EXHIBIT A LAPEER DISTRICT LIBRARY FREEDOM OF INFORMATION ACT (FOIA) PROCEDURES & GUIDELINES Effective July 1, 2015 The fllwing Freedm f Infrmatin Act Prcedures & Guidelines ( Prcedures & Guidelines ) are established pursuant t Reslutin N., adpted by the Library Bard f Lapeer District Library ( Library ) n June 18 th, 2015. In additin, the Library Bard shall create, and make publicly available, a written public summary f the specific prcedures and guidelines relevant t the general public regarding hw t submit written requests t the Library and explaining hw t understand the Library s written respnses, depsit requirements, fee calculatins, and avenues fr challenge and appeal. The Library will pst the Prcedures & Guidelines and the written public summary n the Library s website at www.library.lapeer.rg. SECTION 1 - DEFINITIONS Act: FOIA Crdinatr: Persn: Public Recrd: Library: Unusual Circumstances: The Michigan Freedm f Infrmatin Act, Act N. 442 f the Public Acts f 1976, as amended. The Library Directr, as designated by the Library Bard pursuant t Sectin 6(1) f the Act, and any ther individual designated by the Library Directr pursuant t Sectin 6(3) f the Act t act n the Library s behalf in accepting and prcessing requests fr the Library s public recrds and in apprving a denial under Sectin 5 f the Act. An individual, crpratin, limited liability cmpany, partnership, firm, rganizatin, assciatin, gvernmental entity, r ther legal entity. Persn des nt include an individual serving a sentence f imprisnment in a state r cunty crrectinal facility in Michigan r any ther state, r in a federal crrectinal facility. A writing which is prepared, wned, used, in the pssessin f, r retained by the Library in the perfrmance f an fficial functin frm the time it is created and as therwise defined by the Act. Public recrd des nt include cmputer sftware. Lapeer District Library and its bards and cmmittees. The need t search fr, cllect, r apprpriately examine r review a vluminus amunt f separate and distinct recrds pursuant t a single request r the need t cllect public recrds frm numerus lcatins apart frm the ffice receiving r prcessing the request. {13012-001-00042616.1}
Where nt therwise defined, the wrds and phrases cntained in this Prcedures & Guidelines shall have the meaning given t them, if any, by the Act. SECTION 2 - RIGHT TO RECORDS A persn has the right t review public recrd(s) frm the Library as prvided in the Act. The request must be in writing and sufficiently describe the public recrd t enable the FOIA Crdinatr t identify the requested public recrd. A persn has the right t inspect a public recrd, r receive cpies f a requested public recrd, unless exempted by law r curt rder. Upn written request, a persn will be prvided with a reasnable pprtunity t inspect the public recrds prvided by the Library. Inspectin f public recrds shall ccur nly between the hurs f 8 a.m. and 5 p.m., Mnday thrugh Friday, at the Library Building, unless therwise agreed by the FOIA Crdinatr in his r her sle discretin. Persns with special needs shuld cntact the FOIA Crdinatr befrehand t ensure that arrangements fr special needs r reasnable facilities are prepared. The Library Bard may make reasnable rules necessary t prtect its public recrds and t prevent excessive and unreasnable interference with the discharge f its functins. When inspecting public recrds, a persn shall nt write n, alter, deface, r therwise place any mark n a public recrd. The Library shall prtect public recrds frm lss, remval, unauthrized alteratin, mutilatin, r destructin. The Library may require the necessary cpying f a public recrd fr inspectin in certain instances such as t allw fr the redactin f exempt infrmatin, t prtect ld r delicate riginal recrds, r because the riginal public recrd is a digital file r database nt available fr public inspectin. In such instances, the Library may require the requesting persn t pay fees fr such cpying prir t inspectin. A persn may request that cpies f a public recrd be prvided subject t the payment f fees as prvided in Sectin 4 f these Prcedures & Guidelines and Sectin 4 f the Act. A persn has the right t subscribe t future issuances f public recrds that are created, issued, r disseminated by the Library n a regular basis. A subscriptin shall be valid up t six mnths, at the request f the subscriber, and shall be renewable. SECTION 3 RIGHTS AND OBLIGATIONS OF THE LIBRARY The Library shall prcess all written requests fr a public recrd frm a persn. A request must sufficiently describe a public recrd s as t enable the FOIA Crdinatr t identify and find the requested public recrd. If a verbal request is made fr infrmatin that a Library emplyee believes is available n its website, the emplyee shall, where practicable and t the best f the emplyee s knwledge, infrm the requesting party abut the Library s website address. If a request has nt been made in writing, the FOIA Crdinatr may, but is nt bligated t, have the persn cmplete the request frm (see FOIA request frm, Attachment A). Except as prvided herein, the Library will nt prcess a request fr public recrds unless the request is in writing. The Library shall nt deliver a cpy f a public recrd r make a public recrd available t the requesting persn until payment f the fees established under Sectin 4 f these Prcedures & Guidelines and Sectin 4 f the Act. If the Library delivers a cpy r makes a 2
public recrd available and the requesting persn has nt made payment at the time, the Library shall be entitled t cllect payment frm the requesting persn by any legal means. The FOIA Crdinatr will prvide a certified cpy f a public recrd if a persn s requests in writing. The Act des nt require the Library r the FOIA Crdinatr t make a cmpilatin, summary, reprt f infrmatin, r create a new public recrd. Neither the Library nr the FOIA Crdinatr is bligated t prvide answers t ral r written questins. Unless a persn requires the Library t prvide cpies t the persn, the Library may allw fr inspectin f public recrds. The FOIA Crdinatr shall keep a cpy f all written requests n file fr nt less than ne year. Whenever cpies are made fr a requesting party under FOIA, the FOIA Crdinatr shall make and keep fr its files ne extra set f cpies theref, in case it is necessary later t prve exactly which cpies were made and given t the requesting party. Such extra set f cpies shall be kept by the FOIA Crdinatr fr at least ne (1) year. There shall be n charge r fee t the requesting party fr such extra set f cpies kept by the FOIA Crdinatr. SECTION 4 FEES AND DEPOSITS The Library Bard shall adpt, by reslutin, a schedule f fees fr prcessing FOIA requests and fr prviding cpies f public recrds in accrdance with the Act. All FOIA requests submitted pursuant t the Act shall be subject t the fees adpted by the Library Bard, except any fees as therwise prvided by law. All fees fr respnding t written FOIA requests shall be itemized in detail n Attachment B (Detailed Cst Itemizatin). The Library will use the mst ecnmical means available fr making cpies f public recrds. The FOIA Crdinatr will require that payment be made in full fr the allwable fees fr prcessing and respnding t a FOIA request befre the public recrd is made available. The FOIA Crdinatr may waive a fee r reduce a fee if it is determined that a waiver r reductin f the fee is in the public interest because searching fr r furnishing cpies f the public recrd can be cnsidered as primarily benefiting the general public. The Library may charge fr the fllwing six categries f csts assciated with prcessing a FOIA request: 1) Labr csts directly assciated with searching fr, lcating and examining a requested public recrd, as prvided in Sectin 4(1)(a) f the Act; 2) Labr csts directly assciated with a review f a recrd t separate and delete infrmatin exempt frm disclsure frm infrmatin which is nt exempt frm disclsure, as prvided in Sectin 4(1)(b) f the Act; 3) The actual and mst reasnably ecnmical csts f cmputer discs, cmputer tapes, r ther digital r similar media, as prvided in Sectin 4(1)(c) f the Act; 3
4) The actual ttal incremental cst f duplicatin r publicatin, nt including labr, f paper cpies f public recrds, as prvided in Sectin 4(1)(d) f the Act; 5) The cst f labr directly assciated with duplicatin r publicatin, including making paper cpies, making digital cpies, r transferring digital public recrds t be given t the requesting persn n nn-paper physical media r thrugh the Internet r ther electrnic means as stipulated by the requesting persn as prvided in Sectin 4(1)(e) f the Act; and 6) The actual cst f mailing fr sending a public recrd in a reasnably ecnmical and justifiable manner as prvided in Sectin 4(1)(f) f the Act. Labr csts will be calculated based n the fllwing requirements: All labr csts will be estimated and charged in 15 minute increments with all partial time increments runded dwn. If the time invlved is less than 15 minutes, there will be n labr charge. Charges fr labr csts will be determined by using the hurly wages f the lwest paid public bdy emplyee capable f perfrming the wrk in the particular instance regardless f wh actually perfrmed the labr, as prvided in the Act. Overtime wages will nt be included in labr csts unless agreed t by the requesting persn and the vertime wages are clearly nted n the Detailed Cst Itemizatin (Attachment B). Labr csts will include a charge t cver r partially cver the cst f fringe benefits. The Library may add up t 50% t the applicable labr charge amunt t cver r partially cver the cst f fringe benefits if it clearly ntes the percentage multiplier n the Detailed Cst Itemizatin (Attachment B) but in n case shall the Library charge mre than the actual cst f fringe benefits. If the Library includes the website address fr a public recrd in its written respnse t the requesting persn and the requesting persn thereafter requests that the public recrd be prvided t him r her in a paper frmat r nn-paper physical media, the Library shall prvide the public recrds in the specified frmat but may use a fringe benefit multiplier greater than 50% nt t exceed the actual csts f prviding the infrmatin in the specified frmat as prvided in Sectin 4(5) f the Act. Overtime csts will nt be used t calculate the fringe benefit cst. Any public recrds available t the general public n the Library s website at the time a request is made are exempt frm charges fr labr csts fr separating and deleting f exempt infrmatin. The Library shall nt charge fr labr directly assciated with redactin under Sectin 14 f the Act if the Library knws r has reasn t knw that it previusly redacted the public recrd in questin and the redacted versin is still in the Library s pssessin. 4
The cst t prvide paper cpies f recrds will be based n the fllwing requirements: The cst f paper cpies will be calculated as a ttal cst per sheet f paper and shall be itemized n Detailed Cst Itemizatin (Attachment B). The cst f paper cpies f public recrds made n standard letter size (8-1/2 by 11 ) r legal size (8-1/2 by 14 ) paper will be $0.10 per sheet f paper. Cpies fr nn-standard r legal size sheets f paper will reflect actual cst f duplicatin. The Library shall utilize the mst ecnmical means available fr making cpies f public recrds, including using duble-sided printing, if cst saving and available. The cst t prvide recrds n nn-paper physical media when stipulated by the requesting persn will be based n the fllwing requirements: Cmputer discs, cmputer tapes r ther digital r similar media will be at actual and mst reasnably ecnmical cst fr the nn-paper media. The requirement t prvide recrds n nn-paper physical media will nt apply if the Library lacks the technlgical capability necessary t prvide the public recrd n the nn-paper physical media stipulated in the particular instance. In rder t ensure the integrity and security f the Library s technlgical infrastructure, the Library will prcure any requested nn-paper media and will nt accept nn-paper media frm the requesting persn. The cst t mail recrds t a requesting persn will be based n the fllwing requirements: The actual cst t mail cpies f public recrds using a reasnably ecnmical and justified means. The Library will nt charge fr expedited shipping r insurance unless specifically stipulated by the requesting persn but the Library may charge the least expensive frm f pstal delivery cnfirmatin. The FOIA Crdinatr will nly charge a fee fr the cst invlved with searching fr, examining, r reviewing a public recrd, and the deletin and separatin f exempt frm nnexempt infrmatin, when such activities will result in an unreasnably high cst t the Library, as determined by the FOIA Crdinatr. The fee may include the cst f labr fr searching fr, examining, r reviewing a public recrd, and the deletin and separatin f exempt frm nnexempt infrmatin, in respnse t a request fr the inspectin f a public recrd r a request fr cpies f a public recrd as permitted by FOIA. In determining what is an unreasnably high cst t the Library, the FOIA Crdinatr shall cnsider the fllwing factrs n a case-by-case basis: Vlume f public recrds requested; The time frame fr the public recrds requested; Cmplexity f searching fr, examining, reviewing a public recrd, and the deletin and separatin f exempt frm nn-exempt infrmatin; 5
The need t search fr, examine, and review public recrds frm different departments r ffices f the Library; The anticipated hurs f labr; The available staffing fr respnding t the request; The extent t which the particular request incurs csts greater than the csts incurred fr the typical r usual request received by the Library. Any ther similar factrs designated as applicable by the FOIA Crdinatr. A public recrd search shall be made and a cpy shall be furnished withut the charge fr the first $20.00 f the fee fr each request by either f the fllwing: An individual wh submits an affidavit stating that the persn is indigent and receiving specific public assistance r, if nt receiving specific public assistance, stating facts shwing an inability t pay the cst because f indigency. If the requesting persn is eligible fr a requested discunt, the FOIA Crdinatr shall fully nte the discunt n the detailed itemizatin described in the Detailed Cst Itemizatin (Attachment B). If a requesting persn is ineligible fr the discunt, the FOIA Crdinatr shall infrm the requesting persn specifically f the reasn fr ineligibility in the FOIA Crdinatr s written respnse. An individual is ineligible fr this fee reductin if any f the fllwing apply: The individual has previusly received discunted cpies f public recrds frm the Library twice during that calendar year. The individual requests the infrmatin in cnjunctin with utside parties wh are ffering r prviding payment r ther remuneratin t the individual t make the request. The FOIA Crdinatr may require a statement by the requesting persn in the affidavit that the request is nt being made in cnjunctin with utside parties in exchange fr payment r ther remuneratin. A nnprfit rganizatin frmally designated by the State f Michigan t carry ut activities under subtitle C f the Develpmental Disabilities Assistance and Bill f Rights Act f 2000, Public Law 106-402, and the Prtectin and Advcacy fr Individuals with Mental Illness Act, Public Law 99-319, r their successrs, if the request: Is made directly n behalf f the rganizatin r its clients; Is made fr a reasn whlly cnsistent with the missin and prvisins f thse laws under sectin 931 f the Mental Health Cde, 1974 PA 258, MCL 330.1931; and Is accmpanied by dcumentatin f its designatin by the State f Michigan, if requested by the FOIA Crdinatr. 6
In either the Library s initial respnse r subsequent respnse t a FOIA request under Sectin 5(2)(d) f the Act, the Library may require a gd-faith depsit frm the requesting persn befre prviding the public recrds if the entire fee estimate r charge authrized under Sectin 4 f the Act exceeds $50, based n a gd-faith calculatin f the ttal fee. The depsit shall nt exceed ½ f the ttal estimated fee, and the Library s request fr a depsit shall include a detailed itemizatin n the Detailed Cst Itemizatin (Attachment B). The Library s respnse shall als cntain a best effrts estimate by the Library regarding the time frame it will take the Library t cmply with the Act in prviding the public recrds t the requesting party. If the Library des nt respnd in a timely manner as described in sectin 5(2) f the Act, it is nt relieved frm its requirements t prvide prper fee calculatins and time frame estimates in any tardy respnses. If the Library has nt been paid in full the ttal fees fr cpies f public recrds that the Library has made available t an individual, the Library may require a depsit f up t 100% f the estimated fee befre the FOIA Crdinatr begins a full public recrd search fr any subsequent written request frm that individual if all f the fllwing apply: The final fee fr the prir written request was nt mre than 105% f the estimated fee. The public recrds made available cntained the infrmatin being sught in the prir written request and are still in the Library s pssessin. The public recrds were made available t the individual, subject t payment, within the time frame estimate described in the prir request. Ninety (90) days have passed since the Library ntified the individual in writing that the public recrds were available fr pickup r mailing. The individual is unable t shw prf f prir payment t the Library. The FOIA Crdinatr calculates a detailed itemizatin n Attachment B (Detailed Cst Itemizatin) that is the basis f the current written requests increased fee depsit. The Library will n lnger require an increased estimated fee depsit frm an individual as prvided abve if any f the fllwing apply: The individual is able t shw prf f prir payment in full t the Library. The Library is subsequently paid in full fr the applicable prir written request. 365 days have passed since the individual made the written request fr which full payment was nt remitted t the Library. The Library has limited in-huse capabilities fr cpying phtgraphs, audi r vide tapes, micrfrms, maps, r plans. If a persn requests that cpies be made f these r large dcuments which must be cpied ff-site, the FOIA Crdinatr will determine and assess thse csts. If an fficer r emplyee f the Library is required t deliver and/r pick up the public recrds and/r cpies f public recrds, the labr hurs spent and applicable mileage (at Library rates) will als be applied t the charges f the persn(s) requesting the public recrds. 7
If the Library des nt emply a persn r firm capable f separating and deleting exempt frm nn-exempt infrmatin, the Library may use cntracted persns r firms t perfrm this task. In such case, the Library may treat the necessary cntract labr csts in the same manner as emplyee labr csts if the FOIA Crdinatr clearly ntes the name f the cntracted persn r firm in Attachment B (Detailed Cst Itemizatin) prvided that the ttal cntracted labr csts will nt exceed six (6) times the State f Michigan hurly minimum wage. Cntracted persns r firms may include attrneys wh are required t separate and delete exempt frm nn-exempt infrmatin. Charges fr labr csts shall be reduced by 5% fr each day that the Library exceeds the time permitted in respnding t a FOIA request under Sectin 5(2) f the Act, up t a 50% maximum reductin, if either f the fllwing applies: The late respnse was willful and intentinal; r The written request, within the first 250 wrds f the bdy f a letter, facsimile, electrnic mail, r electrnic mail attachment, r specifically included the wrds, characters, r abbreviatins fr freedm f infrmatin, infrmatin, FOIA, cpy r a recgnizable misspelling f such, r legal cde reference t MCL 15.231 et seq. r 1976 Public Act 442 n the frnt f an envelpe r in the subject line f an email, letter, r facsimile cver page. If such a reductin is required fr a late respnse, the FOIA Crdinatr shall fully nte the reductin n Attachment B (Detailed Cst Itemizatin). The FOIA Crdinatr shall nt charge additinal fees fr certificatin f any cpies. A persn wh has subscribed t future issuances f regularly published public recrds pursuant t Sectin 3(1) f the Act may request that the public recrd, be sent t them r they may be called fr pickup f the public recrd prvided, hwever, that cpy fees and mailing charges fr such public recrds must be paid befre the requested public recrd is sent r picked up by the persn. SECTION 5 PROCEDURES OF THE PUBLIC BODY IN PROCESSING A FOIA REQUEST After a persn has made a written request fr a public recrd in accrdance with the Act, the FOIA Crdinatr shall respnd within five (5) business days after its receipt. A written request made by facsimile, electrnic mail, r ther electrnic transmissin is nt cnsidered received by the FOIA Crdinatr until ne (1) business day after the electrnic transmissin is made, as prvided in the Act. A written request sent by email and delivered t the Library s spam r junk flder is nt cnsidered received by the Library until ne (1) day after it first becmes aware f the written request. The Library will nte in its recrds bth the time a written request is delivered t its spam r junk mail flder and the time that it first becmes aware f that request. A persn making a written request fr a public recrd may stipulate that the public recrds be prvided n nn-paper physical media, electrnically mailed, r therwise electrnically prvided t him r her in lieu f paper cpies. This requirement shall nt apply if 8
the Library lacks the technlgical capability necessary t prvide recrds n the particular nnpaper physical media stipulated in the particular instance. If public recrds are prvided n nnpaper physical media, electrnically mailed r therwise electrnically prvided in lieu f paper cpies as stipulated by the persn making the request, the Library may charge mre than the 50% fringe benefit multiplier (nt t exceed actual cst) as prvided in Sectin 4(5) f the Act. If a verbal request is made fr infrmatin that a Library emplyee believes is available n its website, the emplyee shall, where practicable and t the best f the emplyee s knwledge, infrm the requesting party abut the Library s website address. Where a written request is received which des nt sufficiently describe the public recrds requested s as t enable the FOIA Crdinatr t identify and find the public recrd, FOIA Crdinatr will ntify the requesting persn f the need fr a clarificatin. Such ntice, if sent, shall nt be interpreted as a denial f the request fr purpses f the Act r these Prcedures & Guidelines. Any clarificatin will be cnsidered a new FOIA request subject t the timelines described in this Sectin and the Act. The FOIA Crdinatr will prcess written requests fr a public recrd by respnding within five (5) business days f receipt in ne f the fllwing five ways: 1) Grant the request. If the request indicates that the persn desires t inspect the public recrds, the FOIA Crdinatr will cntact the persn t arrange fr inspectin at a reasnable time during nrmal ffice hurs. If the request indicates that the persn is requesting cpies f a public recrd, the FOIA Crdinatr will frward ntificatin t the requesting persn indicating the amunt due and where the dcuments may be released upn payment f the applicable fees. Hwever, if the request is estimated t generate entire fees f $50 r mre, the FOIA Crdinatr may require fifty percent (50%) f the estimated charges be depsited in advance f the prcessing f the request prvided, hwever, that in the request fr the depsit, the FOIA Crdinatr shall include a detailed itemizatin f the estimated fees (using Attachment B/Detailed Cst Itemizatin) and a best effrts estimate f a nnbinding time frame fr prviding the public recrds. The FOIA Crdinatr will nt prcess the request unless and until the depsit is made. The balance f the fees must be paid prir t release f dcuments. 2) Issue a written ntice denying the request. The FOIA Crdinatr may use the frm attached as Attachment D fr this purpse. The ntice f the denial shall include: an explanatin as t why the requested public recrd is exempt frm disclsure in accrdance with the Act, r a certificate that the requested public recrd des nt exist under the name given by the requesting persn r by anther name reasnably knwn t the Library, r a descriptin f a public recrd r infrmatin which had t be separated 9
r deleted frm the public recrd pursuant t Sectin 14 f the Act. In additin t the explanatins nted abve, the denial shall als include a full explanatin f the persn's right t appeal the denial t the Library Bard and t seek judicial review in accrdance with Sectin 10 f the Act. 3) Grant the request in part, and issue a written ntice denying the request in part. In the latter instance, the public recrds exempted frm disclsure shall be treated as in subsectin (2) abve. 4) Issue a written ntice extending the time in which t respnd t the request by ten (10) business days. The FOIA Crdinatr may use the frm attached as Attachment C fr this purpse. The ntice will specify the reasns fr the extensin and the date by which the Library will grant the request, deny the request, r grant in part and deny in part the request. The Library shall nt issue mre than ne such ntice f extensin fr a particular request. 5) Issue a written ntice indicating that all r a prtin f a requested public recrd is available at n charge n the Library s website. T the degree practicable, the written respnse shall include a specific webpage address where the requested infrmatin is available. On Attachment B (Detailed Cst Itemizatin), the FOIA Crdinatr shall separate the requested public recrds that are available n the Library s website frm thse that are nt available n the website and shall infrm the requesting party f the additinal charge t receive cpies f the public recrds that are available n its website. If the Library has included the website address fr a public recrd in its written respnse t the requesting persn and the requesting persn thereafter stipulates that the public recrd be prvided t him r her in a paper frmat r nn-paper physical media, the Library shall prvide the public recrds in the specified frmat but may use a fringe benefit multiplier greater than 50% nt t exceed the actual csts f prviding the infrmatin in the specified frmat as prvided in Sectin 4(5) f the Act. Failure t respnd t a written request in a timely manner as required by Sectin 5(2) f the Act cnstitutes a denial f the request if either f the fllwing apply: The failure was willful and intentinal; r the written request included language that cnveyed a request fr infrmatin within the first 250 wrds f the bdy f a letter, facsimile, electrnic mail, r electrnic mail attachment, r specifically included the wrds, characters, r abbreviatins fr freedm f infrmatin, infrmatin, FOIA, cpy, r a recgnizable misspelling f such, r apprpriate legal cde reference t the Act, n the frnt f an envelpe r in the subject line f an electrnic mail, letter, r facsimile cver page. A cpy f these Prcedures & Guidelines and the written public summary f these Prcedures & Guidelines shall be furnished free f charge t the requesting party in respnse t a written FOIA request and upn request by visitrs at the Library administrative ffices, the Marguerite deangeli Library Building, and ther Library branches. In lieu f prviding paper 10
cpies f the Prcedures & Guidelines and the written public summary theref in respnse t a written FOIA request, the FOIA Crdinatr may include the Library website link t the Prcedures & Guidelines and the written public summary f the Prcedures & Guidelines. SECTION 6 PROCEDURES FOR SEPARATION OF RECORDS If a request is made fr an existing public recrd that includes infrmatin which is exempt frm disclsure under the Act and infrmatin which is nt exempt, the FOIA Crdinatr must separate the material and make the nnexempt material available fr inspectin and cpying. As prvided in Sectin 4 f these Prcedures & Guidelines, the FOIA Crdinatr may use cntracted persns r firms t separate and delete exempt frm nn-exempt infrmatin if the Library des nt emply a persn r firm capable f perfrming this task. Additinally, if the separatin is readily apparent t a persn requesting t inspect r receive cpies, the FOIA Crdinatr shall generally describe the material exempted unless ding s wuld reveal the cntents f the exempt infrmatin and thus defeat the purpse f the exemptin. SECTION 7 FOIA COORDINATOR The FOIA Crdinatr shall be respnsible t accept and prcess requests fr public recrds and apprve denials in accrdance with Sectins 5(4) and (5) f the Act. SECTION 8 APPEALS-DENIALS In accrdance with the Act, where a persn's request fr a public recrd is denied, in whle r in part, the persn shall be entitled t file a written appeal n the decisin in accrdance with the fllwing prcess: The persn shall be advised by the FOIA Crdinatr f the right t file a written appeal t the Library Bard as the head f the public bdy which shall specifically state the wrd "appeal" and identify the reasn(s) fr reversal f the denial. The persn making the appeal may use the frm attached as Attachment E. The Library Bard is nt cnsidered t have received a written appeal until the first regularly scheduled meeting f the Library Bard fllwing submissin f the written appeal. In its cnsideratin f any written appeal, the Library Bard shall review the materials submitted by the appellant, any written cmments received frm the FOIA Crdinatr, any ther infrmatin as the Library Bard deems necessary, and within ten (10) business days after receiving the written appeal as prvided abve, take ne f the fllwing actins: reverse the disclsure denial, r issue a written ntice t the requesting persn uphlding the disclsure denial, r reverse the disclsure denial in part and issue a written ntice t the requesting persn uphlding the denial in part, r 11
under unusual circumstances, issue a ntice extending fr nt mre than ten (10) business days the perid during which the Library Bard will respnd t the written appeal. The Library Bard shall nt issue mre than ne ntice f extensin fr a particular written appeal. Whether r nt a persn has submitted an appeal under this Sectin, the persn may chse t cmmence an actin in the Circuit Curt t cmpel the Library s disclsure f public recrds as prvided in Sectin 10 f the Act. SECTION 9-APPEALS-FEES If a requesting persn believes that the Library is requiring a fee that exceeds the amunt permitted under these Prcedures & Guidelines r Sectin 4 f the Act, the requesting persn may submit t the Library Bard as the head f the public bdy a written appeal fr a fee reductin that specifically states the wrd appeal and identifies hw the required fee exceeds the amunt permitted. The persn making the appeal may use the frm attached as Attachment F. The Library Bard is nt cnsidered t have received a written appeal until the first regularly scheduled meeting f the Library Bard fllwing submissin f the written appeal. Within 10 business days after receiving a written appeal challenging fees, the Library Bard shall d ne f the fllwing: Waive the fee. Reduce the fee and issue a written determinatin t the requesting persn indicating the specific basis under Sectin 4 f the Act that supprts the remaining fee. The determinatin shall include a certificatin frm the Library Bard that the statements in the determinatin are accurate and that the reduced fee amunt cmplies with these Prcedures & Guidelines and Sectin 4 f the Act. Uphld the fee and issue a written determinatin t the requesting persn indicating the specific basis under Sectin 4 f the Act that supprts the required fee. The determinatin shall include a certificatin frm the Library Bard that the statements in the determinatin are accurate and that the fee amunt cmplies with these Prcedures & Guidelines and Sectin 4 f the Act. Issue a ntice extending fr nt mre than 10 business days the perid during which the Library Bard must respnd t the written appeal. The ntice f extensin shall include a detailed reasn r reasns why the extensin is necessary. The Library Bard shall nt issue mre than 1 ntice f extensin fr a particular written appeal. Within 45 days after receiving ntice f the Library Bard s determinatin f an appeal regarding fees under this Sectin r the Library Bard s failure t act timely n the appeal as required by Sectin 10a(2) f the Act, the persn wh filed the appeal may cmmence a civil actin as prvided in Sectin 10a f the Act. If a civil actin is cmmenced against the Library under this Sectin, the Library is nt bligated t cmplete the prcessing f the written request fr the public recrd at issue until the curt reslves the fee dispute. 12
As used in this Sectin, fee means the ttal fee r any cmpnent f the ttal fee calculated under Sectin 4 f the Act, including any depsit. SECTION 10-INTERPETATION AND EFFECTIVE DATE These Prcedures & Guidelines are intended t fully cmply with the Act. In the event f any inadvertent incnsistency between the Act and these Prcedures & Guidelines, the Act shall cntrl. These Prcedures & Guidelines shall becme effective as f July 1, 2015. SECTION 11 FORMS The fllwing frms attached heret are incrprated int these Prcedures & Guidelines: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F FOIA Request fr Public Recrds Frm Detailed Cst Itemizatin Ntice t Extend Time fr a FOIA Request Ntice f Denial f FOIA Request FOIA Appeal Frm-T Appeal f a Denial f Recrds FOIA Appeal Frm-T Appeal an Excess Fee The FOIA Crdinatr may use the frms in substantially the frm attached as Attachments A thrugh F in prcessing FOIA requests. The FOIA Crdinatr may mdify the frms attached as Attachments A thrugh F as necessary r apprpriate t cnfrm the frms t these Prcedures & Guidelines r the Act r t therwise imprve the frms fr use by the FOIA Crdinatr and the public. 13