Freedom of Information Act Policy Including Rule 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

Revised: 12/15/09

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 apply;

"FOIA" means the Freedom of Information Act.
"Freedom of Information Officer" means the individual(s) designated to receive and respond to requests for public records. The Library Director or the Administrative Assistant acting in the Library Director’s absence are the Freedom of Information Officers and will be responsible for responding to requests and for completing the training required by FOIA.
"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

A fax request may be sent to: 847-362-2354 and an email request may be sent to: This email address is being protected from spambots. You need JavaScript enabled to view it. .

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. Requesters may use the Library District’s FOIA Request Form, which is available on the Library District’s website or from the Freedom of Information Officer..

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: minutes of public meetings and copies of District ordinances.

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.
     Whether the request is for a commercial purpose.

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 five (5) working days after the receipt of the written request, except for commercial requests.  Upon receipt of a FOIA request, the Freedom of Information Officer will note the date of receipt of the request, compute the deadline to respond to the request and write it on the request, maintain an electronic or paper copy of the written request and all documents submitted with the request until it is complied with or denied, and create a file for the retention of the original request, a copy of the response and a copy of any communications regarding the request.

SECTION 2

The District may give notice of an extension of time to respond which does not exceed an additional five (5) working days, unless the requester and the Freedom of Information Officer agree to extend the time to respond to a different date and put such agreement in writing. Such an extension is allowable only if written notice is provided within the original five (5) working day time limit and only for the reasons provided in Section 3(e) 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, including a detailed factual basis for the application of any claimed exemption in accordance with either Section 3(g) 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 review by the Public Access Counselor and include the address and phone number for the Public Access Counselor.  It shall also notify the requester of the right to seek judicial review pursuant to the Act.

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 (g) of the FOIA.

SECTION 4

Failure to respond to a written request within five (5) working days, or an extended date agreed to in writing between the parties, if any, may be considered by the requestor as a denial of a request.

SECTION 5

For commercial requests, the procedure shall be as follows:

The Freedom of Information Officer shall respond within twenty-one (21) working days.  The response shall:  (i) provide the requester an estimate of the amount of time required to provide the requested records and an estimate of the fees to be charged, which must be prepaid; (ii) deny the request pursuant to any of the applicable exemptions in the Act; (iii) notify the requester that the request is unduly burdensome and extend an opportunity to attempt to reduce the request to manageable proportions; or (iv) provide the requested records.

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 seek review of the denial by the Public Access Counselor or may file a lawsuit with the Circuit Court of Lake County.

The Public Access Counselor can be reached at:  1-800-243-0618 or (217) 558-0486; Illinois Attorney General’s Office, 500 South Second Street, Springfield, Illinois 62706.

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 directory of the Freedom of Information Officers; and
A list of types and categories of public records maintained by the Cook Memorial Public Library District.

This information will also be posted on the Library District’s website.

APPENDIX A

REQUEST FOR PUBLIC RECORDS

TO :

 

FROM :

 

Name:

 

Freedom of Information Officer

 

Address:

 

Cook Memorial Public Library District

 

City

 

Libertyville

 

State/Zip:

 

IL 60048

 

Phone Number: 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?_________________

Is this information to be used for a commercial purpose:  yes_____ no _____

For commercial requests, the costs shall be determined as stated in Section 5, page 8-5.

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 are 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.

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 – black and white

Charge is only for pages in excess of 50 pages

Paper size: 8-1/2 X 11 $ .15

8-1/2 X 14 $ .15

11 X 17 $ .15

Paper copy – color copy or larger than letter or legal paper $ actual cost

Paper copy from microfilm original $ actual cost

(possibly different charges for different sizes)

Microfilm from microfilm original

First ten pages: No charge

Additional pages: $ actual cost

Computer printout – film $ actual cost

Black and white film and prints $ actual cost

(Different charges for different sizes)

Electronic format actual cost of medium

(disk, diskette, etc.)

Certification of Public Records $ 1.00

Routine_____

Special _____

(Response Form A)

TO :

 

FROM :

 

Name:

 

Freedom of Information Officer

 

Address:

 

Cook Memorial Public Library District

 

City

 

Libertyville

 

State/Zip:

 

IL 60048

 

Phone Number: 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 :

 

FROM :

 

Name:

 

Freedom of Information Officer

 

Address:

 

Cook Memorial Public Library District

 

City

 

Libertyville

 

State/Zip:

 

IL 60048

 

Phone Number: 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 (g) 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:
(include detailed factual basis for any claimed exemption):

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 Public Access Counselor by submitting a written notice of appeal to:

"Public Access Counselor Illinois Attorney General’s Office 500 South Second Street Springfield, Illinois 62706 1-800-243-0618 or (217)558-0486

You also have the right to judicial review pursuant to Section 11 of the Freedom of Information Act, 5 ILCS 140/11.

_______________________________       _____________________

Freedom of Information Officer                        Date

 

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)

DENIAL OF REQUEST FOR PUBLIC RECORDS BASED ON SECTION 7(1)(c) OR 7(1)(f)

TO :

 

FROM :

 

Name:

 

Freedom of Information Officer

 

Address:

 

Cook Memorial Public Library District

 

City

 

Libertyville

 

State/Zip:

 

IL 60048

 

Phone Number: 847-362-2330

 

Your request dated for the above captioned records has been denied. The materials requested are exempt under _______Section 7(1)(c) or _____Section 7(1)(f) of the Freedom of Information Act for the following reasons (include detailed factual basis for any claimed exemption):

A copy of your request is enclosed.

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 Public Access Counselor by submitting a written notice of appeal to:

Public Access Counselor
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706

1-800-243-0618 or (217) 558-0486

You also have the right to judicial review pursuant to Section 11 of the Freedom of Information Act, 5 ILCS 140/11.

_______________________________       _____________________

Freedom of Information Officer                        Date

 

cc: Public Access Counselor
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706

(Response Form D)

PARTIAL APPROVAL OF REQUEST FOR PUBLIC RECORDS

TO :

 

FROM :

 

Name:

 

Freedom of Information Officer

 

Address:

 

Cook Memorial Public Library District

 

City

 

Libertyville

 

State/Zip:

 

IL 60048

 

Phone Number: 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 request creates an undue burden on the public body in accordance

with Section 3 (g) 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 (include detailed factual basis for any claimed exemption):

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 Public Access Counselor by submitting a written notice of appeal to:

Public Access Counselor
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706

1-800-243-0618 or (217)558-0486

You also have the right to judicial review pursuant to Section 11 of the Freedom of Information Act, 5 ILCS 140/11.

_______________________________       _____________________

Freedom of Information Officer                        Date

 

(Response Form D)

DEFERRAL OF RESPONSE TO REQUEST FOR PUBLIC RECORDS

TO :

 

FROM :

 

Name:

 

Freedom of Information Officer

 

Address:

 

Cook Memorial Public Library District

 

City

 

Libertyville

 

State/Zip:

 

IL 60048

 

Phone Number: 847-362-2330

 

 

The response to your request dated for the above captioned records must be delayed. Pursuant to Section 3 (e) of the Freedom of Information Act, the delay in responding to your request is for the following reason (s):

_____The requested records are stored at another location.

 _____The request requires the collection of a substantial number of records.

_____ The request is categorical in nature and requires an extensive search.

_____ The requested records have not been located in the course of a routine search and additional efforts are being made to locate them.

_____The requested records require examination and evaluation by competent personnel who have the discretion to determine (1) if the records are exempt under Section 7 of the Act or (2) whether some portion of the records should be deleted before release because the records are partially exempt.

_____Compliance within five (5) working days would unduly burden or interfere with the operations of the Library District.

_____There is a need for consultation that shall be conducted "with all practicable speed" with another public body or between two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.

The records you have requested will be made available to you by ___________ or we will make a decision denying your request by such date. Such date will be within 5 additional working days from ___________________________. (insert the date of the fifth working day after the original request was filed).

_______________________________       _____________________

Freedom of Information Officer                        Date