CITY OF DANVILLE
 POLICY GOVERNING ACCESS TO PUBLIC RECORDS
 UNDER THE FREEDOM OF INFORMATION ACT

1. SUMMARY OF PURPOSE

The purpose of the City of Danville is to protect and promote the health, safety and welfare of its inhabitants.

This policy Governing Access to Public Records is established to implement the provisions of the Freedom of Information Act. (P.A. 83-1013, effective July 1, 1984, 5 ILCS 140). The purpose of these rules is to support the policy of providing public access to the public records in the possession of the City while, at the same time, protecting legitimate privacy interest and maintaining administrative efficiency.

2. DEFINITIONS

Terms used in this Policy Governing Access to Public Records shall have the same meaning as in the Freedom of Information Act.

“FOIA” means the Freedom of Information Act.

“Act” means the Freedom of Information Act pursuant to 5 ILCS 140.

“FOIA Officer” means the City Clerk or her designee at the Fire and Police Departments.

“Requestor” means a person who submits a request for public records in accordance with these Policy Rules.

3. PROCEDURES FOR REQUESTING PUBLIC RECORDS.

Requests for Police Department information shall be submitted to the following address:
Danville Police Department
2 E. South St.
Danville, IL 61832

Requests for Fire Department information shall be submitted to the following address:
Danville Fire Department
1111 N. Griffin
Danville, IL 61832

Requests for all other information shall be submitted to the following address:

Office of the City Clerk
17 W. Main
Danville, IL 61832

4. FORM AND CONTENT OF REQUESTS

Requests in accordance with FOIA and the City of Danville Policy Governing Access to Public Records shall be made in writing. These requests may be submitted on FOIA request forms provided by the City as updated from time to time.

The requestor shall provide the following information in a request for public records:
1. The requestor’s full name, address and phone number;
2. A brief description of the public records sought, being as specific as possible; and
3. Whether the request is for inspection of public records, copies of public records, or both.

5. TIMELINE FOR CITY RESPONSE TO REQUEST FOR PUBLIC RECORDS.

The City shall respond to a written request for public records within seven (7) working days after the receipt of such request.

The City 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 Act. Such notice of extension shall state the reasons why the extension is necessary and the date by which the records will be available or the denial will be forthcoming.

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6. TYPE OF CITY RESPONSES TO REQUEST FOR PUBLIC RECORDS.

The City shall respond to requests for public records in one of three ways:
1. Approve the request;
2. Approve in part and deny in part; or
3. Deny the request.

Upon approval of a request for public records, the City may either provide the materials immediately, give notice that the materials shall be made available upon payment of reproduction costs, or give notice of the time and place for inspection of records.

A denial of a request for public records shall be made in writing. It shall state the reasons for the denial and the names and titles of individuals responsible for the decision. If the denial is pursuant to an exemption set forth in Section 7 of the Act, the notice of denial shall specify the exemption. It shall also give the notice of the requestor’s right to appeal to the Mayor of the City. Each notice of denial of an appeal by the head of a public body shall inform such person of his right to file suit for injunctive or declaratory relief with the Vermilion County Circuit Court under Section 11 of the Act.

Categorical requests creating an undue burden upon the City 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 Act.

Failure to respond to a written request within seven (7) working days shall be considered by the requestor a denial of the request.

7. PROCEDURES FOR APPEAL OF A DENIAL

A requestor, whose request has been denied by the City Clerk, or a designee, may appeal the denial to the Mayor of the City. The notice of appeal may be made in writing and sent to:

The Honorable Mayor of
The City of Danville
17 W. Main
Danville, IL 61832

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.

8. MAYOR’S RESPONSE TO APPEALS

The Mayor shall respond to an appeal within seven (7) working days after receiving notice thereof. The Mayor shall, with the advice of Corporation Counsel, either affirm the denial or provide access to the requested public records. Failure to respond within seven (7) working days shall be considered an affirmation of the denial.

9. PROCEDURES FOR PROVIDING RECORDS TO REQUESTORS

Generally, public records will be made available for inspection at the Office of the City Clerk, located at Municipal Building, 17 W. Main, Danville, IL 61832, the Fire Department located at 1111 N. Griffin, Danville, IL 61832, or at the Police Department located at 2 E. South St., Danville, IL 61832 during the hours of during the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. Unless otherwise arranged, the inspection of records shall take place at each respective office where the request is made.

If the documents requested contains certain information that is exempt from disclosure under Section 7 of this Act, the public body shall delete the information which is exempt and make the remaining information available for inspection and copying.

Documents that the requestor wishes to have copied shall be segregated during the course of the inspection. An employee of the City may be present throughout the inspection.

All copying shall be done by a City employee. A requestor may be prohibited from bringing bags, brief cases or other containers into the inspection room.

Copies of public records shall be provided to the requestor only upon payment of any charges that are due.

Charges for copies of public records shall be assessed in accordance with the “Fee Schedule for Duplication of Public Records”, or as updated from time to time. Charges may be waived in any other case where the City Clerk, or the designee, determines that the waiver serves the public interest, pursuant to Section 6 of the Act.