(a) The Clerk of Council is designated as the primary office of responsibility for the processing of requests for public records from the Village. All requests for public inspection of public records received by any officer or employee of the Village shall be referred to the Clerk of Council for processing, except that:
(1) Records created through the normal operation of the Department of Public Safety shall be processed through the Department of Public Safety, including, but not limited to accident reports, investigative reports, internal and external correspondence and police personnel records. Release and/or inspection of such records shall be in accordance with the procedures set forth in the Department of Public Safety.
(2) Records created through the normal operation of the Planning and Zoning Department shall be processed through that Department, including but not limited to maps, aerial photography, building inspections, internal and external correspondence, violations and notices.
A. Such records shall be available for inspection and/or release Monday through Friday, 10:00 a.m. to 4:00 p.m.
B. Fees for reproduction of records shall be as described in Section 210.02.
C. Public records shall be made available for inspection and/or release promptly following the receipt of any such request. The length of time necessary to produce the records(s) for inspection and/or release will vary, depending on the location of the record, as well as the media on which the record is stored.
1. The Planning and Zoning Department shall, however, make every effort to produce the record(s) for inspection within two working days of the date the request is received.
2. If the record(s) cannot be produced for inspection and/or release within two working days, the Planning and Zoning Department will inform the requestor of the specific reasons for the delay and establish a specific time when the record(s) will be available. A written memorandum of the facts and circumstances causing the delay will be maintained by the Planning and Zoning Department.
3. Requests for records which may be exempt from disclosure by law shall be referred to the Village Solicitor. Whenever possible the Village Solicitor shall render a written opinion, within two working days, as to whether the record(s) may be inspected or released, and provide a copy of said opinion to the Planning and Zoning Department and the requestor. The Village Solicitor is authorized to file, on behalf of the Village, any legal action necessary to protect the Village's interest regarding the release of documents not authorized by law.
(3) Records created through the normal operation of the Mayor's Court shall be processed through the Clerk of Court.
A. Fees for reproduction shall be described in Section 210.02.
B. Such records shall be promptly prepared and made available for inspection Monday through Friday, 9:00 a.m. to 3:00 p.m. The length of time needed to prepare the record(s) will vary, depending on the size of the request.
1. The Clerk of Court shall, however, make every effort to produce the record(s) for inspection within two working days of the date the request is received.
2. If the record(s) cannot be produced for inspection and/or release with two working days, the Clerk of Court will inform the requestor of the specific reasons for the delay and establish a specific time when the record(s) will be available. The Clerk of Court will maintain a written memorandum of the facts and circumstances causing the delay.
C. Prepayment shall be required in advance for all records requests including records to be faxed and mailed. Said prepayment shall include the costs of mailing supplies, postage and long distance fax charges. Large and/or extraordinary requests may require extra time for the preparing of such records.
(b) No form is needed to request the release or inspection of public records.
(c) Such records shall be available for inspection and/or release Monday through Friday, 10:00 a.m. to 4:00 p.m. Public records shall be made available for inspection and/or release promptly following the receipt of any such request. The length of time necessary to produce the record(s) for inspection and/or release will vary, depending on the location of the record as well as the media on which the record is stored.
(1) The Clerk of Council shall, however, make every effort to product the record(s) for inspection within two working days of the date the request is received.
(2) If the record(s) cannot be produced for inspection and/or release within two working days, the Clerk of Council will inform the requestor of the specific reasons for the delay and establish a specific time when the record(s) will be available. The Clerk of Council will maintain a written memorandum of the facts and circumstances causing the delay.
(d) Request for records that are subject to the Health Insurance Portability Accountability Act (HIPAA) privacy regulations shall comply with the requirements set forth by the Village Manager. All such request for the release or inspection of records subject to HIPAA shall be in writing.
(e) Request for records which may be exempt from disclosure by law shall be referred to the Village Solicitor. Whenever possible, within two working days of the receipt of such referral, the Village Solicitor shall render a written opinion as to whether the record(s) may be inspected or released and provide a copy of said opinion to the Clerk of Council and the requestor. The Village Solicitor is authorized to file, on behalf of the Village, any legal action necessary to protect the Village's interest regarding the release of documents not authorized by law.
(f) Council shall approve a fee schedule for the reproduction of records. The Clerk of Council, Clerk of Courts, Police Department, Village Administration and the Planning and Zoning Department shall determine the cost of media types or records not contained on the fee schedule on a case-by-case basis.
(1) Records shall be available on the media created through the normal operations of the Village.
(2) Prepayment will be required for large and/or burdensome requests, as well as for records to be faxed or mailed. Said prepayment shall include the costs of mailing supplies, postage and long distance fax charges.
(Res. 2004-58. Passed 10-18-2004.)