R-1166 - 03/27/2012 - FOIA - ResolutionsRESOLUTION 2012- FOI- REGS -EXI -R -1166
A RESOLUTION ADOPTING THE VILLAGE OF OAK BROOK
RULES AND REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT
WHEREAS, the Village of Oak Brook ( "Village") is subject to the Illinois Freedom of Information
Act, 51LCS 140/1 et seq. ( "Act "); and
WHEREAS, the Illinois General Assembly has approved numerous and comprehensive
amendments to the Act; and
WHEREAS, it is appropriate and in the public interest that the Village:
(i) assist the public in making requests under the Act;
(ii) better ensure that Village employees follow proper procedures in responding to requests
under the Act;
(iii) facilitate efficient compliance with the Village's duties under the Act; and
(iv) delegate to appropriate Village officers and employees the authority and duty to carry out
the requirements of the Act; and
WHEREAS, pursuant to Subsection 3(h) of the Act, 5 ILCS 140/3(h), the Village may promulgate
rules and regulations consistent with the Act pertaining to the availability of records and the procedures to
be followed to obtain public records; and
WHEREAS, the President and the Board of Trustees desire to adopt rules and regulations
regarding public access to Village records and documents, and to ensure compliance with the
comprehensive amendments to the Act; and
WHEREAS, the Village President and Board of Trustees hereby find and determine that it is in the
best interest of the Village to approve, and that open and efficient government will be served by the
approval of, rules and regulations for the implementation of the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are incorporated into, and made a part of, this
Resolution as the findings of the Village President and Board of Trustees.
Section 2: Approval and Adoption of FOIA Rules and Regulations. Pursuant to Subsection
3(h) of the Illinois Freedom of Information Act, 5 ILCS 140/3(h), the President and Board of Trustees shall,
and do hereby, approve and adopt the Village of Oak Brook Rules and Regulations Implementing the
Freedom of Information Act ( "Rules and Regulations"), in substantially the form attached to this
Resolution as Exhibit A.
Section 3: Delegation of Authority. The President and Board of Trustees shall, and do
hereby direct, all Village officers and employees designated in the Rules and Regulations to take all steps
necessary to implement the Act in accordance with the Rules and Regulations.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
APPROVED THIS 27th day of March, 2012.
PASSED THIS 27th day of March, 2012.
Resolution 2012- FOI- REGS -EXt -R -1166
Adopting FOIA Rules & Regulations
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Gopal G. Lalmalani
Village President
Ayes: Trustees Aktiois, Manzo Mov, Wolin Yusuf and Zannis
Nays:
Absent:
ATTEST'
Charlotte K. Pruss
Village Clerk
EXHIBIT A
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Resolution 2012- FOI- REGS -EXI -R -1166
Adopting FOIA Rules & Regulations
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VILLAGE OF OAK BROOK
RULES AND REGULATIONS IMPLEMENTING
ILLINOIS FREEDOM OF INFORMATION ACT
These Rules and Regulations (the "Rules ") include the procedures, instructions, and forms for requesting
public records from the Village of Oak Brook ( "Village ") under the Illinois Freedom of Information Act (the
"Act"
The Village will respond to written requests for inspection, copying, or certification of public records in
accordance with the Act, these Rules, and any other applicable law. Generally, under the Act, the Village will
provide public records for inspection or copying as requested except for records that are specifically exempted
from disclosure by the Act or other applicable law.
Requests and other communications relating to public records should be submitted online on the
Village's website, http: / /www.oak- brook.org, or by sending a request to the Village's Freedom of Information
Officer: Freedom of Information Officer, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois
60523. The Village Hall telephone number is (630) 368 -5000.
I. INTERPRETATION
A. Conflicts
These Rules do not supersede the provisions of the Act. If a provision of these Rules conflicts with the
Act, then the provisions of the Act will govern.
B. Definitions
In addition to the definitions provided in the Act or elsewhere in these Rules, the following definitions
apply:
Business Hours: 8:30 a.m, to 5:00 p.m. on a Business Day.
2. Business Dav: Any day on which general offices of the Village at the Village Hall are open and
staffed for regular public business. Business Days generally are Monday through Friday, except
federal and state holidays.
3. Freedom of Information Officer: The Freedom of Information Officer of the Village identified
above and designated under Section 3.5 of the Act.
4. Public Access Counselor: The Public Access Counselor of the Office of the Illinois Attorney
General.
5. Recurrent Requester: A person that in the 12 months immediately preceding submission of a
Request, has submitted to the Village (i) a minimum of 50 Requests, (ii) a minimum of 15
Requests within a 30 -day period, or (iii) a minimum of seven Requests within a 7 -day period.
For purposes of this definition, Requests made by news media and non - profit, scientific, or
academic organizations shall not be considered in calculating the number of Requests made in
the time periods in this definition when the principal purpose of the Requests is (i) to access and
disseminate information concerning news and current or passing events, (ii) for articles of
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opinion or features of interest to the public, or (iii) for the purpose of academic, scientific, or
public research or education.
6. Request: A request to inspect, copy, or certify public records.
7. Request Made for Commercial Purposes: A Request made with the intent to use the requested
records (or the information derived from those records), in whole or in part, for sale, resale, or
solicitation or advertisement for sales or services. However, a Request submitted by news media
or by non - profit, scientific, or academic organizations will not be deemed to be made for
commercial purposes if the principal purpose of the Request is (a) to access and disseminate
information concerning news and current or passing events, (b) for articles of opinion or features
of interest to the public, or (c) for the purpose of academic, scientific, or public research or
education.
8. Requester: A person, firm, or corporation that files a Request with the Village.
9. Response Time: The time for response by the Village to a request for public records, as
calculated pursuant to Subsection III.A of these Rules.
C. Days; Measurement of Time
1. Days. In counting the number of days allowed for a response or a decision to be given by the
Village under the Act and these Rules, the Village will not include the day on which the request
or notice requiring the response or decision was first received.
2. Supplemental Requests. Supplemental, amended, or additional Requests will not relate back to
the time of receipt of the initial Request. Supplemental, amended, or additional Requests will be
considered new Requests for purposes of determining the applicable Response Time.
3. Response Date. All responses and decisions to be issued by the Village under the Act and these
Rules will be deemed to have been given on (a) the date of personal delivery to the person or to
the residence of the person entitled to the response or decision or, (b) if mailed, faxed or sent by
electronic mail, on the date of mailing, faxing, or sending by electronic mail regardless of the
date of actual receipt by that person. Each response and decision may include proof of service
evidencing the method by which, and time at which, the response of decision was delivered.
II. REQUESTS FOR INSPECTION,
COPYING, OR CERTIFICATION OF PUBLIC RECORDS
A. Officials Responsible for Responding to Requests
The Freedom of Information Officer is the person administratively responsible for receiving and
processing Requests.
The Freedom of Information Officer is the person with authority on behalf of the Village to grant or
deny Requests, to extend the Response Time, and to issue the appropriate notices with respect to all
related matters. The Freedom of Information Officer, or his or her designee, may consult with Village
staff, officials, and others as appropriate before responding to a Request.
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The Village may, from time to time, appoint. Deputy Freedom of Information Officers to assist the
Freedom of Information Officer in the performance of his or her duties under the Act and these Rules.
In the absence of the Freedom of Information Officer, the Deputy Freedom of Information Officers are
authorized to grant or deny Requests, to extend the Response Time, and to issue the appropriate notices
with respect to all related matters.
B. Form of Request
Required Information. A Request must be filed with the Village in writing and in English. The
Village encourages Requesters to submit requests on the Village's website, http: / /www.oak-
brook.org, or on the convenient form attached to these Rules ( "Official Request Form ") or in a
similar form that contains, at a minimum, the following information:
a. The Requester's name;
b. Either the Requester's mailing address, e-mail address, or telephone number;
C. A.description of the public records requested;
d. An indication of whether the Requester intends to use the records, or the information
derived from those records, for sale, resale, solicitation, or advertisement for sales or
services, and if so:
i. a statement of whether the Requester is, or represents, news media or a non - profit,
scientific or academic organization; and
ii. a statement of whether the principal purpose of the Request is either (i) to access
and disseminate information concerning news and current or passing events, (ii)
for articles of opinion or features of interest to the public, or (iii) academic,
scientific or public research or education.
Use of the Official Request Form is the most effective way to obtain a prompt, full, and complete
response by the Village to a Request.
2. Supplemental - Information. If a Requester submits a Request on a form other than the Official
Request Form, and the Request does not contain all of the information required pursuant to
Paragraph I1.13.1 of these Rules, then the FOIA Officer may request the Requester to provide
additional information.
3. Requests Must Be Complete. No Request will be deemed complete, and the Village shall have
no obligation to produce the requested records, unless and until the Request contains, at a
minimum, all of the information required pursuant to Paragraph II.B.1 of these Rules.
4. Subpoenas. Except as provided in Section 9.5(c) of the Act, these Rules will not apply to any
subpoena for records received by the Village and issued by, or in accordance with the rules of, a
court or agency of competent jurisdiction.
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C. Submittal of Request
Completed Requests must be filed with the Village Freedom of Information Officer by United States
mail, facsimile, overnight courier service, electronic mail, the Village's website, or in person, in
accordance with the following:
1. In- Person Submissions. Requests submitted in person should be given to the Freedom of
Information Officer or filed in the office of the Village Clerk. If a Request is submitted to a
Village officer or employee other than the Freedom of Information Officer, that officer or
employee shall immediately provide the Request to the Freedom of Information Officer.
2. Electronic Mail Submissions. Requests submitted by electronic mail will be deemed received
only upon actual receipt by the Freedom of Information Officer on a Business Day during
Business Hours, regardless of date or time of submission.
3. All Other Submissions. Requests submitted by mail or other means must be addressed to the
Freedom of Information Officer at the Village Hall and will be deemed received only upon
actual receipt by the Village on a Business Day, regardless of date of submission.
All Village officials and employees who receive a Request must immediately forward that Request to
the Freedom of Information Officer.
D. Processing of Request
If the Freedom of Information Officer determines that the Request is not complete, the Freedom
of Information Officer may send a notice to the Requester within five Business Days after receipt
by the Village of the Request to request additional information. If the Freedom of Information
Officer determines that the Request is complete, the Freedom of Information Officer must
indicate on each completed Request the date and time of receipt and, if known, the date on which
the Village must respond to the Request, or log the Request into the Village's electronic records
FOIA database and include this same information.
2. The Freedom of Information Officer must maintain an electronic or paper copy of the Request,
including all documents submitted with the Request, until all matters related to the Request have
been completed.
3. The Freedom of Information Officer must create an electronic or paper file for the retention of
the original Request, a copy of the response by the Village, a record of all written
communications with the Requester regarding the Request, and a copy of other communications
related to the Request.
4. The Freedom of Information Officer must keep all Responses to Request for Public Records in a
single central office file or electronic database.
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III. RESPONSES TO REQUESTS
A. Time for Response
Requests Made for Commercial Purposes. The Village will respond within 21 Business Days
after a complete Request Made for Commercial Purposes is received by the Village. The
response shall be: (i) an approval of the Request; (ii) a partial approval and partial denial of the
Request; (iii) a denial of the Request; (iv) a notice to the Requester providing an estimate of the
time required by the Village to provide the records requested and an estimate of the fees to be
charged; (v) or a notice to the Requester that the Request is unduly burdensome and extend an
opportunity to the Requester to attempt to reduce the request to manageable proportions.
2. Requests by Recurrent Requesters.
a. The Village will respond within five Business Days after a completed Request by a
Recurrent Requester is received by the Village, notifying the Requester that he or she is a
Recurrent Requester, which notice shall include (i) the reason for designating the
Requester as a Recurrent Requester, and (ii) a statement that the Village will respond in
substance to the Request within 21 Business Days after the Request was received by the
Village.
b. The Village will then respond in substance to a Request by the Recurrent Requester
within 21 Business Days after the completed Request is received by the Village.
2. Arrest Reports. For completed Requests for chronologically maintained arrest and criminal
history information, the Village will respond within 72 hours after the later to occur of (a) the
arrest that is the subject of the Request, and (b) the time of receipt of the Request.
3. All Other Requests. For all Requests other than those set forth in Paragraph III.A.I or III.A.2 of
these Rules, the Village will respond within five Business Days after a completed Request is
received by the Village, unless the Village has extended the Response Time pursuant to
Paragraph III.A.4 of these Rules.
4. Extension of Time
a. If the Freedom of Information Officer determines that additional time is needed and
allowed under the Act to respond to a Request, then the Freedom of Information Officer,
using a Notice of Extension form attached to these Rules or a similar written form, will
notify the Requester within the applicable Response Time of the determination, of the
reasons requiring the extension, and of the length of the extension (which may not exceed
five additional Business Days). The Freedom of Information Officer may not extend the
Response Time for Requests Made for Commercial Purposes.
b. The Requester and the Village may agree in writing to extend the time for compliance
beyond the required five days for a period to be mutually determined. In his or her
discretion, the Freedom of Information Officer may deliver to the Requester a request to
extend time in writing. The Freedom of Information Officer is authorized to execute, in
his or her discretion, an agreement after it has been executed by the Requester. The
Freedom of Information Officer must respond to the Request within the applicable
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Response Time, unless and until the Requester and the Village have executed an
extension Agreement.
B. Disclosure of Public Records
Notice of Approval. If the Freedom of Information Officer determines that the Act requires
disclosure of all or any part or portion of the requested public records, then the Freedom of
Information Officer will notify the Requester in writing of his or her determination, using the
Response to Request for Public Records form attached to these Rules or a similar written form.
2. Approval of Requests Made for Commercial Purposes or by Recurrent Requesters. If the
Request is a Request Made for Commercial Purposes or is made by a Recluent Requester, and
the requested records are not immediately available for inspection or pick -up, then the Response
to Request for Public Records will specify a reasonable date on which the requested records will
be available for inspection or pick -up, based on the size and complexity of the Request.
3. Search of Village Files and Use of Village Equipment. Except as otherwise specifically
authorized by the Freedom of Information Officer, only Village employees, the Village Attorney,
and Village contractors are permitted to search Village files, records, or storage areas, or to use
Village equipment in connection with any Request.
4. Removal of Original Records. Original public records may not be removed fiom any Village
building at any time, except as authorized by the Village Manager.
5. Inspection of Public Records. Public records approved by the Freedom of Information Officer
for disclosure may be inspected, or copies of public records obtained, during Business Hours at
the Village Hall or another location designated by the Freedom of Information Officer.
Requesters must make an appointment with the Freedom of Information Officer for a date and
time to inspect public records at the Village Hall (or another location designated by the Freedom
of Information Officer) approved by the Freedom of Information Officer for disclosure.
6. Copies of Public Records. Copies of public records approved by the Freedom of Information
Officer for disclosure may be obtained during Business Hours at the Village Hall or another
location designated by the Freedom of Information Officer, provided that the Requester had
requested copies in the Request and has paid any applicable fees.
7. Mailing of Requested Public Records. Copies of public records will be sent to the Requester via
United States mail, facsimile or electronic mail only if the Freedom of Information Officer
reasonably determines that it is unduly burdensome for the Requester to arrange for inspection of
the original public records, or for pick up of copies of the public records, at the Village Hall.
8. Audio and Video Recordings. Requests for reproduction of any public records that are audio or
video recordings will be honored in accordance with the provisions of the Act, the Illinois Open
Meetings Act, any other applicable State law, and these Rules.
9. Records Maintained in Electronic Format. If the requested public records are maintained by the
Village in an electronic format, then the Village will reproduce copies of the requested public
records in the electronic format specified by the Requester, if feasible. The Village may charge
to the Requester the actual cost of the medium necessary for that format.
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10. Payment of Fees. The Requester must pay all copying, certification, and postage fees in advance
of receiving copies of any public records.
C. Categorical Requests
Notice to Meet and Confer. If the Freedom of Information Officer determines that a Request for
all records falling within a category will unduly burden the Village, and that the burden to the
Village outweighs the public interest in production of the public records sought, then the
Freedom of Information Officer will notify the Requester in writing of the determination, of the
reasons supporting the determination, and of the right of the Requester to meet with the Freedom
of Information Officer in an effort to narrow the Request.
2. Failure to Respond by Village. The Freedom of Information Officer may neither determine that
a Request is unduly burdensome, nor issue a Notice for Meeting, if the Village has previously
failed to respond to that Request within the applicable Response Time.
3. Agreement to Narrow Request. If the Requester agrees to meet and confer with the Freedom of
Information Officer regarding the Request, then the Freedom of Information Officer will respond
to the Request, or to the Request as narrowed at the meeting, within the applicable Response
Time, calculated fiom the date of adjournment of the meeting. That response may take any form
specified in this Section III. If the Requester agrees to narrow the scope of the Request, the
Freedom of Information Officer will deliver an acknowledgment of the narrowed request to the
Requester at the conclusion of the meeting in writing.
4. Failure to Meet and Confer, If the Requester does not agree to meet and confer with the
Freedom of Information Officer regarding the request, then the Freedom of Information Officer
may deny the Request on the fifth Business Day after the date of the Notice for Meeting, using
the Response to Request For Public Records form attached to these Rules or a similar written
form.
D. Denial
1. Procedure for Denials. If the Freedom of Information Officer determines that all, or some, or a
portion of any requested public records are not subject to disclosure under any other provision of
the Act or under these Rules, then, except as provided in this Subsection D, the Freedom of
Information Officer must deliver a notice to the Requester, using the Response to Request for
Public Records form attached to these Rules or a similar written form.
2. Contents of Denials. Each Response to Request for Public Records form must set forth all of the
grounds and reasons for the denial, and must notify the Requester of his or her rights to (a) seek
review of the denial by the Public Access Counselor, and (b) seek judicial review under Section
11 of the Act.
3. Denials in Writing. Except as otherwise provided by the Act, all denials of Requests will be in
writing.
4. Cooperation with Public Access Counselor. If the Public Access Counselor determines that
further inquiry into any denied Request is warranted, the Freedom of Information Officer will
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comply with the directives of the Public Access Counselor, or seek appropriate review of those
directives, in accordance with the Act.
E. No Obligation to Create New Records
Except as provided in Section V of these Rules, the Act and these Rules do not require the Village, in
the course of responding to Requests, to create records that the Village does not already maintain in
record form.
F. No Obligation to Interpret or Advise
Neither the Act nor these Rules require the Village to interpret, or advise Requesters as to the meaning
or significance of, any public records.
IV. FEES
A. Fees Established
Unless fees are waived or reduced under to Subsection IV.0 of these Rules, each Requester must pay
fees for copying, certification, and mailing of public records, as established by the Village's Annual Fee
Ordinance.
If the requested records are of a type not listed in the Annual Fee Ordinance, or when the services of an
outside vendor are required to copy any public record that are not 8' /s x 11 or 8'/2 x 14, Black and White,
then the fees charged for copying the records will be the actual charges incurred by the Village, and the
fees stated in the Annual Fee Ordinance. The fees stated in the Annual Fee Ordinance will also not
apply if the fee for the requested records is otherwise fixed by statute. If the requested records are
produced on an electronic medium, then the Requester must pay the actual cost of the medium.
The Village has determined that such fees are no more than necessary to reimburse the Village for the
actual cost of reproducing, certifying, and mailing public records requested pursuant to the Act and these
Rules.
B. Method and Time of Payment
Payment of all required fees must be made in cash, by cashier's or certified check, or by money order
prior to the examination, copying, certification or mailing of any public record.
C. Waiver of Fees
The fees provided in Subsection IV.A of these Rules may be waived or reduced by the Freedom of
Information Officer if the Requester includes in the Request the specific purpose of the Request and
establishes to the reasonable satisfaction of the Freedom of Information Officer that a fee waiver or
reduction is in the public interest. Any request for a fee waiver or reduction must be indicated in the
Request at the time the Request is filed. A subsequent request will not be considered.
A fee waiver or reduction will be considered to be in the public interest only if the principal purpose of
the Request is to disseminate information regarding the public health, safety, and welfare or the legal
rights of the general public. No fee waiver will be granted if the Request is for the principal purpose of
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personal or commercial benefit to the Requester. The Freedom of Information Officer may consider the
number of requested public records and the cost and necessity of copying them in setting the fee waiver
or reduction amount.
D. Waiver for Failure to Respond
If the Freedom of Information Officer does not respond to a Request properly submitted pursuant to
Section II of these Rules within the applicable Response Time, then the Village will not require the
payment of fees for any copies of records produced in response to that Request.
V. VILLAGE OBLIGATIONS
A. Organizational Description
The Freedom of Information Officer, at least once each fiscal year, will produce and make available for
inspection, copying, and mailing to any person requesting it, a brief description of the Village. The
description must identify and describe the membership of the Village's Board of Trustees and of all of
its standing and special committees and other advisory bodies and also must include:
• a short summary of the Village's purpose,
• a block diagram of the Village's functional subdivisions,
• the approximate number of the Village's fall and part-time employees,
• the total amount of the Village's operating budget, and
• the number and location of each of the Village's offices.
If the Village maintains a website, the Freedom of Information Officer must post the description
required pursuant to this Subsection V.A to the website.
B. Index of Public Records
The Freedom of Information Officer must create, maintain current, and make available for inspection,
copying, and mailing, a current index of all types or categories of public records prepared or received,
and maintained, by the Village after July 1, 1984. The index most be reasonably detailed in order to aid
persons in obtaining access to the public records of the Village.
C. Records Stored by Electronic Data Processing
The Freedom of Information Officer must prepare and fiimish, to any person requesting it, a description
of the manner in which public records of the Village stored by means of electronic data processing may
be obtained in a form comprehensible to persons lacking knowledge of computer language or printout
format.
D. Summary of Procedures
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The Freedom of Information Officer must create, maintain current, and make available for inspection,
copying, and mailing, a brief summary of the procedures established by these Rules. If the Village
maintains a website, the Freedom of Information Officer must post the summary required pursuant to
this Subsection V.D to the website.
E. Posting and Mailing of Information
The Freedom of Information Officer must keep posted at the Village Hall, and will mail to any person
making a request therefor, copies of the Organizational Description prepared pursuant to Subsection
V.A of these Rules, the Index of Public Records prepared pursuant to Subsection V.B of these Rules,
and the Summary of Procedures prepared pursuant to Subsection V.D of these Rules.
F. Filing of Response to Request for Public Records Forms
The Freedom of Information Officer must retain copies of all Response to Request for Public Records
forms in a single file at the Village Hall that is open to the public and indexed according to the type of
exemption asserted and, to the extent that categorization is feasible, the type of records requested.
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