Topic: | FOIA |
Subtopic: | Implementation and Procedures |
Date: | 8/28/2015 |
Status: | Active |
WHEREAS, the Illinois Freedom of Information Act (FOIA) requires establishment of procedures for access by the public to records of the Illinois Municipal Retirement Fund; and
WHEREAS, the Board of Trustees of the Illinois Municipal Retirement Fund, as fiduciaries of a governmental pension fund, believe that the Fund’s records should be available at reasonable times for public inspection, to the extent that disclosure does not violate individual privacy; and
WHEREAS, the Board of Trustees has previously adopted Resolution 2010-11-13, which establishes procedures for the implementation of FOIA by IMRF; and
WHEREAS, it is appropriate that Resolution 2010-11-13 be rescinded and replaced by the following procedures.
THEREFORE, it is hereby RESOLVED that the Board of Trustees adopts the following procedures to implement the Illinois Freedom of Information Act and to govern disclosure of the records of the Illinois Municipal Retirement Fund:
1. Records Subject to Public Inspection
All IMRF records shall be subject to public inspection except:
- Individual member files privileged under section 7-197 of the Illinois Pension Code
- Any records held by the Fund that are exempt from disclosure under FOIA
2. Persons Entitled to Inspect Records
All persons shall be entitled to inspect IMRF records.
3. Hours of Inspection
Records shall be available for inspection at the Fund’s offices between 8:30 A.M. and 4:30 P.M. on days when the Fund is open for business.
4. Employee to Whom Requests Should be Directed
Legislative Liaison/Freedom of Information Officer
Illinois Municipal Retirement Fund
2211 York Road Suite 500
Oak Brook, Illinois 60523
5. Inspection and Disclosure Procedures
- Persons appearing at the IMRF offices will be afforded the right to inspect original records upon oral or written request. The records will be furnished as soon as reasonably possible unless the requested records require substantial file research or a significant number of records are requested. In this event, the person will be informed when the records will be available for inspection or when copies can be mailed.
- Records requested for non-commercial purposes will be furnished within 5 business days (or 10 business days if an extension is required and notification to the requestor is given within the original 5 days), unless such request is deemed a “recurrent” or “voluminous” request, as those terms are defined by FOIA.
- A response for requests for records to be used for commercial purposes [as defined at FOIA section 2 (c-10)] will be furnished within 21 business days. That response will either: a) provide an estimate of the time required to provide the records requested and an estimate of the fees to be charged; or 2) deny the request; or 3) notify the requestor the request is unduly burdensome and extend an opportunity to reduce the request to manageable proportions; or 4) provide the records requested.
- Upon payment of the published fees, copies of the requested records will be provided.
- The required fees must be paid before the copies are made.
- Copies will be made by staff personnel and the person inspecting records shall not be entitled to make the copies.
6. Fees
- First 50 hard copy pages: no fee
- Additional pages over 50: 15 cents for each copy page (black and white, letter or legal-sized copies only)
- Electronic copies via email or on electronic media provided by the requester: no fee
- All other copies will be charged at the actual cost to IMRF to make the copies (color copies, CD, etc.)
- Copy fee is waived for requests made by a member of the news media, non-profit public service organization or other organization who is requesting the information in the public interest.
- A request is deemed to be “in the public interest” if the main purpose of the request is to use and provide such information to advance the health, safety, welfare or legal rights of the general public and is not for the personal or commercial benefit of the requester.
- The requester must state the specific purpose of the request and indicate that the request is in the public interest in order to receive a fee waiver
- Copy fee may be waived by Executive Director for good cause shown in other instances
- Labor fees (commercial requests only): $10 per hour for searching for and retrieving requested records for each hour after the first 8 hours.
- Retrieval fees (commercial requests only): Actual cost of retrieving and transporting records from an offsite storage company
7. Denial Procedures
- If the request for records for non-commercial purposes is denied, written notice shall be given to the requestor within 5 business days or (if extended by written notice) within 10 business days and with the details required by section 9 of FOIA.
- Denials of requests for records to be used for commercial purposes will be provided in writing within 21 business days after receipt of the request.
8. Appeal Procedures
Appeal from denials of requests for records under FOIA may be appealed to the Circuit Court of DuPage County.