G-578 - 10/22/1996 - FOIA - Ordinances ORDINANCE 96-FOI-EXI-G-578
AN ORDINANCE AMENDING THE RULES AND REGULATIONS
/ OF THE FREEDOM OF INFORMATION ACT
WHEREAS, The Freedom of Information Act, Public Act 83-1013, 5 ILLS 140,
et sequitur, became effective July 1, 1984 and has been amended from time to
time; and
WHEREAS, the said Freedom of Information Act, as amended, requires that
public bodies establish certain procedures in order to conform with the
provisions of the said Act; and
WHEREAS, on June 26, 1984, the Village Board passed Ordinance G-347
which adopted Rules and Regulations pertaining to the Freedom of Information
Act; and
WHEREAS, these Rules and Regulations need to be updated to conform with
citations to the Illinois Compiled Statutes;
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: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That the "Village of Oak Brook Freedom of Information Act
Rules and Regulations" attached hereto labelled "Exhibit A" and hereby made a
part hereof, are hereby adopted and shall be utilized by the Village to carry
out the provisions of the Freedom of Information Act, as amended.
Section 3: That the Rules and Regulations adopted by the Board on
June 26, 1984 are superseded by the Rules and Regulations attached hereto as
Exhibit "A".
Section 4: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 5: That all ordinances or parts thereof in conflict with the
provisions of this ordinance be and the same are hereby repealed to the extent
of such conflict.
Section 6: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 22nd day of October, 1996.
Ordinance 96-FOI-EXI-G-578
Amending the Rules and
Regulations of the Freedom of
Information Act, Page 2
Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: None "
Abstain: None
APPROVED THIS 22nd day of October, 1996.
CAr�
>> Vi'llage President
•ATTEST: `
VTIlage Clerk „
Approved as to Fore
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Village Attorney
Published 10-23-96 Pamphlet form
Date Paper
Not Published
i
ii
EXHIBIT A
VILLAGE OF OAK BROOK
FREEDOM OF INFORMATION ACT
RULES AND REGULATIONS
Section 1, SUMMARY AND PURPOSE.
These rules and regulations are established to implement the provisions of the Freedom of
Information Act, 5 ILCS 140, et seq.
Section 2. DEFINITIONS.
Except as otherwise defined herein,the terms used herein shall have the same meanings as
those set forth in the Freedom of Information Act, 5 ILCS 140/2.
Section 3. PROCEDURE FOR REQUESTING PUBLIC RECORDS.
A. Requests for public records should be submitted to the Village Manager, Village of
Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60521.
B. Form and content of requests for records.
1) Requests shall be in accordance with the Freedom of Information Act and
these Rules and Regulations; requests shall be made in writing on forms
provided by the Village of Oak Brook.
2) Oral requests for public records may be honored at the discretion of the
Village Manager for records such as approved minutes of public meetings
and Village ordinances. However, the required response times and appeal
procedures contained in the Freedom of Information Act and these Rules and
Regulations do-not apply to oral requests.
3) A written request for public records shall contain the following information:
a. The requestor's full name, address and telephone number.
b. A brief description of the public records sought, being as specific as
possible.
C. Whether the request is for inspection of public records, copies of
public records or both.
d. Whether the copies of the public records requested should be
certified.
Section 4. PROCEDURES FOR RESPONSE TO REQUESTS FOR PUBLIC RECORDS.
A. Time Guidelines. The Village shall respond to a written request for public records
within seven (7) working days after receipt of such request, except when said time is
extended pursuant to the provisions of 5 ILCS 140/3(d). Requests submitted by mail
shall be deemed received only. upon actual receipt by the Village, regardless of
postmark or date of mailing. All requests shall be date stamped upon their receipt.
B. Types of Responses to Requests for Public Records.
1) The Village shall respond to a request for public records in the manner
authorized pursuant to the Freedom of Information Act.
2) Upon approval of requests for public records,the Village Manager may either
provide the materials immediately, give notice that the materials shall be
made available upon payment of reproduction costs, or give notice of the time
and place for inspection of records.
3) Extensions of time to respond to requests for records or denial of a request
for public records shall be made in writing to the requestor and shall include
all information required by the Freedom of Information Act.
4) in determining the applicable time periods for production of records, notices
of extension,and notices of denial,the seven (7) orfourteen (14)working day
periods shall not include the date the request was initially received by the
Village. Supplemental,amended or additional requests shall not relate back
to the initial time of filing, but shall be considered as new requests for
purposes of determining all applicable time periods.
5) If the Village Manager reasonably believes that the records requested might
be for the purpose of furthering a commercial enterprise, the requestor shall
be required to supply a further statement or explanation of the purpose for
which the production of records is sought, which statement shall be under
oath and state that the information sought in such public records will not be
used as part of any solicitation on behalf of either a profit or not-for-profit
entity. The applicable time periods for the production of public-records shall
be measured from the date that such explanatory statement is received by the
Village.
Section 5. PROCEDURES FOR APPEAL OF A DENIAL.
Any requestorwhose request has been denied by the Village Manager may appeal the denial
to the Village President,Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 80521. The
Village President shall respond to such appeal in the manner provided in 5 ILCS 140/10. Failure
to respond within seven (7)working days may be considered by the requestor to be an affirmation
of the denial of the request for public records.
Section 6. PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS.
A. Inspection of Records
1) Public records will be made available for inspection during normal working
hours of the Village of Oak Brook in the office wherein the records are located.
Normal working hours are Mondaythrough Friday, inclusive,8:30 a.m. to 5:00
-2-
a.m., except holidays. No original records may be removed from Village
premises at any time. However, inspection of an employee's personnel
records by that employee or his representative shall be governed by the
provisions of the Personnel Records Review Act, 820 ILCS 40/1, et seq.
2) Documents which the requestor wishes to have copied shall be specifically
identified and segregated during the course of inspection. An employee of the
Village may be present throughout the inspection.
B. Copies of Public Records
1) All copies of public records shall be made by Village employees or their
authorized agents. Copies of public records shall be provided to the requestor
only upon payment of all charges which are due. When copies of voluminous
records are requested (copying charges of $5.00 or more), the Village may
require payment before the copies are made.
2) No charges shall be imposed if the requestor is a public body or a person
acting in an official capacity as an officer of that public body. Charges for
copying may.be waived by the Village Manager only upon specific written
request at the time of the request for the public records and in accordance
with 5 ILCS 140/6(b).
3) Copies of records requested will be available for pick-up at the Village of Oak
Brook. Copies of public records will be mailed to a requestor only upon the
requestor depositing with the Village in advance all postage and copying
charges associated with the request.
4) Only Village of Oak Brook personnel shall be permitted to use Village of Oak
Brook equipment or search through Village files, records or storage areas.
5) Charges for copies of records shall be as follows:.
Type of Duplication Per Copy Charge
Paper copy from paper original
(Maximum size 8-1/2" x 14") $ .10 per page
Computer print-out/paper $ .15 per page
Certification of Public Records $1.00 per document
Maps of Plats $ .35 per page
Charges for Village records in book or pamphlet form shall be assessed for
such materials based upon the cost of such materials incurred by the Village.
Copying of any materials that require outside duplication shall be charged at
a rate based upon the cost of such copying or reproduction.
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