1-9-10: DENIAL OF RECORDS; EXEMPTION(S):
If requested information cannot be released due to its exempt nature, or if a request is unduly burdensome, the FOIA officer, or his or her designee, shall complete a "denial of request for records" form and mail same to the requester along with a blank "notice of appeal" form. The denial of request for records form shall include: a) the decision to deny the request; b) the reasons for the denial, including a detailed factual basis for the application of any exemption claimed; c) the names and titles or positions of each person responsible for the denial; d) the right to review by the public access counselor, if applicable, and the address and phone number for the public access counselor; and e) the right to judicial review. If an exemption is claimed, then the denial shall include the specific reason(s) for the denial, including a detailed factual basis and a citation to support legal authority.
A copy of each such denial letter and the completed request form shall also be provided to the village president and the village attorney. Copies of all notices of denial shall be retained by the FOIA officer, or his or her designee, in a central file that is publicly accessible and indexed by type of exemption. (Ord. 2011-O-25, 11-1-2011)