of the request. (Ord. 2011-O-25, 11-1-2011)
Notes
| 1 | 1. 5 ILCS 140/3.1. |