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§ 35.40 CERTAIN INFORMATION EXEMPT FROM INSPECTION AND COPYING.
   (A)   Information exempted by§§ 7 and 7.5 of the Freedom of Information Act shall be exempt from inspection and copying. If a record contains both exempt and non-exempt information, the village may elect to redact the information that is exempt and make the remainder of the record available for inspection and copying.
   (B)   Moreover, information described in the definition for “public record” may be withheld if it is determined that disclosure would:
      (1)   Interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement agency;
      (2)   Endanger the life or physical safety of law enforcement or correctional personnel or any other person; or
      (3)   Compromise the security of any correctional facility.
(Prior Code, § 40.011) (Ord. 2010-001, passed 1-4-2010)
§ 35.41 NOTICE OF DENIAL OF REQUEST; REQUEST FOR REVIEW.
   (A)   The FOIA Officer, when denying a request for public record, shall notify the requestor, by letter, of the decision to deny the information, the reason for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial.
   (B)   Each notice of denial by the FOIA Officer shall inform the person of the right to review by the public access counselor and provide the address and phone number for the public access counselor.
   (C)   Each notice of denial shall also inform such person of his or her right to judicial review in accordance with § 11 of the Freedom of Information Act.
   (D)   When a request is denied on the grounds that the records are exempt under the provisions of this subchapter, the notice of denial shall specify the exemption claimed to authorize the denial and briefly explain how the exemption applies to the specified records withheld.
   (E)   Copies of all notices of denials shall be retained by the village in a single central office file that is open to the public and indexed according to the type of exemption asserted and, to the extent feasible, according to the types of records requested.
   (F)   Any person making a request for public records shall be deemed to have exhausted his or her administrative remedies with respect to that request if the village fails to act within the time periods provided in §§ 35.37 and 35.38 of this chapter.
(Prior Code, § 40.012) (Ord. 2010-001, passed 1-4-2010)
§ 35.42 PUBLIC ACCESS COUNSELOR; OPINIONS.
   (A)   A person whose request to inspect or copy a public record is denied by the village may file a request for review with the public access counselor established in the office of the Attorney General not later than 60 days after the date of the final denial. The request for review must be in writing, signed by the requester, and include:
      (1)   A copy of the request for access to records; and
      (2)   Any responses from the public body.
   (B)   If the village receives a request for records, and asserts that the records are exempt under general exemptions (1)(C) or (1)(F), it shall, within the time periods provided for responding to a request, provide written notice to the requester and the public access counselor of its intent to deny the request in whole or in part. The notice shall include:
      (1)   A copy of the request for access to records;
      (2)   The proposed response from the public body; and
      (3)   A detailed summary of the public body’s basis for asserting the exemption.
   (C)   In accordance with FOIA, upon receipt of a notice of intent to deny from the village, the public access counselor determines whether further inquiry is warranted. Within five working days after receipt of the notice of intent to deny, the public access counselor notifies the village and the requester whether further inquiry is warranted. If the public access counselor determines that further inquiry is warranted, the procedures set out in this section regarding the review of denials, including the production of documents, shall also be applicable to the inquiry and resolution of a notice of intent to deny from the village. Times for response or compliance by the village under §§ 35.37 and 35.38 of this chapter shall be tolled until the public access counselor concludes his or her inquiry.
   (D)   In accordance with FOIA, upon receipt of a request for review, the public access counselor determines whether further action is warranted. If the public access counselor determines that the alleged violation is unfounded, he or she so advises the requester and the village and no further action shall be undertaken. In all other cases, the public access counselor forwards a copy of the request for review to the village within seven working days after receipt and specifies the records or other documents that the village shall furnish to facilitate the review. Within seven working days after receipt of the request for review, the FOIA Officer shall provide copies of records requested and shall otherwise fully cooperate with the public access counselor. If the FOIA Officer fails to furnish specified records pursuant to this section, or if otherwise necessary, the Attorney General may issue a subpoena to any person or public body having knowledge of or records pertaining to a request for review of a denial of access to records under the Freedom of Information Act. By statute, to the extent that records or documents produced by the village contain information that is claimed to be exempt from disclosure pursuant to § 7 of the Freedom of Information Act, the public access counselor does not further disclose that information.
   (E)   In accordance with FOIA, within seven working days after it receives a copy of a request for review and request for production of records from the public access counselor, the FOIA Officer may, but is not required to, answer the allegations of the request for review. The answer may take the form of a letter, brief or memorandum. The public access counselor forwards a copy of the answer to the person submitting the request for review, with any alleged confidential information to which the request pertains redacted from the copy. The requester may, but is not required to, respond in writing to the answer within seven working days and shall provide a copy of the response to the village. In addition to the request for review, and the answer and the response thereto, if any, a requester or the village may furnish affidavits or records concerning any matter germane to the review.
   (F)   (1)   In accordance with FOIA, unless the public access counselor extends the time by no more than 21 business days by sending written notice to the requester and the village that includes a statement of the reasons for the extension in the notice, or decides to address the matter without the issuance of a binding opinion, the Attorney General examines the issues and the records, makes findings of fact and conclusions of law, and issues to the requester and the village an opinion in response to the request for review within 60 days after its receipt. The opinion is binding upon both the requester and the village, subject to administrative review under § 11.5 of the Freedom of Information Act (5 ILCS 140/11.5).
      (2)   Upon receipt of a binding opinion concluding that a violation of FOIA has occurred, the FOIA Officer shall either take necessary action immediately to comply with the directive of the opinion or shall initiate administrative review under § 11.5 of FOIA. If the opinion concludes that no violation of FOIA has occurred, the requester may initiate administrative review under § 11.5 of FOIA. If the village discloses records in accordance with an opinion of the Attorney General, it is immune from all liabilities by reason thereof and shall not be liable for penalties under FOIA.
   (G)   (1)   In accordance with FOIA, the Attorney General may also issue advisory opinions to the village regarding compliance with FOIA. A review may be initiated upon receipt of a written request from the Village Mayor or the Village Attorney, which shall contain sufficient accurate facts from which a determination can be made. The public access counselor may request additional information from the village in order to assist in the review.
      (2)   If the village relies in good faith on an advisory opinion of the Attorney General in responding to a request, it is not liable for penalties under FOIA, so long as the facts upon which the opinion is based have been fully and fairly disclosed to the public access counselor.
(Prior Code, § 40.013) (Ord. 2010-001, passed 1-4-2010)
§ 35.43 GRANTING OF REQUEST; PROCEDURE FOR INSPECTION.
   When a freedom of information request is granted, the documents will be made available for inspection at the Village Hall during regular business hours. Copies shall be made upon request as set forth in § 35.36 of this chapter.
(Prior Code, § 40.014) (Ord. 2010-001, passed 1-4-2010)
§ 35.44 WRITTEN REQUEST NOT REQUIRED FOR CERTAIN DOCUMENTS.
   (A)   The following documents shall be made available for inspection and copying without a written request; however, the requestor shall contact the FOIA Officer or designee in advance to set a mutually convenient time.
   (B)   These documents, if copied, shall be subject to the copying fee set forth in § 35.36 of this chapter:
      (1)   Ordinances and written resolutions;
      (2)   The journal of the Board of Trustees, not including executive session minutes; and
      (3)   Any Personnel Code, Building Code, other technical code or any other regulation of the village adopted by the village, whether by ordinance, resolution or otherwise.
(Prior Code, § 40.015) (Ord. 2010-001, passed 1-4-2010)
§ 35.45 SPECIAL PROVISIONS PERTAINING TO CERTAIN LAW ENFORCEMENT RECORDS.
   The following chronologically maintained arrest and criminal history information maintained by the Village Police Department shall be furnished as soon as practical, but in no event later than 72 hours after the arrest, notwithstanding the time limits otherwise provided for in § 35.37 of this chapter:
   (A)   Information that identifies the individual, including the name, age, address and photograph, when and if available;
   (B)   Information detailing any charges relating to the arrest;
   (C)   The time and location of the arrest;
   (D)   The name of the investigating or arresting law enforcement agency;
   (E)   If the individual is incarcerated, the amount of any bail or bond; and
   (F)   If the individual is incarcerated, the time and date that the individual was received into, discharged from or transferred from the Village Police Department’s custody.
(Prior Code, § 40.016) (Ord. 2010-001, passed 1-4-2010)
§ 35.46 DISSEMINATION OF INFORMATION ABOUT PUBLIC BODIES.
   (A)   The village shall prominently display at the Village Hall, make available for inspection and copying without charge, and shall send through the mail if requested, each of the following:
      (1)   A brief description of itself, which will include, but not be limited to, a short summary of its purpose, a block diagram giving its functional subdivisions, the total amount of its operating budget, the number and location of all of its separate offices, the approximate number of full- and part-time employees and the identification and membership of any board, commission, committee or council which operates in an advisory capacity relative to the operation of the village, or which exercises control over its policies or procedures, or to which the village is required to report and be answerable for its operations; and
      (2)   A brief description of the methods whereby the public may request information and public records, a directory designating for the FOIA Officer or officers, the address where requests for public records should be directed and any fees allowable under § 35.36 of this chapter.
   (B)   The village shall also post this information on its website, if one is maintained.
(Prior Code, § 40.017) (Ord. 2010-001, passed 1-4-2010)
§ 35.47 LIST OF CATEGORIES OF RECORDS.
   As to public records prepared or received after the effective date of this subchapter, the FOIA Officer shall maintain and make available for inspection and copying a reasonably current list of all types or categories of records under its control. The list shall be reasonably detailed in order to aid persons in obtaining access to public records pursuant to this subchapter. The FOIA Officer shall furnish upon request a description of the manner in which public records stored by means of electronic data processing may be obtained in a form comprehensible to persons lacking knowledge of computer language or printout format.
(Prior Code, § 40.018) (Ord. 2010-001, passed 1-4-2010)
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