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Village's Response to Submitted Requests
Upon receipt of a Freedom of Information Act (FOIA) Request Form, the FOIA Officer shall determine whether the requested information is exempt or nonexempt under the provisions of the FOIA. The FOIA Officer shall respond in one of the following ways:
  • Approval of request - Provide materials requested within five business days after receipt of the request, give notice of when the records will be provided and the cost (if any), or give notice of the time and place for inspection of the records.
  • Give a notice of extension - The FOIA Officer may request an additional five business days to fulfill the request. The FOIA Officer will notify the requester in writing on or before the fifth (5th) business day.  The FIOA Officer and requester may further agree in writing to extend the time for a period to be determined by the parties.
  • Denial of request or part of request - Denial must be written and reference a specific legal reason under FOIA to justify the nondisclosure. The denial must also inform the requester of the right to seek review of the issue by the public access counselor (PAC) in the Attorney General’s Office, with the PAC’s contact information, as well as the right to seek judicial review by filing a court case.
  • Requests for records made for a commercial purpose, requests by a recurrent requester, or voluminous requests.  The time periods for compliance or denial of a request to inspect or copy records set out in this section shall not apply to requests for records made for a commercial purpose, requests by a recurrent requester, or voluminous requests.  Such requests shall be subject to the provisions of the Freedom of Information Act, as applicable.

The requester must submit a Request for Review to the PAC within 60 calendar days after the date of the final denial from the public body.
  
Response to Commercial Requests

A commercial request is when the requester seeks to use part or all of the public records for sale, resale, or solicitation or advertisement for sales or services. The FOIA officer will respond to a request for records to be used for a commercial purpose within 21 working days after receipt.  The response shall (i) provide to the requester an estimate of the time required by the Village to provide the records requested and an estimate of the fees to be charged, which the Village may require the person to pay in full before copying the requested documents, (ii) deny the request pursuant to one or more of the exemptions set out in the FOIA, (iii) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions, or (iv) provide the records requested.  Unless the records are exempt from disclosure, the Village will comply with a commercial request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes.
   
Please note:
It is a violation of the FOIA for a person to knowingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose, if requested to do so by the Village.

Voluminous Request
A voluminous request means a request that:  (i) includes more than 5 individual requests for more than 5 different categories of records or a combination of individual requests that total requests for more than 5 different categories of records in a period of 20 business days; or (ii) requires the compilation of more than 500 letter or legal-sized pages of public records unless a single requested record exceeds 500 pages.  “Single requested record” may include, but is not limited to, one report, form, e-mail, letter, memorandum, book, map, microfilm, tape, or recording.     

The Village will respond to a voluminous request within 5 business days after receipt.  The response will notify the requester: (i) that the Village is treating the request as a voluminous request; (ii) the reason why the Village is treating the request as a voluminous request; (iii) that the requester must respond to the Village within 10 business days after the Village’s response was sent and specify whether the requester would like to amend the request in such a way that the Village will no longer treat the request as a voluminous request; (iv) that if the requester does not respond with 10 business days or if the request continues to be a voluminous request following the requester’s, the Village will respond to the request and assess any fees the Village charges pursuant to Section 6 of the FOIA; (v) that the Village has 5 business days after receipt of the requester’s response or 5 business days from the last day for the requester to amend his or her request, whichever is sooner, to respond to the request; (vi) that the Village may request an additional 10 business days to comply with the request; (vii) of the requester’s right to review of the Village’s determination by the Public Access Counselor and provide the address and phone number for the Public Access Counselor; and (viii) and if the requester fails to accept or collect the responsive records, the Village may still charge the requester for its response pursuant to Section 6 of the FOIA and the requester’s failure to pay will be considered a debt due and owing to the Village and may be collected in accordance with applicable law.
   
The person making a request and the Village may agree in writing to extend the time for compliance for a period to be determined by the parties.  If the requester and the Village agree to extend the period for compliance, a failure by the Village to comply with any previous deadlines shall not be treated as a denial of the request for the records.

          
Recurrent Requester     
A recurrent requester is a person that, in the 12 month immediately preceding the request, has submitted to the Village (i) a minimum of 50 requests for records, (ii) a minimum of 15 requests for records within a 30-day period, or (iii) a minimum of 7 requests for records within a 7-day period.
      
Within 5 business days after receiving a request from a recurrent requester, the Village will notify the requester (i) that the Village is treating the request as from a current requester, (ii) of the reasons why the Village is treating the request as from a current requester and (iii) that the Village will send an initial response within 21 business days after receipt.

The Village will respond to a request from a recurrent requester, within 21 business days after receipt.  The response will (i) provide to the requester an estimate of the time required by the Village to provide the records requested and an estimate of the fees to be charged, which the Village may require the person to pay in full before copying the requested documents, (ii) deny the request pursuant to one or more of the exemptions set out in the FOIA, (iii) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions, or (iv) provide the records requested.

Unless the records are exempt from disclosure, a Village will comply with a request within a reasonable period considering the size and complexity of the request.