PROCEDURES FOR PROCESSING A FOIA REQUEST
1. PUT THE REQUEST IN WRITING
Requests for public records must be made in writing to the City Clerk's office. If a request is made in person, the person making the request must complete and sign a Freedom of Information Act Request form. If the request is made by mail or electronically, a Freedom of Information Act Request form must be completed by an employee of the City Clerk's office. The date and time received must be recorded on the form immediately. If the request is estimated to cost more than $50.00, including copying, labor and mailing charges, if applicable, fill out the estimated cost section of the form, determine the deposit as one-half the estimated cost, and indicate the balance. The requesting party must make payment before any searching, reviewing or copying commences. One copy of this form shall be returned to the requesting party, one copy shall be forwarded to the appropriate City Department for response and one copy shall be kept for the City Clerk's files. The City Clerk shall notify the Department responsible for compiling the requested records of the date the records must be released to the requesting party.
If the request is made by mail or electronically and a deposit is required, the requesting party must be notified immediately that the deposit must be paid before searching, reviewing and copying can commence.
2. INDIGENCE FORMS
The first $20.00 of any one request will be waived if the requesting party is receiving public assistance or is indigent. Affidavit of Indigence forms are available at the City Clerk's office. If questions arise, the FOIA Coordinator shall make the final determination concerning indigence in any particular case.
3. SEARCHING AND REVIEWING
The FOIA Coordinator or his or her designate shall be responsible for searching for and reviewing records for exempt materials. If there is any question in the beginning as to whether the material is exempt, the request shall be submitted to the FOIA Coordinator before searching and reviewing commences. After reviewing the requested materials, submit all materials which may be exempt to the FOIA Coordinator for final determination.
Documents which are exempt in part should be copied before deletions are made. Spacer cards should be placed in the appropriate files indicating that exempt material has been removed before the files are given to citizens for review.
4. REPLY TO REQUEST - NOTIFICATION DEADLINES
A Freedom of Information Act Request response letter must be completed within five (5) business days for all requests. This letter will notify the requesting party as to whether the request will be granted, denied in part or denied totally. A notice extending the deadline to respond by ten (10) additional business days can be issued to the requesting person if additional time is needed. Failure to reply to a request constitutes a denial of that request.
5. IF THE REQUEST IS GRANTED
If a request is made to review records, an appointment shall be made and the City Clerk shall provide an area suitable for that purpose.
There is no need to monitor citizens reviewing copies of documents with originals on file elsewhere. However, monitors must be assigned to insure the integrity of materials when citizens are reviewing the originals. At the end of the monitoring period, the citizen must pay any labor costs incurred for monitoring, searching and reviewing.
Citizens who request their own copies of documents must pay for the cost of searching, reviewing and copying before they receive the copies.
6. IF THE REQUEST IS DENIED
The requesting party may appeal the decision to deny or to deny in part to the City Council or the requesting party can bring action in Circuit Court. Suit may only be brought against the City, not against individual employees.
7. DETERMINING COSTS
Use the fee schedule to estimate charges or determine final
costs.