Section 3100.40  Procedures for Council Response to Requests for Public Records

a)         Timeline for Council Response

1)         The Council shall respond to a written request for inspection or copying of public records within 7 working days after receipt of the request.

2)         The Council may give notice of an extension of time to respond that does not exceed an additional 7 working days.  An extension is allowable only if written notice is provided within the original 7 working day time limit and only for reasons provided in Section 3(d) of FOIA.   Notice of extension shall state the reasons the extension is necessary.

b)         Types of Council Responses

1)         The Council shall respond to a request for inspection or copying of public records in one of three ways:

A)        Approve the request;

B)        Approve in part and deny in part;

C)        Deny the request.

2)         Upon approval of a request for inspection or copying of public records, the Council may either make available the materials, 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)         A denial of a request shall be made in writing.  It shall state the reasons for the denial in accordance with either Section 3(f) or Section 7 of FOIA and the names and titles of individuals responsible for the decision.  It shall also give notice of the requester's right to appeal to the Chairperson of the Council.

4)         Categorical requests creating an undue burden upon the Council shall be denied only after extending to the requester an opportunity to confer with the Council in an attempt to reduce the request to manageable proportions in accordance with Section 3(f) of FOIA.

5)         Failure to respond to a written request within 7 working days may be considered by the requester as a denial of the request.