(A) Except as provided in the Act, the Village shall make available to any person for inspection and copying, all public records that are not exempt from disclosure under the Act, subject to the fee provisions contained herein, and shall certify any copies of public records upon request.
(B) The Village, through the Freedom of Information Officer(s), shall either comply with or deny a request for public records, other than requests made for a commercial purpose or by recurrent requesters (see divisions (H) and (I) below), within five business days after its receipt of the request, unless the time for response is properly extended pursuant to the Act, or the requester agrees to a further extension.
(C) The Freedom of Information Officer(s) shall review each request for public records and shall determine whether or not any of the requested records are exempt under the Act. Exempt records and private information shall not be produced. If any public record that is exempt from disclosure under the Act contains material that is not exempt, the Freedom of Information Officer(s) shall delete the exempt information and make the remaining information available.
(D) The time to respond may be extended by an additional five business days from the original due date for any of the reasons set forth in the Act. When additional time is required for any of these reasons, the Freedom of Information Officer(s), or his or her designee, shall, within five business days of the receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming.
(E) The village shall not require a requester to specify the purpose for a request, except to determine whether the records are requested for a commercial purpose or whether to grant a request for a fee waiver.
(F) When a person requests a copy of a public record maintained in an electronic format, the Freedom of Information Officer(s) shall furnish it in the electronic format specified by the requester, if feasible. If it is not feasible to furnish the record in the specified electronic format, the Freedom of Information Officer(s) shall furnish it in the format in which it is maintained by the village, or in paper format at the option of the requester.
(G) (1) The Freedom of Information Officer(s) shall respond to a request for public records to be used for a commercial purpose within 21 days of the receipt of the request. The response to such a request shall:
(a) Provide to the requester an estimate of the time required by the village to provide the records requested and an estimate of fees to be charged, which shall be paid in full before the public records are produced;
(b) Deny the request pursuant to one or more of the exemptions set forth in the Act;
(c) Notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or
(d) Produce the records requested.
(2) Unless the records are exempt from disclosure, the Village shall comply with the request within a reasonable period of time considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes.
(H) (1) The Freedom of Information Officer(s) shall respond to a request from a recurrent requester, as defined in § 37.02, within 21 business days after receipt. The response shall:
(a) Provide to the requester 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;
(b) Deny the request pursuant to one or more of the exemptions set out in the Act;
(c) Notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or
(d) Provide the records requested.
(2) (a) Within five business days after receiving a request from a recurrent requester, as defined in § 37.02, the Freedom of Information Officer(s) shall notify the requester:
1. That the village is treating the request as a request from a recurrent requester;
2. Of the reasons why the village is treating the request as a request from a recurrent requester; and
3. That the village, through the Freedom of Information Officer(s), will send an initial response within 21 business days after receipt in accordance with division (H)(1).
(b) The village shall also notify the requester of the proposed responses that can be asserted pursuant to this division (H).
(3) Unless the records are exempt from disclosure, the village, through the Freedom of Information Officer(s), shall comply with a request from a recurrent requester within a reasonable period considering the size and complexity of the request.
(I) Requests calling for all records falling within a category shall be complied with unless compliance would be unduly burdensome and there is no way to narrow the request, and the burden on the village outweighs the public interest in the information. Before involving this exemption, the Freedom of Information Officer(s) shall extend to the requester an opportunity to confer in an attempt to reduce the request to manageable proportions. This communication shall be in writing and shall specify the reasons why compliance with the request would be unduly burdensome.
(J) Any denial of a request for public records shall be in writing and shall be made by the Freedom of Information Officer(s), or his or her designee. The Freedom of Information Officer(s) shall notify the requester of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemptions, and the names and titles of each person responsible for the denial. Each notice of denial shall also:
(1) Inform the requester of the right to review by the Public Access Counselor and provide the address and phone number of the Public Access Counselor;
(2) Inform the requester of his or her right to judicial review under Section 11 of the Act; and
(3) Specify the exemption under the Act that authorizes the denial, and the specific reasons for the denial, including a detailed factual basis and a citation to supporting legal authority.
(K) The Freedom of Information Officer(s) shall retain copies of all notices of denial 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.
(L) If a denial is appealed by the requester to the Public Access Counselor, the village shall participate in the appeal, if any, and may seek administrative review of any decision pursuant to the Act.
(Ord. 2009-O-064, passed 12-1-09; Am. Ord. 2011-O-047, passed 10-18-11)