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EAST DUNDEE & COUNTRYSIDE FIRE PROTECTION DISTRICT The Illinois Freedom of Information Act 5 ILCS 140/4 A. A Brief description of the East Dundee & Countryside Fire Protection District 1. Purpose: The purpose and mission of the East Dundee & Countryside Fire Protection District is to provide professional, high quality and effective fire and ambulance services to those communities served by them. 2. Organization Chart EAST DUNDEE & COUNTRYSIDE FIRE PROTECTION DISTRICT __________________________________________________________________________________________ East Dundee & Countryside Fire Protection District Descriptive Information under FOIA Page 1 3. Operating Budget The total amount of the East Dundee & Countryside Fire Protection District Operating Budget for the Fiscal Year 2010-2011 is $1,928,500.00. Funding sources come from Real Estate Taxes, Ambulance Revenue, and other Firefighter activities. 4. East Dundee & Countryside Fire Protection District Offices The East Dundee & Countryside Fire Protection District offices are located at 115 East Third Street East Dundee Illinois 60118. 5. Number of Persons Employed East Dundee & Countryside Fire Protection District has the following number of persons employed: Full-Time: 7 Part-Time: 22 6. The following bodies exercise control of East Dundee & Countryside Fire Protection District’s policies and procedures. All bodies hold their meetings in the East Dundee & Countryside Fire Protection District Training Room located at 115 East Third Street East Dundee unless posted differently in advance of the meeting. a) East Dundee & Countryside Fire Protection District Board of Trustees The East Dundee & Countryside Fire Protection District Board of Trustees is a three member board that meets the third Tuesday of each month at 7:00 PM. Its members are: President Mark Guth, Treasurer John Bonkoski and Secretary Hank Clemmensen B. Methods whereby you may request information and records. 1. You may request information available to the public in the following manner Requests for information and records should be made in writing directed to the East Dundee & Countryside Fire Protection District FOIA by personal delivery mail, fax, or other available means including e-mail, additionally there is a form available for use if you so desire. Your request should be directed to the following individual: East Dundee & Countryside Fire Protection District FOIA Officer 115 East Third Street East Dundee Illinois 60118 You must indicate whether you have a “commercial purpose” in your request. You must specify the records requested to be disclosed for inspection or to be copied. If you desire that any records be certified, you must specify which ones. Fees for reproducing the records are as follows: There is no charge for the first 50 pages of black and white copies in letter or legal size. __________________________________________________________________________________________ East Dundee & Countryside Fire Protection District Descriptive Information under FOIA Page 2 There is a $.15 cent per page charge for copied records in excess of 50 pages. The actual copying cost of color copies and other sized copies will be charged. There is a $1.00 certification charge for each record requested to be certified. The FOIA Officer will respond to your request within 5 Business days of receipt of the request. An extension of an additional 5 Business days may be necessary to properly respond to your request. Records may be inspected at the East Dundee & Countryside Fire Protection District Office. If inspected, an East Dundee & Countryside Fire Protection District employee must be present throughout the inspection. The place and times where records will be available are: 9:00 a.m – 2:00 p.m., Mondays through Friday (exception is holidays), at East Dundee & Countryside Fire Protection District, 115 East Third Street East Dundee Illinois 60118 You may appeal the decision of the FOIA Officer to The Public Access Counselor at the Illinois Attorney Generals Office located at 500 S. 2nd Street, Springfield, IL 62706, or you may seek Judicial review through the Kane County Court System. C. Types of Records Certain types of records maintained by East Dundee & Countryside Fire Protection District are exempt from inspection and copying. However, the following types or categories of records are maintained under or control: Applications for Authority to Dispose of Local nn Payroll Records Records and Records Disposal Certificate IMRF Records Administrative Files Sprinklers Fire Alarm Inspection Records Alarm Records Equipment Inventory Agreements and Leases Invoices & Paid Bills Annual Budgets Journals & Ledgers Audit Reports Legal Files Bank Statements, Cancelled Checks and Deposit Board Minutes Records Tape Recordings of Board Minutes Bids and Proposals Personnel Files Budget Working Papers Policy and Regulations Manuals Pass-on Log Purchase Orders & Requisitions Certificates of Publication & Legal Notices East Dundee & Countryside Fire Protection Application for Employment District Complaint Logs Expenditure Listings Reports East Dundee & Countryside Fire Protection Freedom of Information Requests & Denials District Monthly & Annual Reports Grant Files Receipts Incident & Dispatch Records Street Index (in CAD) Insurance Policies Time Sheets Insurance Records Audio Cassette Tapes Employee Manual & Job Descriptions Construction Records East Dundee & Countryside Fire Protection District Administrative Policy Manual Arbitration Records __________________________________________________________________________________________ East Dundee & Countryside Fire Protection District Descriptive Information under FOIA Page 3 EAST DUNDEE FIRE PROTECTION STANDARD OPERATING POLICIES SUBJECT: Freedom of Information Requests SOG # ADM-29 INDEXED AS: Administration Policy EFFECTIVE DATE: 04-01-2010 APPROVED BY: Steve Schmitendorf, Acting Chief REPLACES: Steve Schmitendorf NEW PURPOSE: East Dundee & Countryside Fire Protection District, under the Freedom of Information Act hereby establishes this policy for the purpose of governing access to public records of East Dundee & Countryside Fire Protection District. The intent is to comply with the general public’s right to timely and reasonable disclosure of public records, while also protecting the legitimate privacy interests and/or records that are not subject to disclosure under the Act. INDEX: 1.0 Definitions 2.0 Designation of a Freedom of Information Officer 3.0 Training of Designated Personnel 4.0 Freedom of Information Officer 5.0 Exceptions to Public Disclosure 6.0 Form and Content of FOIA Requests. 7.0 Authorized Responses to FOIA Requests 8.0 Time Limits for Responses 9.0 Inspection of Records at Fire District Office 10.0 Copies of Public Records 11.0 Review of a Denial 1.0 Definitions 1.1 Public Record. All records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of the public body. Page 1 of 11 1.2 Business Day. A business day is defined as a regular day of the week (Monday through Friday). Saturdays, Sundays, and state holidays are not business days. 2.0 Designation of a Freedom of Information Officer 2.1 In accordance with the Freedom of Information Act, the Fire District shall designate certain employees, officers, or members to receive training on compliance with the Freedom of Information Act, and submit a list of those designated to the Public Access Officer of the Illinois Attorney General’s Office. 2.2 Appointment of the Fire District Freedom of Information Officer will occur annually by the Chairman at the first meeting of the year, and designate whether the person appointed is the “primary” or “secondary” FOIA officer. 2.3 Individuals designated as the Freedom of Information Officer will do so for the East Dundee & Countryside Fire Protection District Board of Trustees, the East Dundee & Countryside Fire Protection District Organization, and any temporary or standing committee formed by either body. 3.0 Training of Designated Personnel 3.1 Initially, those persons designated for compliance training must successfully complete an electronic training curriculum administered by the Public Access Counselor of the Illinois Attorney General’s Office by July 1st, 2010. 3.2 Those designated for compliance training must successfully complete an annual training program. 3.3 When designating a new person for compliance training, that person must complete the electronic training curriculum within 30 days after the designation. Page 2 of 11 4.0 Freedom of Information Act Officer 4.1 The personnel listed on the attached Addendum 1 are hereby appointed by the East Dundee & Countryside Fire Protection District Board of Trustees as the designated FOIA officers that shall be responsible for: 1. Receiving FOIA requests submitted to East Dundee & Countryside Fire Protection District. 2. Ensuring that East Dundee & Countryside Fire Protection District responds in a timely fashion to all requests. 3. Issuing responses under the Freedom of Information Act. 4. Maintaining for public inspection, a brief description of East Dundee & Countryside Fire Protection District, and a brief description of how the public may request public records. 5. Developing and maintaining a list of documents or categories of records that East Dundee & Countryside Fire Protection District must immediately disclose upon request. 6. Assisting the public in identifying requested records; 7. Extending the time for acting on a request, if necessary for any of the reasons listed in Section 7 of the FOIA. 8. After records are located and reviewed, make records available for inspection or denying access to the records in whole or in part. 9. Certifying, upon request, that a copy is a true copy. 10. Informing the requester, when access is denied, of their right to appeal to the Illinois Attorney General’s Office of the Public Access Counselor. 11. Maintaining a public file of denials indexed according to type of record requested and type of exemption asserted by East Dundee & Countryside Fire Protection District. 4.2 The East Dundee & Countryside Fire Protection District Legal Counsel shall provide legal advice and assistance to the FOIA officers in the review and response to a specific request. 5.0 Exceptions to Public Disclosure When a request is made to inspect or copy a public record that contains information that is exempt from disclosure, but contains information that is not exempt from disclosure, East Dundee & Countryside Fire Protection District will Page 3 of 11 elect to redact the information that is exempt and make the remaining information available for inspection and copying. There are several exceptions to public disclosure (Section 7 – Exemptions of the FOIA) that include but are not limited to: 5.1 Private Information. Private information is defined as unique identifiers, including a person’s social security number, driver’s license number, employee identification number, biometric identifiers, personal finance information, passwords or other access codes, medical records, home or personal telephone numbers, and personal e-mail addresses. It also includes home addresses and personal license plate numbers. 5.2 Personal Information. Personal information is defined as, that if disclosed, would constitute a clearly unwarranted invasion of personal privacy, unless the disclosure is consented to in writing by the person who is the subject of the information.. “Unwarranted invasion of personal privacy” means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject’s right to privacy outweighs any legitimate public interest in obtaining information. 5.3 Law Enforcement Records. Law enforcement records that if disclosed, would interfere with a pending or reasonably contemplated proceeding or that would disclose the identity of a confidential source. 5.4 Endangering Information. Information that, if disclosed, might endanger anyone’s life or physical safety. 5.5 Preliminary Drafts. Preliminary drafts or notes in which opinions are expressed or policies are formulated, unless the record is publicly cited and identified by the head of the public body. 5.6 Proposals and Bids. Proposals and bids for any contract, until a final selection is made. 5.7 Minutes of Closed meetings. Minutes of meetings closed to the public as provided in the Open Meetings Act until the minutes are made available under Section 2.06 of the Open Meetings Act. Page 4 of 11 5.8 Communications with Attorneys or Auditors. Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies. 5.9 Employee Grievances or discipline cases. Records relating to a public body’s adjudication or employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed. 5.10 Collective Negotiations Matters. Records relating to a collective negotiating matter between public bodies and their employees or representatives, except that any final contract or agreement shall be subject to inspection and copying. 5.11 Unduly Burdensome. A request may be considered unduly burdensome if there is no way to narrow the request, and the burden on the public body to produce the information outweighs the public interest in the information. 6.0 Form and Content of FOIA Requests. 6.1 Requests for information or records may be made in writing directed to the East Dundee & Countryside Fire Protection District FOIA Officer by personal delivery, mail, fax, or other available means including e-mail. 6.2 The FOIA Officer shall develop a standard form for FOIA requests to be kept on hand in case a requesting party so chooses to utilize said form. (Addendum 2) 6.3 The FOIA Officer shall develop a cover sheet to be used to track the time lines of all requests (Addendum 3) Page 5 of 11 7.0 Authorized Responses to FOIA Requests 7.1 The FOIA officer shall respond to a request for public records in one of five ways: 1. Approve the request in writing within 5 business days and either: 1) provide the materials immediately, 2) give notice that the materials shall be made available upon payment of any fees due, or 3) give notice of the time and place for inspection of the records. 2. Notify the requester within 5 business days that either: 1) East Dundee & Countryside Fire Protection District does not maintain or possess the documents requested, or 2) the requested documents could not be found after a diligent search. 3. Notify the requester in writing within 5 business days that an additional 5 business days will be necessary to determine a response and provide the requester the specific reason for the delay consistent with those grounds found in the FOIA, as well as the date the delayed response will be forthcoming. 4. Approve the request in part, and deny it in part, in writing within 5 business days, and notify the requester of: 1) the specific reason why part of the request has been denied, 2) the East Dundee & Countryside Fire Protection District personnel responsible for the decision, and 3) the right to review of such decision. 5. Deny the request in its entirety within 5 business days, and notify the requester of 1) the specific reason the request has been denied, 2) the East Dundee & Countryside Fire Protection District personnel responsible for the decision, and 3) the right to review of that decision. 7.2 When asserting the exemption for “personal information” of which would be an “unwarranted invasion of personal privacy” or the exemption for “preliminary drafts”, East Dundee & Countryside Fire Protection District will provide written notice to the requester and to the Public Access Counselor of the Illinois Attorney General’s Office of its intent to deny the request in whole or in part. 1. The notice to the PAC must include: a. A copy of the request for access to records, b. The proposed response from the public body, Page 6 of 11 c. A detailed summary of East Dundee & Countryside Fire Protection District’s basis for asserting the exemption. 8.0 Time Limits for Responses 8.1 The FOIA Officer shall respond to all requests for public records within 5 business days. 1. The 5 day response timeline begins the day after any employee or official of East Dundee & Countryside Fire Protection District receives the request for information. 8.2 The response time can be extended another 5 business days from the original due date for statutorily specified reasons, as follows: 1. The requested information is stored at a different location. 2. The request requires the collection of a substantial number of documents. 3. The request requires an extensive search. 4. The requested records have not been located and require additional effort to find. 5. The requested records need to be reviewed by staff who can determine whether they are exempt from FOIA. 6. The requested records cannot be produced without unduly burdening the public body or interfering with its operations; or 7. The request requires the public body to consult with another public body that has substantial interest in the subject matter of the request. 8.3 The person making a request and East Dundee & Countryside Fire Protection District may agree in writing to an additional extension of time for compliance. 8.4 Exception to 5 day rule. If a request is for records to be used for commercial purposes, East Dundee & Countryside Fire Protection District shall have 21 working days to respond. Page 7 of 11 9.0 Inspection of Records at East Dundee & Countryside Fire Protection District’s Office 9.1 Public records will be available for inspection at the East Dundee & Countryside Fire Protection District office located at 115 East Third Street East Dundee Illinois 60118 between the hours of 9:00 am and 2:00 pm, Monday through Friday, except when the East Dundee & Countryside Fire Protection District offices may be closed for business due to an official holiday. 10.0 Copies of Public Records / Fees East Dundee & Countryside Fire Protection District may charge fees reasonably calculated to reimburse for actual costs. 10.1 No fees will be charged for the first 50 pages, and 15 cents per page thereafter for copies of black and white, letter or legal sized documents. 10.2 The fee for the reproduction of documents in color will be the actual cost of duplication. 10.3 For requests of a copy maintained in electronic format, the actual cost of purchasing the recording medium will be assessed. 10.4 The fee for certifying a record will be one (1) dollar. 11.0 Review of a Denial 11.1 If a FOIA request is denied, the requester shall be informed in writing of their right to review by the Public Access Counselor at the Illinois Attorney General’s Office, and be provided the address and phone number for the PAC. 11.2 If a FOIA request is denied, the requestor shall be additionally informed in writing of their right to judicial review. (Reference 5 ILCS 140/1, Public Act 96-542) Page 8 of 11 ADDENDUM 1 EAST DUNDEE & COUNTRYSIDE FIRE PROTECTION DISTRICT FREEDOM OF INFORMATION ACT OFFICERS The following personnel have been appointed as the Freedom of Information Officers for East Dundee & Countryside Fire Protection District for the calendar year 2010: Primary: Paula Riddle-Roland, Administrative Assistant Secondary: Steve Schmitendorf, Acting Chief NOTE: A copy of this Addendum will be provided to the Illinois Attorney General’s Public Access Counselors Office annually. Page 9 of 11 ADDENDUM 2 Page 10 of 11 ADDENDUM 3 Page 11 of 11 EAST DUNDEE FIRE PROTECTION DISTRICT RECORD REQUEST FORM ILLINOIS FREEDOM OF INFORMATION ACT I submit this request for records from The East Dundee Fire Protection District under the provisions of the Illinois Freedom of Information Act. Requestor Name: Current Mailing Address: Daytime Telephone: Request Submitted By: [ ] E-mail [ ] U.S. Mail [ ] Fax [ ] In Person Description of Records Requested: Please provide as complete a description of the record(s) requested as possible, for example, title or subject of the document/record, date of issue, person or office issuing the document/record, person or office receiving the document or record. You may attach additional pages, if necessary. Type of Request: This request is to: [ ] Inspect the record(s) [ ] Obtain a copy of the record(s) [ ] Paper Copies? [ ] Electronic Copies? What Format? ___________________ [ ] Obtain a certified copy of the record(s) Is this request for a Commercial Purpose? [ ] Yes [ ] No (It is a violation of the Freedom of Information Act for a person to knowlingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose, if requested to do so by the public body. (5 ILCS 140.3.1 (c)) Are you requesting a fee waiver? [ ] Yes [ ] No (If you are requesting that the public body waive any fees for copying documents, you must attach a statement of the purpose of the request, and whether the principla purpose of the request is to access or disseminate information regarding the health, safety and welfare or leagl rights of the general public. (5 ILCS 140/6(c)) Signature of Requestor Date Office Use Only: Request Received By: Request Received: Date: Time: EAST DUNDEE FIRE PROTECTION DISTRICT RECORD REQUEST FORM FREEDOM OF INFORMATION ACT COVER SHEET Person Receiving: Date Received: Time Received: 5 Day Response Date: Date Responded Date additional Time Requested Date Responded Disposition: [ ] Approved [ ] Partial Approval Exemption Basis [ ] Denied Exemption Basis Disposition By: NOTES: Training Module: FOIA2010106809 Date: Monday, March 22, 2010 Fire Chief Steven M Schmitendorf Has successfully completed the Freedom of Information Act on-line training.
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