A.
The rules and regulations relating to access of public records of
the Village, are hereby adopted and established as set forth below
as the rules and regulations under the Freedom of Information Act.
(5 ILCS 140/1)
B.
The purpose of these rules and regulations is to delineate procedures
whereby there will be an orderly compliance with the requirements
of the Freedom of Information Act (hereinafter referred to as "Act"),
both by the person requesting information and by the Village of Orland
Park, Illinois, in responding to such requests. However, neither the
Act nor these rules are intended to be used to violate individual
privacy nor for the purpose of furthering a commercial enterprise,
or to disrupt the duly undertaken work of the Village of Orland Park.
A request falling within these restrictions shall be denied. Furthermore,
when a Proper written request for inspection or copying of records
is made, the request shall be reviewed. If the request is proper,
compliance will be made in accordance with these rules and law.
C.
If an extension is proper in accordance with Section 3 of the Act,
the requester shall be notified as required by law.
D.
If a denial is proper in accordance with one of the reasons in Section
7, or the Preamble of the Act, the requestor shall be notified as
required by law.
In addition to the definitions provided in the Act, several
other clarifications are given:
A.
A working day is a day when all the Village departments are open
for business. Working days are considered Monday through Friday excepting
recognized holidays.
B.
Times for inspection or copying shall be on working days between
the hours of 9:00 a.m. to 4:00 p.m.
C.
Any copies shall be made by the Village of Orland Park.
D.
Copies made in compliance to a request shall not be mailed and will
be available at the office of the designated person.
[Amended by Ord. 5029, 10-19-2015; Ord. 5180, 4-18-2017]
A.
The request for information shall be in writing and may be on a form
provided by the Village. The request shall contain, at a minimum,
the following information:
B.
The "Request for Information" forms shall be available at the office
of the Deputy Village Clerk, 14700 Ravinia Avenue, Orland Park, Illinois.
C.
Completed request forms shall be submitted to the office of the Deputy
Village Clerk and marked received. A copy of the completed request
form containing the title and address of the employee who is responsible
for the request will be given to the requestor.
D.
The Deputy Village Clerk shall direct the request to the designated
employee responsible for processing the request. The employee processing
the request will comply, extend the time for compliance, or deny the
request as provided by law. Said processing shall be noted on a response
form containing a minimum of the following information:
1.
Name, address, and telephone number of requestor;
2.
Date request received;
3.
Records requested;
4.
Type of response:
a.
Comply with request, with information on when and where records
may be inspected or how copies may be obtained,
b.
Additional time to review request needed; reasons for delay
and date when response will be made,
c.
Deny request, with reasons for denial; notice of right to appeal
or judicial review,
d.
Referral of request to another public body which has custody
or control of information.
5.
Name and title of person responding to or denying a request.
[Amended by Ord. 5029, 10-19-2015]
A.
If the designated employee processing the request determines that
the requested information is not exempt, the designated employee shall
so notify the requestor and arrange for the inspection or delivery
of the copies within five working days.
B.
Inspection shall occur at the office of the designated employee.
C.
Copies requested shall be made available to the requestor at the
office of the designated employee; however, copies shall not be made
available until any applicable fees allowed under the Act have been
paid.
[Amended by Ord. 5029, 10-19-2015]
A.
If within the five working day period for compliance the designated
employee determines that an additional five working days is needed
and is permitted by the Act (Section 3), the designated employee shall
notify the requestor in writing the reasons within the initial five
working day period, and attempt telephone notification. During the
extended time period the designated employee shall notify the requestor
of a decision to comply or a decision to deny.
B.
In the case of compliance, arrangements for the inspection or delivery
of copying shall occur within the extended five working day period.
Compliance will occur at the office of the designated employee.
C.
In the case of denial due to one of the reasons specified in Section
7 of the Act, the designated employee shall notify the requestor in
writing the reason(s) for denial, within the extended period, and
attempt telephone notification.
[Amended by . Ord. 5029, 10-19-2015]
A.
A denial of a request for information shall be made by the designated
employee, and the requestor will be notified in writing with the reasons
therefor.
B.
The reasons for denial are stated in Section 7 of the Act, and also
in the Preamble of the Act. The written denial shall be signed by
the employee and shall be mailed within the five working day period
or within the extended five working day period, whichever is applicable.
A denial letter shall include information regarding the requestor's
right to appeal to the Public Access Counselor or the court, as set
forth in the Act.
[Amended by Ord. 5029, 10-19-2015]
A denial letter shall include information regarding the requestor's
right to appeal to the Public Access Counselor or the court, as set
forth in the Act.
The Village Manager shall by administrative order designate
the name, title, and business address of the employees who shall be
responsible for requests directed to the departments within which
said employees work. He may from time to time designate alternates
as employee availability dictates. Any designations shall be included
in the short description of the Village of Orland Park.
A.
For records prepared or received on or after July 1, 1984, the actual
cost of copying or certifying is as follows:
|
8-1/2 x 11 - $0.10 each side
|
|
Larger than 8-1/2 x 11 - $0.15 each side
|
|
Each Certification - $0.10 each side
|
B.
The above fees and costs may be waived or reduced where the Village
Manager determines that the information primarily benefits the general
public and it is in the public interest to waive or reduce the fees.
C.
However, any possible waiver or reduction shall weigh equal protection
and due process considerations.
D.
For records prepared or received prior to July 1, 1984, the actual
cost of retrieval and review (Manpower) will be charged in addition
to the costs listed above.
E.
Documents that have a central public benefit shall be made available
at no cost.
The Village Manager shall direct a filing system for requests
and denials to be created in accordance with the Act. Copies of all
notices of denial shall be retained by the Village in a single central
office file that is open to the public and indexed according to:
[Amended by Ord. 5224, 10-2-2017]
These rules and the record index together with the description
of the Public Body as required by the Act, shall be prominently posted
in each administrative office of the Village, to-wit:
|
Village Hall, 14700 South Ravinia Avenue
|
|
Police Department, 15100 South Ravinia Avenue
|
|
Public Works Department, 15655 South Ravinia Avenue
|
|
Recreation and Parks, 14600 South Ravinia Avenue
|
The Village is in no way obligated to maintain or prepare any
record which is not already being maintained by the Village.
A copy of each request and denial shall be mailed to the President
and each Trustee and a copy shall be placed in the mail slot of the
President and each Trustee.
