Ordinance 1984-09 i
ORDINANCE NO. 1984-
AN ORDINANCE TO IMPLEMENT THE FREEDOM OF INFORMATION ACT
WHEREAS, the Illinois General Assembly enacted Public Act
83-1013, commonly known as the Freedom of Information Act effective
July 1, 1984; and
WHEREAS, several aspects of that Act can be properly implemented
consistent with the orderly workings of City Government only by
adopting legislation at the local level; and
WHEREAS, it is the intent of the City Council of The United
City of the Village of Yorkville to implement and supplement the
Freedom of Information Act hereby,
NOW, THEREFORE, BE IT ORDAINED by the City Council and the
Mayor of The United City of the Village of Yorkville, Kendall
County, Illinois as follows:
SECTION I. DISCLOSURE OF PUBLIC RECORDS.
(a) The City Clerk shall be and he or she is hereby designated
as the appropriate official to keep centralized records, files and
information concerning the Freedom of Information Act (Ill. Rev. Stat.
ch. 116, S201 et seq.) and to coordiante activities responsive thereto
among the various departments of the City.
(b) Fee schedule. The followoing schedule of fees to be charged
for copies and certification of public documents pursuant to the
Freedom of Information Act is as follows:
(1) Fee schedule:
Copies - $.18/1st original
$.09/subsequent copies
Blueprints- Cost incurred by City to have
run on a- blueprint machine
Computer Runs- $43.00/hour (each job
priced separately)
(2) The City Clerk, any Department Head, and any person
designated by a Department Head to respond to a request for Public
records may upon determination that the probable cost of copying
requested records would exceed Ten Dollars ($10.00) require payment
of the estimated cost by the requestor prior to actually copying such
records. If the actual cost of copying said records according to the
Fee Schedule provided in this Section exceeds or is less than the
estimated cost, the requestor will be required to pay or be refunded
the difference accordingly at the time the copies are delivered to the
requestor.
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(c) Place of Examination. The City Clerk, each Department Head,
and each person designated by each Department Head to respond to
requests for public records in such department is authorized to
designate to a requestor of records an area within which the requested
records may be examined. It shall be unlawful for any person
requesting such records to remove any of them from such designated
area.
(d) Destruction, Defacement, Theft. It shall be unlawful for
any requestor of records to destroy or deface them or to take them
with intent to permanently deprive the City of their possession.
(e) False Certification. It shall be unlawful for any person
requesting examination or copies of public records to certify falsely
that such request for inspection or copying is not for the purpose of
furthering a commercial enterprise.
(f) Appeals.
(1) Time for Appeal. Any person requesting public records
whose request has been denied in whole or in part may appeal such
denial to the Mayor. Such appeal must be filed in the Office of the
City Clerk within fourteen (14) working days of the date the requestor
was notified of the denial. If notification was given in person, the
time limit for appealing shall commence on the date of delivery; if
the denial was made by mail, it shall commence on the date the notice
of denial was mailed to the requestor. Failure to file an appeal of
such denial shall constitute acquiescence in the decision to deny the
request.
(2) The Mayor may for such times as he deems appropriate
delegate to any person his authority to decide issues on appeal under
the Freedom of Information Act. A decision on appeal by the person so
designated shall have the same force and effect as the decision by the
Mayor on such appeal.
SECTION 2. All Ordinances or parts of Ordinances in conflict
herewith shall be and the same are hereby repealed to the extent of
such conflict.
Passed this ,.., day of August, 1984
7
ROB T E. DAVIDSON, JR. , VOR
Approved this qlt-(, day of August, 1984
ZlI'YY CLERK