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COOK MEMORIAL PUBLIC LIBRARY DISTRICT
FREEDOM OF INFORMATION ACT POLICY
INCLUDING RULES AND REGULATIONS
Section I Policy
The Cook Memorial Public Library shall comply in all respects with the provisions of the Freedom of Information Act (5 ILCS 140).
Section II Rules and Regulations
These rules and regulations are established to implement the provisions of the Freedom of Information Act. The purpose of these rules is to support the policy of providing public access to the public records in the possession of the Cook Memorial Public Library District while, at the same time, protecting the legitimate privacy interest of residents and maintaining administrative efficiency.
These rules and regulations are filed in accordance with the Freedom of Information Act. A copy of the Freedom of Information Act is on file for inspection at the District offices.
Adopted: 02/17/04
Revised: 11/02/06
Revised: 03/27/07
DEFINITIONS
The definitions set forth in Section 2 of the Freedom of Information Act are adopted herein. In addition to those rules set forth in this Freedom of Information Act, the following definitions shall also;
"FOIA" means the Freedom of Information Act.
"Freedom of Information Officer" means an individual responsible for receiving and responding to requests for public records. The Library Director or the Administrative Assistant acting in the Library Director’s absence, will be responsible for responding to requests.
"Requestor" means a person who submits a request for public records in accordance with these rules and regulations.
PROCEDURE FOR REQUESTING PUBLIC RECORDS
Person to Whom Requests are Submitted
Requests for public records shall be submitted to the Freedom of Information Officer of the Cook Memorial Public Library District. Requests shall be submitted to the following address:
Freedom of Information Officer
Cook Memorial Public Library District
413 N. Milwaukee Avenue
Libertyville , IL 60048
Attn: FOIA Request
Form and Content of Request
SECTION I
Except as set forth in Section two, requests in accordance with the FOIA and these rules shall be made in writing. Such requests shall be submitted on FOIA Request Forms provided by the Cook Memorial Public Library District. Requestors who mail their request in will have the FOIA Request Forms sent to him/her for completion before their request can be granted.
SECTION 2
Routine oral requests will be handled at the discretion of the Freedom of Information Officer. Examples of the routine oral requests that will be handled at the discretion of the Freedom of Information officer includes requests for: accident reports, minutes of public meetings, and copies of District ordinances. Denial of an oral request does not prohibit an individual from filing a written request. However, a written request shall be a condition precedent to appealing a denial to the President of the Board of Trustees pursuant to Section 10 of the FOIA.
SECTION 3
The requestor shall provide the following information in a request for public records:
The requestor's full name, address, and phone number.
A brief description of the public record sought, being as specific as possible.
Whether the request is for inspection of public records, copies of public records, or both.
PROCEDURES FOR DISTRICT RESPONSE TO REQUEST FOR PUBLIC RECORDS
Timeline for District Response
SECTION I
The District shall respond to a written request for public records within seven (7) working days after the receipt of the written request.
SECTION 2
The District may give notice of an extension of time to respond which does not exceed an additional seven (7) working days. Such an extension is allowable only if written notice is provided within the original seven (7) working day time limit and only for the reasons provided in Section 3(d) of the FOIA. Such notice of extension shall state the reasons why the extension is necessary.
TYPES OF DISTRICT RESPONSES
The District shall respond to a request for public records in one of three ways:
- Approve the request
- Approve in part and deny in part
- Deny the request
SECTION I
Upon approval of a request for public records, the District may either provide the materials immediately, give notice that the materials shall be made available upon payment of reproduction and postage costs, or give notice of the time and place for inspection of records.
SECTION 2
A denial of a request for public records shall be made in writing. It shall state the reasons for denial in accordance with either Section 3 (f) and/or Section 7 of the FOIA, and the names and titles of individuals responsible for the decision. It shall also give notice of the requestor's right to appeal to the President of the Board of Library Trustees.
SECTION 3
Categorical requests creating an undue burden upon the District shall be denied only after extending to the requestor an opportunity to confer in an attempt to reduce the request to manageable proportions in accordance with Section 3 (f) of the FOIA.
SECTION 4
Failure to respond to a written request within seven (7) working days may be considered by the requestor as a denial of a request.
PROCEDURES FOR APPEAL OF A DENIAL
Appeal of a Denial
SECTION 1
A requestor whose request has been denied by the Freedom of Information Officer may appeal the denial to the President of the Board of Library Trustees. The notice of appeal shall be made in writing and sent to:
President of the Board of Library Trustees
Cook Memorial Public Library District
413 N. Milwaukee Avenue
Libertyville , IL 60048
Attn: FOIA Appeal
SECTION 2
The notice of appeal shall include a copy of the original request, a copy of the denial received by the requestor and a statement of the reasons why the appeal should be granted.
President of the Board of Library Trustees Response to Appeal
The President of the Board of Library Trustees shall respond to an appeal within seven (7) working days after receiving notice thereof. The President of the Board of Library Trustees shall either affirm a denial or provide access to the requested public records. Failure to respond within seven (7) working days may be considered by the requestor an affirmation of the denial.
PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS
Inspection of Records at District Offices
SECTION I
Unless otherwise arranged, public records will be made available for inspection during normal working hours of the District at the office of the Freedom of Information Officer, Monday – Friday from 9:00 a.m. to 4:30 p.m.
SECTION 2
Documents which the requestor wishes to have copied shall be segregated during the course of the inspection. All copying shall be done by District employees.
SECTION 3
An employee of the District may be present throughout the inspection. A requestor may be prohibited from bringing bags, briefcases, or other containers into the inspection room. Certain materials are available at the Reference Desk and are accessible during library hours.
Copies of Public Records
SECTION I
Copies of public records shall be provided to the requestor only upon payment of any copy or postage charges which are due. In the event that the charges for copies of public records is more than $0.50, the Freedom of Information Officer shall require that advance payment be made in full. Written confirmation from the requestor will be required for charges over $25.00.
SECTION 2
Charges for copies of public records shall be assessed in accordance with the "Fee Schedule for Duplication of Public Records" attached as an appendix to these rules.
SECTION 3
Charges shall be waived if the requestor is a State Agency, a Constitutional Officer, or a member of the General Assembly. Charges may be waived in any other case where the Freedom of Information Officer determines that the waiver serves the public interest.
PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS
General Materials Available from the Freedom of Information Officer
The Freedom of Information Officer shall make available to the public at no charge the following materials:
A brief description of the organization structure and budget of the Cook Memorial Public Library District;
A brief description of the means for requesting information and public records; and
A list of types and categories of public records maintained by the Cook Memorial Public Library District.
APPENDIX A
REQUEST FOR PUBLIC RECORDS
TO :
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FROM : |
Name:
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Freedom of Information Officer |
Address:
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Cook Memorial Public Library District |
City
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Libertyville |
State/Zip:
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IL 60048 |
Phone Number:
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847-362-2330 |
DESCRIPTION OF REQUESTED RECORD(S):
Please indicate that if you wish to inspect the above captioned records or wish a copy of them:
____Inspection _____Copy _____Both
Do you wish to have copies certified?_________________
This request is being made in accordance with the provisions of the Freedom of Information Act, and the undersigned agrees to abide by the Rules and Regulations, and to pay all charges involved with the copying of the documents including postage costs.
________________________
SIGNATURE
FOR OFFICE USE ONLY
________________________________
Date Received
________________________________
Date Response Due
Notations:
APPENDIX B
FEE SCHEDULE FOR DUPLICATION OF PUBLIC RECORDS
Type of Duplication Per Copy Charge
Paper copy from paper original
Paper size: 8-1/2 X 11 $ .25
8-1/2 X 14 $ .25
11 X 17 $ .25
Paper copy from microfilm original $ .XX
(possibly different charges for different sizes)
Microfilm from microfilm original $ .XX
First ten pages: No charge
Additional pages: $ .25
Computer printout - paper $ .25
Computer printout - film $ .XX
Black and white film and prints $ .XX
(Different charges for Different sizes)
Color print $ 1.00
Certification of Public Records $ 2.00
Routine_____
Special______
Some records possessed by the District are in book or pamphlet form. A charge may be assessed for such materials based upon the cost of such materials incurred by the District.
Copies of public records shall be provided to the requestor only upon payment of any copy or postage charges, which are due. In the event that the charges for copies of public records is more than $0.50, the Freedom of Information Officer shall require that advance payment be made in full. Written confirmation from the requestor will be required for charges over $25.00.
(Response Form A)
APPROVAL OF REQUEST FOR PUBLIC RECORDS
TO:
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FROM: |
Name:
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Freedom of Information Officer |
Address:
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Cook Memorial Public Library District |
City
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Libertyville |
State/Zip:
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IL 60048 |
Phone Number:
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847-362-2330 |
DESCRIPTION OF REQUESTED RECORDS:
Your request dated_____________ for the above captioned records has been approved.
______The documents you requested are enclosed.
______The documents will be made available upon payment of copying and postage costs in the amount of________________.
______You may inspect the records at ___________________ on________________.
date
__________________________
Freedom of Information Officer Date
AMOUNT DEPOSITED :_______________
FINAL AMOUNT :_______________
(Response Form B)
DENIAL OF REQUEST FOR PUBLIC RECORDS
TO:
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FROM: |
Name:
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Freedom of Information Officer |
Address:
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Cook Memorial Public Library District |
City
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Libertyville |
State/Zip:
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IL 60048 |
Phone Number:
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847-362-2330 |
DESCRIPTION OF REQUESTED RECORDS:
Your request dated _________________ for the above captioned records has been denied:
_____ The request creates an undue burden on the public body in accordance with Section 3 (f) of the Freedom of Information Act, and we were unable to negotiate a more reasonable request.
_____ The materials requested are exempt under Section 7 of the Freedom of Information Act for the following reasons:
The individuals who were responsible for the denial are:
_________________________________________________________________________
You have the right to appeal the denial of the records you have requested to the President of the Board of Library Trustees by submitting a written notice of appeal to:
President of the Board of Library Trustees
Cook Memorial Public Library District
413 N. Milwaukee Avenue
Libertyville , IL 60048
Attn: FOIA Appeal
In submitting your notice of appeal, you should include copies of your original request and this denial, and state any reasons why your appeal should be granted.
________________________________
Freedom of Information Officer Date
(Response Form C)
PARTIAL APPROVAL OF REQUEST FOR PUBLIC RECORDS
TO:
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FROM: |
Name:
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Freedom of Information Officer |
Address:
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Cook Memorial Public Library District |
City
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Libertyville |
State/Zip:
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IL 60048 |
Phone Number:
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847-362-2330 |
DESCRIPTION OF REQUESTED RECORDS:
Your request dated for the above captioned records has been partially approved. Those parts of your request which have been approved:
______ are enclosed
______ will be made available upon payment of copying and postage costs in the amount of .
______ may be inspected at on______________________________________ (date)
The following portions of request have been denied for the reasons cited: ________________
The individual(s) who were responsible for the denial are: _____________________
You have the right to appeal the denial of the records you have requested to the President of the Board of Library Trustees by submitting a written notice of appeal to:
President of the Board of Library Trustees
Cook Memorial Public Library District
413 N. Milwaukee Avenue
Libertyville , IL 60048
Attn: FOIA Appeal
In submitting your notice of appeal, you should include copies of your original request and this denial, and state any reasons why your appeal should be granted.
___________________________________
Freedom of Information Officer
____________________
Date
(Response Form D)
DEFERRAL OF RESPONSE TO REQUEST FOR PUBLIC RECORDS
TO:
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FROM: |
Name:
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Freedom of Information Officer |
Address:
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Cook Memorial Public Library District |
City
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Libertyville |
State/Zip:
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IL 60048 |
Phone Number:
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847-362-2330 |
DESCRIPTION OF REQUESTED RECORDS:
The response to your request dated for the above captioned records must be delayed. Pursuant to Section 3 (d) of the Freedom of Information Act, the delay in responding to your request is for the following reason (s):
You will be notified by ________________________ as to the action taken on your request.
________________________
Freedom of Information Officer
________________________
Date
(Response Form E)
FOIA APPEAL
PRESIDENT OF THE BOARD OF LIBRARY TRUSTEES RESPONSE
TO:
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FROM: |
Name:
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President of the Board of Library Trustees
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Address:
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Cook Memorial Public Library District |
City
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Libertyville |
State/Zip:
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IL 60048 |
Phone Number:
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847-362-2330 |
DESCRIPTION OF REQUESTED RECORDS:
Noted below is the action I have taken on your appeal from the denial of your request for the above captioned records:
______I hereby approve your appeal for the following extent and for the following reasons:
______I affirm the denial of your request made by the Freedom of Information Officer.
You are entitled to a judicial review of any denial pursuant to Section 11 of the Freedom of Information Act.
________________________
President of the Board of Library Trustees
________________________
Date
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