The City Council finds that the fundamental philosophy of the American constitutional form of representative government is the principle that government is the servant of the people, and not the master of them. It therefore is hereby declared to be the public policy of the City of Vienna, West Virginia, that all persons are, unless otherwise expressly provided by law, entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. The City Council, in order to assure that the City in a timely manner provides complete and correct information relating to the business of the City, does hereby enact this ordinance to standardize procedures within the City of Vienna associated with processing Freedom of Information Act requests.
(Ord. 05-14. Passed 4-24-14.)
This Article applies to all employees of the City, any individual or organization charged with producing City FOIA responses, and contracted organizations and individuals as their contracts may require compliance with this Article or City policies generally.
(Ord. 05-14. Passed 4-24-14.)
The definitions ascribed herein are applicable unless the context in which used clearly
requires a different meaning. Additionally, the definitions in West Virginia Code 29B-1-1 et seq. are equally applicable to this Article unless the context in which the term is used clearly requires a different meaning.
(a) "Addressee" means the person to whom the FOIA request is addressed.
(b) "City" means the City of Vienna, West Virginia.
(c) "Custodian" means the Mayor or the person designated by the Mayor to be the custodian.
(d) "Department" means the following units of the City: Mayor, Recorder, Finance Director, Fire Department, Police Department, Vienna Utility Board, and Public Works Department.
(e) "FOIA" means the West Virginia Freedom Of Information Act (West Virginia Code 29B-1-1 , et seq.).
(f) "Legal Counsel" means the attorney so designated by the Mayor.
(g) "Mayor'' means the Mayor of the City, or his or her designee.
(h) "Public record" includes any writing containing information relating to the conduct of the public's business, prepared, owned and retained by a public body.
(i) “Writing" includes any books, papers, maps, photographs, cards, tapes, recordings or other documentary materials regardless of physical form or characteristics.
(j) "FOIA request" means an oral or written statement or question, including an e-mail, to the City for inspection or copying of one or more of the City's records.
(k) "Requester" means a person filing a FOIA request for City Records.
(Ord. 05-14. Passed 4-24-14.)
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