Freedom of Information Act (FOIA) Policy and Form
TRI-COUNTY REGIONAL PLANNING COMMISSION
The Tri-County Regional Planning Commission (“Commission”) is a public body, as defined by the Freedom of Information Act (5 ILCS 140), and it acknowledges that it is bound by the Act. Pursuant to that Act, the public has the right to information produced by its public bodies, which right is balanced with the limited exception in the Act designed to safeguard individuals’ privacy and the efficient operation of the Commission. This policy is designed to provide a framework for the operation of the Act as it applies to Tri-County Regional Planning Commission.
I. Procedures for Requesting Records.
A. Requests for Records. Requests for records should be in writing and should be submitted to the Freedom of Information Officer at the following address:
Linda Abts
Office Manager
Tri-County Regional Planning Commission
411 Hamilton Blvd., Suite 2001
Peoria, IL 61602
and should be marked on the envelope as a “FOIA Request.”
B. Form and Content of Requests.
1. Requests must be made in writing and may be submitted on the FOIA request form provided by the Commission.
2. The requester shall provide the following information:
a. The requester’s full name, address, phone number and organization, if any.
b. A description of the public records requested, using as much specificity as possible.
c. An indication whether the request is for inspection of records, copies of records or both.
II. Procedure for Commission Response to Reports.
A. Time Limit. The Commission, through its Freedom of Information Officer, shall respond to a written request within seven (7) working days of receipt of the request, unless an extension is necessary.
B. Extension of Time. If an extension of up to seven (7) additional working days is necessary, notice of the extension will be provided to the requester within the original seven (7) day time period. The notice shall state the reasons for the extension and the date by which the records will be made available.
C. Denial of Requests. In some instances, after consultation by the Freedom of Information Officer with the Attorney for the Commission, the request for records will be denied in whole or in part, in accordance with the pertinent parts of the statute. If so, the reasons for that denial, including reference to the specific provision in the Act on which the denial is based, will be sent in writing along with notice of the requester’s right to an appeal.
D. Failure to Respond. Failure to respond within the initial seven (7) day period shall be deemed to be a denial of the request.
III. Procedures for Appeal of a Denial.
A. Appeal of a Denial.
1. Requester whose request for records has been denied by the Freedom of Information Officer may appeal the denial by sending a written Notice of Appeal to the Executive Director of the Commission at the following address:
Terry Kohlbuss
Executive Director
Tri-County Regional Planning Commission
411 Hamilton Blvd., Ste. 2001
Peoria, IL 61602
2. The notice of appeal shall include a copy of the original request, a copy of the denial and a statement why the appeal should be granted.
B. Response by Executive Director to Appeal. The Executive Director shall respond to the Notice of Appeal within seven (7) working days of receipt of the notice. The Executive Director will then either provide access to the requested records or affirm the denial in whole or in part.
IV. Procedures for Provision of Records to Requester.
A. Inspection of Records.
1. Inspection of records shall occur at the office of the Commission during normal working hours.
2. If the requester wishes to have copies of some or all of the documents inspected, those documents will be segregated and an employee of the Commission will prepare the copies.
3. An employee of the Commission may be present throughout the inspection. The requester may be prohibited from bringing bags, briefcases or other containers into the inspection room.
B. Copies of Records.
1. Copies of requested documents will be provided to the requester upon payment of the charges due.
2. Charges for copies shall be as follows:
a. .10 per page.
b. $ .25 per color page.
c. $ .50 for oversize pages, such as maps or charts.
d. Actual cost of materials for digital media
e. $1.00 for certification.
f. $10.00 for minimum charge.
3. If the Freedom of Information Officer determines that a waiver of charges would serve the public interest, as defined by the Act, such charges may, in the sole discretion of the Freedom of Information Officer, be waived. A waiver will not be granted unless the requester states the specific purpose for the request, and the reason why such a waiver should be granted.
V. Administrative Provisions.
A. Effective Date. This policy and any amendments thereof shall be effective on the date passed by the Commission and prominently displayed in the office of the Commission.
B. Severability. Should any provision of this policy be determined by a court or other authority of competent jurisdiction to be invalid, that determination shall not affect the remaining sections of the policy which shall remain in full force and effect. Therefore, the provisions of this policy are severable.
C. Maintenance of Records. The Commission shall maintain all records of FOIA requests, including written requests, letters extending the time for compliance, Notices of Appeal and denial letters.
To request information please complete the attached form and return it to Tri-County Regional Planning Commission.
FOIA Request Form (word document)
July 25, 2008
