[HISTORY: Adopted by the Town Council of the Town of Dagsboro 10-26-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 288,
but was renumbered to maintain the organization of the Code.
A.
The purpose of this chapter is to adopt by reference the provisions
of Title 29, Chapter 100, of the Delaware Code entitled "State of
Delaware Freedom of Information Act," and all amendments thereto,
and to set forth the Town's rules and procedures for responding
to requests from the public for public records under the Act.
B.
It is the intent of the Town of Dagsboro that public business be
performed in an open and public manner so that the public shall be
advised of the performance of officials and their decisions. In accordance
with FOIA, the public has the right to "reasonable access" to public
records. The Act provides that it is the responsibility of the public
body to establish rules and regulations regarding access to public
records, as well as fees charged for copying of such records. It is
the policy of the Town of Dagsboro that all employees shall comply
with FOIA, and all requests for information shall be processed in
the manner prescribed below.
The following definitions shall apply to this chapter:
Information determined by the FOIA Coordinator and/or Town
Solicitor to constitute a record that shall not be deemed public in
accordance with 29 Del. C. 10002(l).
The Freedom of Information Act as established pursuant to
Title 29, Chapter 100, of the Delaware Code.
The person designated by the Town Administrator to receive
and process FOIA requests.
The form promulgated by the Office of the Attorney General
upon which requests for public records may be made.
A request to inspect or copy public records pursuant to Chapter
29, Section 10003 of the Delaware Code and in accordance with the
policy hereunder.
The meaning set forth in 29 Del. C. § 10002.
The party filing a FOIA request.
The Town of Dagsboro.
A.
Form of request.
(1)
All FOIA requests shall be made, in writing, to the Town in person,
by email, or by fax in accordance with the provisions hereunder. FOIA
requests may be submitted using the FOIA request form promulgated
by the Office of the Attorney General; provided, however, that any
FOIA request that otherwise conforms with the policy hereunder shall
not be denied solely because the request is not on the proper form.
Copies of the FOIA request form may be obtained from the Town website,
or from the Town office.
(2)
All requests shall adequately describe the records sought in sufficient
detail to enable the Town to locate such records with reasonable effort.
The requesting party shall be as specific as possible when requesting
records. To assist the Town in locating the requested records, the
Town may request that the requesting party provide additional information
known to the requesting party, such as the types of records, dates,
parties to correspondence, and subject matter of the requested records.
C.
FOIA Coordinator.
(1)
The Town shall designate a FOIA Coordinator, who shall serve as the
point of contact for FOIA requests and coordinate the Town response.
The FOIA Coordinator shall be identified on the Town website. The
FOIA Coordinator may designate other Town employees to perform specific
duties and functions to complete said FOIA request.
(2)
The FOIA Coordinator, working in cooperation with other Town employees
and representatives, shall make every reasonable effort to assist
the requesting party in identifying the records being sought, and
locating and providing the requested records.
(3)
The FOIA Coordinator will also work to foster cooperation between
the Town and the requesting party.
(4)
The FOIA Coordinator for the Town of Dagsboro shall maintain a FOIA
request document log which shall include, at a minimum:
(a)
Requesting party's contact information;
(b)
Date the Town received the request;
(c)
Town's response deadline;
(d)
Date of the Town's response (including the reasons for
any extension);
(e)
Names, contact information and dates of correspondence with
individuals contacted in connection with requests;
(f)
Dates of review by the Town;
(g)
Names of individuals who conducted such reviews;
(h)
Whether documents were made available;
(i)
Amount of copying and/or administrative fees assessed;
(j)
Date of final disposition.
D.
Response to requests.
(1)
The Town shall respond to a FOIA request within 15 business days
after the receipt thereof, either by providing access to the requested
records; denying access to the records or parts of them; or by advising
that additional time is needed because the request is for voluminous
records, requires legal advice, or a record is in storage or archived.
(2)
If access cannot be provided within 15 business days, the Town shall
cite one of the reasons why more time is needed and provide a good-faith
estimate of how much additional time is required to fulfill the request.
(3)
If the Town denies a request in whole or in part, the Town's
response shall indicate the reasons for the denial. The Town shall
not be required to provide an index, or any other compilation, as
to each record or part of a record denied.
(4)
The Town shall provide a cost estimate to the requesting party for
the cost of providing the requested records. Upon receipt of the estimate,
the requesting party may decide whether to proceed with, cancel or
modify the request.
E.
Review by the Town.
(1)
Prior to disclosure, records will be reviewed by the Town to ensure
that those records or portions of records deemed nonpublic may be
removed pursuant to 29 Del. C. § 10002(l) or any other applicable
provision of law. In reviewing the records, all documents shall be
considered public records unless subject to one of the exceptions
set forth in 29 Del. C. § 10002(l) or any other applicable
provision of law. Nothing herein shall prohibit the Town from disclosing
or permitting access to public records if the Town determines to disclose
such records, except where such disclosure or access is otherwise
prohibited by law or regulation.
(2)
If a department is not sure that a requested item is a public record,
the request for documentation should be forwarded to the FOIA Coordinator
for consultation with the Town Solicitor in determining if the requested
documents are a public record and fall under the jurisdiction of the
FOIA.
F.
Hours of review.
(1)
The Town shall provide reasonable access for reviewing public records
during regular business hours, Monday through Friday, 9:00 a.m. to
4:00 p.m., except when holidays occur.
(2)
If the requested record is not in active use and in storage, then
an appointment shall be made for access.
(3)
If a requesting party wants to review original materials, a staff
member may be assigned to monitor the review to insure that the integrity
of all materials is maintained. A monitor may be required at other
times at the discretion of the FOIA Coordinator or designee.
A.
Duplicating/copying fees.
(1)
In instances in which paper records are provided to the requesting
party, photocopying fees shall be as follows:
(a)
Standard-sized, black-and-white copies: The charge for copying
standard-sized, black-and-white public records for copies shall be
$0.50 per sheet. This charge applies to copies on the following standard
paper size: 8.5 inches by 11 inches.
(b)
Standard-sized, color copies: The charge for copying standard-sized,
color public records for copies shall be $1.50 per sheet. This charge
applies to copies on the following standard paper size: 8.5 inches
by 11 inches.
(c)
Oversized-copies/printouts: The charge for copying oversized
public records shall be the actual costs incurred, including time
to arrange printing by the Town and for the use of commercial printing
vendors.
(d)
A minimum fee of $1 per request shall be charged for standard-sized
copies. Two-sided copies shall be considered as two copies.
B.
Administrative fees. The following are administrative fees for providing
public records.
(1)
Actual labor costs: Town staff time utilized to fulfill a request
for records shall be billed at an hourly rate commensurate with the
lowest hourly pay rate of the Town administrative staff. Staff time
charges will be billed to the requesting party per 1/4 hour. Staff
time charges will be in addition to any duplicating/copying charges.
Charges for actual staff time costs include:
(a)
Staff time associated with processing FOIA requests.
(b)
Locating and reviewing files.
(c)
Monitoring file reviews.
(d)
Generating computer records (electronic or printouts).
(e)
Any other time rendered by the employee in researching, examining,
developing, duplicating, reviewing and separating exempt from nonexempt
information that has been requested.
(2)
Other costs:
(a)
Any other actual costs associated with fulfilling a request
for information, such as postage, shall be at the expense of the requesting
party. Administrative fees shall not include any cost associated with
the Town's legal review of whether any portion of the requested
records is exempt from FOIA.
(b)
If the Town does not have the resources or equipment to duplicate
requested records, the Town may arrange to have records duplicated
by an outside contractor. In this instance, the requesting party will
be responsible for payment of these costs.
(3)
The requesting party shall be provided an estimate of the costs involved
to fulfill their request for information. Upon receipt of the estimate,
the requesting party may decide whether to proceed with, cancel or
modify the request. In providing access to public records, the FOIA
Coordinator may take necessary and reasonable action to protect the
Town's public records and to prevent excessive and unreasonable
interference with the discharge of the Town's functions. This
policy does not require the Town to make a compilation, summary or
report of information.
D.
Cancellation fees/appointment rescheduling.
(1)
Requesting parties who withdraw the FOIA request 24 hours after submittal
may be subject to the charges incurred by the Town in preparing the
requested records.
(2)
Requesting parties who do not reschedule or cancel appointments to
view files at least one full business day in advance of the appointment
may be subject to the charges incurred by the Town in preparing the
requested records.
(3)
The Town shall prepare an itemized invoice of these charges and provide
the same to the requesting party for payment.
To the extent any provision in this policy conflicts with any
other applicable law or regulation, such law or regulation shall control,
and the conflicting provision herein is expressly superseded.
Those records that are deemed nonpublic are as contained in
29 Del. C § 10002(l).
