EAST DUNDEE _amp; COUNTRYSIDE FIRE PROTECTION DISTRICT by dfgh4bnmu

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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.
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      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.


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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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