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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. -2- (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