Resolution 2006-101 STATE OF ILLINOIS )
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COUNTY OF KENDALL )
RESOLUTION NO. 2006- 1 b
RESOLUTION APPROVING
FREEDOM OF INFORMATION ACT,
DISSEMINATION OF INFORMATION POLICY
WHEREAS, the City Council of the United City of Yorkville has considered and
discussed establishing a policy concerning the Freedom of Information Act,
Dissemination of Information Policy, and
WHEREAS, the City Council has determined that it desires to establish such a
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policy, and
WHEREAS, the text of the policy the City Council now desires to establish
concerning the Freedom of Information Act, Dissemination of Information Policy is set
forth on the attached Exhibit "A" which is incorporated herein, and
NOW THEREFORE, upon Motion duly made, seconded and approved by the
majority of those members of the City Council voting, the Freedom of Information Act,
Dissemination of Information Policy is hereby approved by the City Council of the
United City of Yorkville in the form set forth on Exhibit "A" attached hereto and
incorporated herein.
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JAMES BOCK . ,. JOSEPH BESCO
VALERIE BURD PAUL JAMES +sr--
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DEAN WOLFER v MARTY MUNNS
ROSE SPEARS JASON LESLIE
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Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this day of �� •� , A.D. 2006.
MAY
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this OA day ofV\.c' . . A.D. 2006.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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United City of Yorkville
Freedom of Information Act
Dissemination of Information Policy
The people of the United States and of the State of Illinois have a recognized common
law right to inspect and copy public records so that they can fulfill their public duty to
discuss public issues fully and freely, make informed political judgments, and monitor
government to ensure that it is being conducted in the public interest.
A. Recognizing this right, and further, in keeping with the policy of the Illinois
General Assembly that government should be open to the scrutiny of the people it serves,
the Corporate Authorities of the United City of Yorkville have set forth the following
guidelines for the dissemination of information within the municipality (65 ILCS 140/1):
1. Unless specifically mentioned in subsequent sections dealing with information
that can be legally withheld pursuant to the Illinois Freedom of Information
Act (FOIA), all public records dealing with the official acts and policies of the
United City of Yorkville and its Corporate Authorities, elected and appointed
officials, and staff shall be made available to the public for inspection and
copying.
2. For this policy, the term public record shall include, but is not limited to,
reports, forms, writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic data processing
records, recorded information, bills pertaining to City -owned cell and land
phone, emails generated on City -owned computers, and all other documentary
information having been prepared or having been or being used, received,
possessed or under the control of the United City of Yorkville, and as further
defined in FOIA (65 ILCS 140/2(c).
3. All names of City personnel, salaries, titles and dates of employment are
deemed public records.
4. It is the obligation of the United City of Yorkville to make available for
inspection or copying to a requesting party public records in the form in which
they are ordinarily kept (65 ILCS 140/3(a)).
B. To enable the United City of Yorkville to perform certain governmental functions
properly and to protect personal privacy, the following records and others
specified under Section 7 of the Illinois FOIA (65 ILCS 140/7 (1)(a -oo)), shall be
exempt from inspection and copying, with the proviso that at all times these
exceptions are to be read narrowly:
1. All records that Federal or State law, rules and regulations prohibit
disclosing. (65 ILCS 140/7 (1)(a))
2. Files and personal information included in personnel records, such as
medical, social security, and evaluation records; files and personal
information maintained with respect to professional or occupation
registrants or licensees; and information required of taxpayers for tax
assessment of collection purposed. (65 ILCS 140/7 (1)(b))
3. Law enforcement records that would reveal the identity of persons who
file complaints with or provide information to administrative,
investigative, law enforcement or penal agencies; records that, if released,
would interfere with litigation or administrative law enforcement
proceedings; records, that if released, would pose threats to the
infrastructure or safety of the United City of Yorkville.
(65 ILCS 140/7 (1)(c))
4. Communications between an attorney or auditor, hired by the United City
of Yorkville to represent its interests, that would not be subject to
discovery in litigation; material compiled in anticipation of a legal
proceedings and at the request of an attorney. (65 ILCS 140/7 (1)(n))
5. Records that relate to pending real estate purchases. 65 ILCS /7 140 (1)(s))
C. A listing of all public records generated by the United City of Yorkville since
1984 shall be displayed in a place of prominence in the public area of the City
offices. (65 ILCS 140/5)
D. Requests made for information should be filed on the City's FOIA form, and
given or mailed to the Deputy City Clerk, who shall use all due diligence to
provide such records at the earliest possible moment, but in all events not longer
than seven working days after receipt of the FOIA form, unless the information
has been deemed exempt from disclosure, or unless there are extraordinary
circumstances. In the latter instance, up to an additional seven working days is
acceptable to comply with the FOIA, but a letter must be sent to the requesting
person outlining the reason for the extension and naming the date when the
request will be met. (65 ILCS 140/3)
j E. The Deputy Clerk, if he or she believes the request may fall within an exemption,
shall fill out a written form asking the City Attorney to review the FOIA request
to make a determination on the matter of exemption. The City Attorney shall
decide if the request, or parts of the request, are to be denied.
F. All denials shall be in letter form and include the reasons for denial, and the
names and titles of all persons responsible for making the denial. The letter must
also explain that the requesting party can appeal the decision to the Mayor of the
United City of Yorkville by sending the Mayor a written notice of appeal. A
record of all notices of denial to provide information shall be kept in a file that is
open to the public, in a place of prominence in the public area of the City offices.
(65 ILCS 140/9)
G. If the Mayor is asked to review the exemption, he or she must respond to the
requesting person within seven days. If the request denial is upheld, the mayor
must inform the requesting person by letter, and also explain their right to file suit
in the Kendall County circuit court for injunctive or declaratory relief.
(65 ILCS 140/10)
H. All records, except those deemed exempt, may be inspected at the City offices
between 8 a.m. and 4 p.m. Monday through Friday, excepting holidays when the
City offices are closed. Suitable space shall be provided to people who wish to
inspect or copy City records.
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I. A fee to cover the cost of copying records, but not to include the cost of an
( employee's time to research and copy the records, will be charged at the
following rate: The first 20 pages are free; documents over 20 pages are 18 cents
a page; tapes are $1.29 each; CDs are $0.30.
J. Certified copies may be obtained by contacting the Clerk's office during normal
business hours
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