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§ 35.31 POLICY.
   It is declared to be the public policy of the village that all persons are entitled to full and complete information regarding the affairs of the village. The official acts and policies of the public officials and public employees of the village shall be consistent with the terms of this subchapter.
(Prior Code, § 40.002) (Ord. 2010-001, passed 1-4-2010)
§ 35.32 INDIVIDUAL PRIVACY PROTECTED.
   This subchapter is not intended to be used to violate individual privacy or to disrupt the duly undertaken work of the village.
(Prior Code, § 40.003) (Ord. 2010-001, passed 1-4-2010)
§ 35.33 PUBLIC RECORDS AVAILABLE.
   The village shall make available to any person for inspection or copying all public records, as provided in the Freedom of Information Act, 5 ILCS 140/1.1 et seq.
(Prior Code, § 40.004) (Ord. 2010-001, passed 1-4-2010)
§ 35.34 FREEDOM OF INFORMATION ACT OFFICER.
   (A)   The village shall designate one or more officials or employees to act as its Freedom of Information Act Officer (“FOIA Officer”). The Chief of Police is hereby designated as Deputy FOIA Officer for FOIA requests involving the Police Department and the Village Attorney is designated as Deputy FOIA Officer in the place and stead of the FOIA Officer if the FOIA Officer is unavailable. Except in instances when records are furnished immediately, the FOIA Officer, or designee, shall receive requests submitted to the village under this subchapter and issue responses accordingly. All village officers and employees who receive a FOIA request from any source whatsoever shall notify the FOIA Officer within one working day. If the FOIA Officer is not available, the Village Attorney shall be notified.
   (B)   Upon receiving a request for a public record, the FOIA Officer shall:
      (1)   Note the date the village 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; and
      (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.
   (C)   The Village FOIA Officer and deputies shall, by 7-1-2010, successfully complete an electronic training curriculum to be developed by the public access counselor and thereafter successfully complete an annual training program. Thereafter, whenever a new FOIA Officer is designated by the village, that person shall successfully complete the electronic training curriculum within 30 days after assuming the position. Successful completion of the required training curriculum within the periods provided shall be a prerequisite to continue serving as a FOIA Officer.
(Prior Code, § 40.005) (Ord. 2010-001, passed 1-4-2010)
§ 35.35 REQUESTS TO BE IN WRITING.
   (A)   All requests for inspection or copying of public records shall be in writing and shall be addressed to the FOIA Officer.
   (B)   The requestor shall include the following information in any request for public records:
      (1)   The requestor’s full name, mailing address and telephone number at which the requestor can be reached during normal business hours;
      (2)   A description of the records sought, as specific as possible;
      (3)   An indication of whether the records are requested for a commercial purpose and whether the requestor seeks a fee waiver; and
      (4)   A statement as to whether the request is for inspection, copying, or both.
   (C)   The FOIA Officer shall make available a form for use by requestors; however, no request shall be denied for failure to use the form.
   (D)   All requests for inspection and copying received by the village shall immediately be forwarded to its FOIA Officer or designee.
(Prior Code, § 40.006) (Ord. 2010-001, passed 1-4-2010)
§ 35.36 FEES.
   (A)   The village hereby establishes and shall charge fees reasonably calculated to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the village to copy records. Such fees exclude the costs of any search for and review of the record, and shall not exceed the actual cost of reproduction and certification, unless otherwise provided by state statute. The charge for copying shall be $0.10 per page for photocopies, $0.05 per page for computer printouts and $2.50 per audio tape, CD or DVD. No fees shall be charged for the first 50 pages of black and white, letter or legal sized copies requested by a requestor. If the village provides copies in color or in a size other than letter or legal, it shall charge the actual cost for reproducing the records. In calculating the actual cost for reproducing records or for the use of the equipment of the village to reproduce the records, the village shall not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records. The cost for certifying a record shall be $1.
   (B)   Documents shall be furnished without charge or at a reduced charge where the village determines that waiver or reduction of the fee is in the public interest because furnishing information can be considered as primarily benefitting the general public. Waiver or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit. For purposes of this division (B), commercial benefit shall not apply to requests made by news media when the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public. In setting the amount of the waiver or reduction, the village may take into consideration the amount of materials requested and the cost of copying them.
(Prior Code, § 40.007) (Ord. 2010-001, passed 1-4-2010)
§ 35.37 TIME LIMIT FOR COMPLIANCE WITH REQUEST.
   (A)   Compliance with request (non-commercial purpose). The village shall either comply with or deny a request for public records within five business days after its receipt. If the village fails to respond to a request within the requisite periods in this section, but thereafter provides the requester with copies of the requested public records it may not impose a fee for such copies. If the village fails to respond to a request received it may not treat the request as unduly burdensome under § 35.39 of this chapter. Denials shall be in writing and in accordance with § 35.41 of this chapter.
   (B)   Compliance with request (commercial purpose). The village shall respond to a request for records to be used for a commercial purpose within 21 working days after receipt. The response shall:
      (1)   Provide to the requestor an estimate of the time required by the village to provide the records requested and an estimate of the fees to be charged, which the village may require the person to pay in full before copying the requested documents;
      (2)   Deny the request pursuant to one or more of the exemptions set out in this subchapter;
      (3)   Notify the requestor that the request is unduly burdensome and extend an opportunity to the requestor to attempt to reduce the request to manageable proportions; or
      (4)   Provide the records requested.
   (C)   Compliance. Unless the records are exempt from disclosure, the village shall comply with a request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes. No person shall knowingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose, if requested to do so by the village.
(Prior Code, § 40.008) (Ord. 2010-001, passed 1-4-2010)
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