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HomeMy WebLinkAboutOrdinances - O-84-352 - 12/03/1984 - ADOPT RULES AND REGS OF FREEDOM OF INFO ACTORDINANCE NO. 0-84-352 AN ORDINANCE ADOPTING RULES AND REGULATIONS REGARDING THE FREEDOM OF INFORMATION ACT WHEREAS, The Freedom of Information Act, Public Act 83-1013, Chapter 116, Paragraph 201 et seq. of the Illinois Revised Statutes bacame effective July 1, 1984; and WHEREAS, the said Freedom of Information Act requires that public bodies establish certain procedures in order to conform with the provisions of the said Act. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows; Section 1: That the "City of McHenry Freedom of Information Act Rules and Regulations" attached hereto and hereby made a part hereof, are hereby adopted and shall be utilized by the City to carry out the provisions of the Freedom of Information Act. Section 2: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. Section 3. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. Section 4. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED this 3rd day of December , 1984 . AYES: Bolger, Busse, Datz, McClatchey, Nolan, Serritella, Smith, Snell NAYS: None ABSENT: None NOT VOTING: None ABSTAINED: None APPROVED this 3rd day of ATTEST: City ler December 19 84• RULES AND REGULATIONS REGARDING THE FREEDOM OF INFORMATION ACT Persons desiring to obtain copies of public records possessed or under the control of the City of McHenry should first review the attached listing of all records possessed or under the control of the City Clerk's Office. Public records possessed or under the control of the City's Police Department must be obtained from the Chief of Police, Patrick J. Joyce. Copies of these records, including computer generated reports, may be obtained by submitting in writing the appropriate request form and paying all associated duplication costs as required pursuant to City Ordinance No. 0—,Fq-_3�a1• Request forms for records possessed or under the control of the City Clerk's Office are available at, and requests are to be submitted to, the City Clerk's Office located at City Hall, 1111-N. Green Street, McHenry, Illinois 60050. Request forms for records possessed or under the control of the Police Department are available at the McHenry Police Department, 1111 N. Green Street, McHenry, Illinois 60050 and are to be submitted to the Chief of Police. TREASURER PUBLIC WORKS DEPARTMENT BLOCK DIAGRAM GIVING FUNCTIONAL SUBDIVISIONS MAYOR AND CITY COUNCIL POLICE DEPARTMENT -2- PARKS & RECREATION CITY CLERK/ COLLECTOR BUILDING & ZONING CITY OF MCHENRY, ILLINOIS BOARDS, OFFICERS, COMMISSIONS, DEPARTMENT HEADS MAYOR'AND CITY COUNCIL Mayor Joseph B. Stanek ALDERMEN 1st Ward William J. Bolger Elizabeth Nolan 2nd Ward Edward Datz William Busse 3rd Ward Raymond Smith Frank McClatchey 4th Ward Cecilia Serritella Gary E. Snell OFFICERS City Clerk Barbara E. Gilpin City Treasurer Jon J. Meyer City Attorney Narusis & Narusis Health Officer August M. Rossetti, M.D. -3- BOARDS AND COMMISSIONS ZONING BOARD OF APPEALS James A. Fouse, Chairman Anna Mae Cuda Philip W. Coatar Robert Jessup Harry Semrow, Jr. Fred Kupstis Donna Tobeck POLICE COMMISSIONERS Anthony C. Pintozzi, Chairman John Albrecht POLICE PENSION BOARD Ronald J. Waytula, President John D. Madl, Secretary George Erkenswick William Stahlman Clerk's Office PLAN COMMISSION Joan Schwegel, Chairman William Buhrman Lynne Donarski Sandra Eckstein Dick Hoover Robert Mortell Earl J. Osmon Donald Toole Thomas Uttich Donald Wedekind William C. Wilson DEPARTMENT HEADS Director, Parks & Recreation Supt. of Public Works Shop Foreman Chief Operator, Sewer Chief Operator, Water Building Inspector Chief of Police -4- BOARD OF HEALTH Dr. August M. Rossetti, M.D. Dr. James R. McMahon, D.D.S. ELECTRICAL COMMISSION Barbara E. Gilpin Peter J. Merkel Paul J. Halvensleben Richard Orton Gene Hester James Wiser Richard Rosing Patrick J. Joyce STATEMENT OF PURPOSE The City of McHenry, McHenry County, Illinois (incorporated May 15, 1923), comprises an area of approximately 7.46 square miles, with a population of 12,049 (1982) and is located approximately 52 miles northwest of Chicago. McHenry is a municipality incorporated and organized under the laws of the State of Illinois for the purpose of providing its residents with the following: Police protection, sewer and water service, parks & recreation, road maintenance, building inspections, general public works administrative services and any other municipal services authorized by law. The approximate amount of the operating budget of the City of McHenry is $4,416,063 and the City employs approximately 64 full time and 76 part-time employees (including summer help for Public Works and Parks and Recreation). The name and location of all City of McHenry offices are as follows: City Hall/Police Department 1111 N. Green Street City Garage/Water Distribution System 105 N. Green Street City Sewerage Treatment Plant 3306 Waukegan Road -5- DEPARTMENTAL INFORMATION City Clerk's Office Ordinances Municipal Code Agreements, Leases, Deeds, Easements, Dedications, Recorded Plats Resolutions Proclamations Annexation Files and Agreements Subdivision Files Council's, Board's and Commission's Meeting Agendas Minutes of Meetings of Various Boards, Commissions and Council Committees Boards' and Commissions' Member Listings Correspondence and Memoranda prepared by Mayor Correspondence and Memoranda received by Mayor Comprehensive Plan Election Information Statistical Reports - Census Planning and Zoning files and cassette tapes on Zoning Hearings Insurance files' Licenses: Vending, Vehicle, Amusement, Hunting, Fishing, Scavenger Taxi -Cab, Video Game Room Flood Control Information Liquor Licenses and Applications Annual Reports Municipal Audits Correspondence and Pleadings on Current Lawsuits DCCA Grant Files Industrial Revenue Bond Files City Property and Vehicles' Lists FCC Licenses Garage Sale Permits Solicitors' Permits Parking Lot Permits Handicapped Parking Permits Parade Permits Solicitors' Permits Highway Funding Programs Sales Tax Information Revenue Sharing Information Insurance Certificates (companies Delinquent Lakeland Park Special Official Bonds County Health Inspection Reports Prevailing Wage Information doing business with City) Assessment Files DEPARTMENTAL INFORMATION City Clerk's Office (continued) Legal Notices - Certificates of Publication Letters of Credit Special Service Area Files Traffic Fines - Computer Lists from County City Historical Records County Dog Licenses County Burial Permits and Death Certificates Noxious Weed Notices & Billings Hospitalization Records - Employees Budgets Paid Bills Vouchers Cancelled Checks List of Accounts and Investments Ledgers, Journals - Accounts Receivable, Accounts Payable Financial Reports and Records on Police Pension, Ill. Municipal Retirement Fund, Revenue Sharing, Motor Fuel Tax, Sales Tax, Property Tax and Income Tax, Developer Donation Fund, Water & Sewer Fund (computer generated), General Fund (computer generated), . Personnel - employment forms, job descriptions, personnel rules and regulations, correspondence and memoranda Employee Time Sheets Payroll (computer generated) Salary Schedules - Employees, Mayor, Aldermen, Zoning Board, Plan Commission, Police Commission, Board of Health Unemployemnt Compensation Records Worker's Compensation Records Water/Sewer Extensions' Files Water/Sewer Pumping Station Records Water/Sewer Grant Records (Community Dev. Block & DCCA) Water/Sewer Eqiupment Purchases Illinois EPA Water/Sewer Construction Permits Water/Sewer Liens and Releases Records Water/Sewer Federal Grant Application Records Lakeland Park &McHenry Shores Water Companies ICC Hearings N.P.D.E.S Sewer Permits U.S.E.P.A. and I.E.P.A. Monthly Reports Water/Sewer Address Sort/Listing (computer generated) Water Meter Books Water/Sewer Billing Register (computer generated) Water/Sewer Account File Cards Water/Sewer Delinquest Account Report (computer generated) Water/Sewer Cash Receipts Journal & Deposits (computer generated) -7- DEPARTMENTAL INFORMATION Parks and Recreation The files listed below generally contain correspondence, memoranda and general information relating to those files and may contain contracts or agreements and some drawings: Basketball League Bike Paths Information Brochure Contents Civic Organizations Dance Classes Donations Employee Miscellaneous Fire Truck at Pearl Street Park Gift Catalog Golf Class Ice Rinks and Sledding Lakeland Park Community House Men's Open Gym Nursery Information Population Profile Runners Club Soccer Federation Softball Swimming Lessons Swim Team T-Ball Tennis Track Umpires Volleyball Injury Reports IPRA (Illinois Parks & Recreation Association) Concession Reports, Tally Sheets Job Descriptions JTPA (Job Training Partnership Act) McHenry County Recreation/Conservation Meeting Minutes Parks' Files and Records: Center Street Park Creekside Park Decker Property Foxridge Park Freund Field Kiwanis Tot Lot Knox Park Lakeland Park Lakeland Park East Beach In DEPARTMENTAL INFORMATION Parks & Recreation (continued) Parks' Files and Records (continued): Lakeland Park West Beach Malibu Playground McHenry Shores Beach Pearl Street Park Petersen Park Beach Petersen Park Rotary Park Walsh Park Whispering Oaks Park Park Maintenance Park Procedures Park Programs Picnic Permits Beer Permits Program Evaluations Purchase Orders Receipt Books Recreation Advisory Reports Registration Procedures School District Information School Facility Program Needs Special Events Files & Records: Alpine Valley Ski Trip Big Wheels Race Bike Hike Brookfield Zoo Field Trip Campout Chicago Cubs Field Trip Chicago Sting Children's Outdoor Theatre Christmas Decorated Bike Contest Easter Egg Hunt Fiesta Days Fishing Derby Halloween Hayrides Kids Dog Show Milwaukee County Zoo Field Trip River Run Roller Skating Skate Exchange Snow Sculpture Contest Tennis Tournament Swimming Pool Passes Swimming Pool Reports Water Samples for Beaches DEPARTMENTAL INFORMATION Building & Zoning Building Permits - Residential Building Permits - Commercial Plans and Specifications relating to Building Permits Violation Notices and Correspondence Maps: Address Subdivisions Flood Plain City Zoning Sidwell Building Code Books Amended Zoning Ordinance BOCA Code Books Public Works Road and Street Maintenance Files F.A.U.S. (Federal Aid Urban System) Projects and Files Sidewalk Maintenance Files Street Sign/Stop Sign Regulations Utility Company Permit Files Snow Removal Data Files MFT Mainatenance Files/Records Street Light Installation/Maintenance Records Traffic Signal Maintenance Agreements Subdivision As -Built Plans/Specifications Subdivision Control Ordinance City Plat Books Public Works Projects/Records I.D.O.T (Illinois Dept. of Transportation) Projects/Records for City Equipment Specifications/Purchase Order Records Vehicle Specifications/Identification Records Public Works Daily Work Reports Public Works Overtime Monthly Reports Public Works Accident/Sickness Reports Personnel Records Street Maps -10- DEPARTMENTAL INFORMATION Public Works (continued) Water Dept. Maintenance Records Water Systems Index Maps/Data Water Sample Reports Water Pumpage Records Water Dept. Purchase Orders Water Breaks Reports Water Meter Installation/Repair Records Water Well Geology Records Well Equipment Records Sewer Index Maps (Sanitary/Storm) Wastewater Treatment Plant & Improvements Records Special City Events Records. Water System Improvement Records Snow Removal/Ice Control Routes Data Vehicle and Equipment Maintenance Records Subdivision and Site Development Files U.S.G.S Quadrangle Maps of McHenry Area Public Property Maintenance/Improvement Records Parks/Projects Maintenance/Improvement Records CITY OF MCHENRY FREEDOM OF INFORMATION ACT RULES AND REGULATIONS Section 1: Summary and Purpose. These rules and regulations are established to implement the provisions of the Freedom of Information Act, Public Act 83-1013, Illinois Revised Statutes, Chapter 116, Paragraph 201, et seq. Section 2: Definitions. Except as otherwise defined herein the terms used herein shall have the same meanings as those set forth in the Freedom of Infor- mation Act, Chapter 116, Paragraph 202. Section 3: Procedure for Requesting Public Records. A. Requests for public records possessed or under the control of the City Clerk's Office, Building & Zoning Department, Public Works Department and Parks and Recreation Department should be submitted to the City Clerk, City of McHenry, 1111 N. Green Street, McHenry, Illinois 60050. Requests for public records possessed or under the control of the City of McHenry Police Department should be submitted to the Chief of Police, McHenry Police Department, 1111 N. Green Street, McHenry, Illinois 60050. B. Form and Content of requests for records. 1. Requests in accordance with the Freedom of Information Act and these Rules and Regulations shall be made in writing on forms provided by the City of McHenry. 2. Oral requests for public records may be honored at the discretion of the City Clerk or Chief of Police for records such as: accident reports, approved minutes of public meetings and City Ordinances. However, the required response times and appeal proce- dures contained in the Freedom of Information Act and these Rules and Regulations do not apply to oral requests. 3. A written request for public records shall contain the following information: RULES & REGULATIONS - FREEDOM OF INFORMATION ACT Page 2. a. The requestor's full name, address and telephone number. b. A brief description of the public records sought, being as specific as possible. c. Whether the request is for inspection of public records, copies of public records or both. d. Whether the copies of the public records requested should be certified. Section 4: Procedures for Response to Requests for Public Records. A. Time Guidelines - The City shall respond to a written request for public records within seven (7) working days after receipt of such request, except when said time is extended pursuant to the provisions of Chapter 116, Paragraph 203 (d). Requests submitted by mail shall be deemed received only upon actual receipt by the City, regardless of postmark or date of mailing. All requests shall be date stamped upon their receipt. B. Types of Responses to Requests for Public Records. 1. The City shall respond to a request for public records in the manner authorized pursuant to the Freedom of Information Act. 2. Upon approval of requests for public records, the City Clerk or Chief of Police may either provide the materials immedi- ately, give notice that the materials shall be made available upon payment of reproduction costs or give notice of the time and place for inspection of records. 3. Extensions of time to respond to requests for records or denial of a request for public records shall be made in writing to the requestor and shall include all information required by the Freedom of Information Act. 4. In determining the applicable time periods for produc- tions of records, notice of extens-ion and notices of denial, the seven (7) or fourteen (14) working day periods shall not include the date the request was initially received. Supplemental, amended or additional requests shall not relate back to the intial time of filing but shall be considered as new requests for purposes of determining all applicable time periods. RULES & REGULATIONS - FREEDOM OF INFORMATION ACT Page 3. 5. If the City Clerk or Chief of Police reasonably believe that the records requested might be for the purpose of furthering a commercial enterprise, the requestor shall be required to supply a further statement or explanation of the purpose for which the production of records is sought, which statement shall be under oath and state that the information sought in such public records will not be used as part of any solicitation on behalf of either a profit or not for profit entity. The applicable time periods for the reproduction of public records shall be measured from the date that such explanatory statement is received by the City. Section 5: Procedures for Appeal of a Denial. Any requestor whose request has been denied by the City Clerk or Chief of Police may appeal the denial to the Mayor, City of McHenry, 1111 N. Green Street, McHenry, Illinois 60050, within 14 days of such denial. The Mayor shall respond to such appeal in the manner provided in Chapter 116, Paragraph 210. Failure to respond within seven (7) working days may be considered by the requestor to be an affirmation of the denial of the request for public records. Section 6: Procedures for Providing Public Records to Requestors. A. Inspection of Records. 1. Public records will be made available for inspection dur- ing the hours of 9:00 A.M. to 4:00 P.M., Monday through Fridays, except holidays, at the City Clerk's Office or Police Department, wherein the records are located. No original records may be removed from City Offices at any time. However, inspection of an employee's personnel records by that employee or his representative shall be governed by the provisions of Public Act 83-1104, Chapter 48, Para- graph 2001, et seq., Illinois Revised Statutes. 2. Documents which the requestor wishes to have copied shall be specifically identified and segregated during the course of in- spection. An employee of the City may be present throughout the inspection to preserve the integrity of such records. B. Copies of Public Records. 1. All copies of public records shall be made by City employees or their authorized agents. Copies of public records shall be provided to the requestor only upon payment of all charges which are due. The City may require payment before the copies are made. RULES & REGULATIONS - FREEDOM OF INFORMATION ACT Page 4. 2. No charges shall be imposed if the requestor is a public body or a person in an official capacity as an officer of that public body or if such furnishing could be considered as primarily benefitting the general public. 3. Copies of records requested will be available for pick-up at the City Clerk's Office or Police Department. Copies of public records will be mailed to a requestor only upon the requestor depositing with the City, in advance, all postage and copying charges associated with the request. 4. No requestor shall be permitted to use City of McHenry equipment or search through City files, records or storage areas. 5. Charges for copies of records shall be as follows; TYPE OF DUPLICATION PER COPY CHARGE Paper copy from paper original: 8 1/2 X 11 $.20 per page 8 1/2 X 14 $.25 per page Computer print-out paper $.45 per page Maps or Plats (maximum size avail. 11 X 17) $.35 per page Certification of Public Records $1.00 Charges for City records in book or pamphlet form shall be assessed for such materials based upon the cost of such materials incurred by the City. Copying of any materials that require outside duplication shall be charged at a rate based upon the cost of such copying or reproduction.