(A) The time limit prescribed in § 35.37(A) of this chapter may be extended in each case for not more than five additional business days from the original due date for any of the following reasons:
(1) The requested records are stored in whole or in part at other locations other than the office having charge of the requested records;
(2) The request requires the collection of a substantial number of specified records;
(3) The request is couched in categorical terms and requires an extensive search for the records responsive to it;
(4) The requested records have not been located in the course of routine search and additional efforts are being made to locate them;
(5) The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under the terms of the State Freedom of Information Act or should be revealed only with appropriate deletions;
(6) The request for records cannot be complied with by the village within the time limits prescribed by the foregoing paragraph without unduly burdening or interfering with the operations of the village; and/or
(7) There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.
(B) The person making a request and the village may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requestor and the village agree to extend the period for compliance, a failure by the village to comply with any previous deadlines shall not be treated as a denial of the request for the records.
(C) When additional time is required for any of the above reasons, the FOIA Officer shall notify the person making the request, by letter, within the five business days after receipt of the request, of the reasons for the delay and the date by which the records will be made available or denial will be forthcoming. In no instance may the delay in processing last longer than five business days. A failure to render a decision within the time permitted for extension shall be considered a denial of the request.
(D) If the village fails to respond to a request within the time permitted for extension but thereafter provides the requestor with copies of the requested public records, the village may not impose a fee for those copies. If the village requests an extension and subsequently fails to respond to the request, it may not treat the request as unduly burdensome under § 35.39 of this chapter.
(Prior Code, § 40.009) (Ord. 2010-001, passed 1-4-2010)