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Introduction
to Freedom of Information Act (FOIA)
Under
the Illinois Freedom of Information Act (5 ILCS 140), records in possession of
public agencies may be accessed by the public upon written request. Pursuant to
Section 2 (c) of the Act, a public record is any documentary material pertaining
to the transaction of public business, regardless of physical form or
characteristics, having been prepared by or for, or having been or being used
by, received by, in the possession of or under the control of any public body. Some
records are, however, not subject to release via the FOIA process; these types
of records are described under Section 7 (1) (a) thru (y) of the Act. Some
records may also be subject to confidentiality provisions imposed by other state
statutes; the FOIA process does not supersede these other applicable statutory
and judicial mandates. How to File a FOIA Request
with the Sanitary District of Decatur 1.
The Sanitary District of
Decatur does not require the completion of a standard form to file your written
FOIA request. However,
including the phrase “Freedom of
Information Act Request” or “FOIA Request” will help alert us that
your request requires compliance with FOIA timelines and regulations. You may submit your written request via hand
delivery, mail, fax or e-mail. Please
direct your FOIA request to: FOIA
Officer – Kent D. Newton 2.
Please be as specific as possible
when describing the records you are seeking. Remember, FOIA is designed to allow
you to inspect or receive copies of records. It is not designed to require a
public body to answer questions. To the extent that you wish to ask questions of
a representative of the Sanitary District, you may call our Office at (217)
422-6931 to be directed to the proper person. 3.
Please tell us if you wish
to examine the records in person or if you would like an electronic or paper
copy of the requested records. You have the right to either option. 4.
If you are requesting an
electronic copy, please specify the electronic format you prefer. If the
Sanitary District does not have the technology to provide documents in the
format you request, you will be given the choice of receiving the documents in
the electronic format in which the documents are maintained by the Sanitary
District or as a paper copy. 5.
There is no fee for up to
fifty (50) pages of black and white (B&W), standard size, paper copies.
There is a $0.15 charge for each page over fifty (50) pages. (For example there
would be a $0.30 fee for a request for a 52 page B&W letter size document
but no charge for a 49 page B&W letter size document).
If you request color copies, non-standard paper sizes, or electronic
media, there will be a fee equal to the actual consumable cost. The Sanitary
District will provide you with an estimated cost before your request is
processed so you can decide if you want to pay the fee or receive the
information in a different format. 6.
FOIA
requests for commercial purposes are subject to different timelines and a lower
priority than non-commercial requests as outlined in Section 3.1 of the Act.
Therefore, you must include a phrase similar to “this request is for a
commercial purpose” in the written request if you are making a commercial
purpose FOIA request. Section 2 (c)(10) of the Act defines 7.
You are permitted to ask
for a waiver of copying fees for a non-commercial FOIA request but you must
include a specific explanation as to why your request is in the public
interest—not simply your personal interest—and merits a fee waiver. The
decision to grant a fee waiver request is at the sole discretion of the Sanitary
District. 8.
Please include contact
information such as your name, preferred telephone number(s), mailing address,
and your email address in your written request so the Sanitary District can
comply with notification requirements or contact you if we need more information
to process your request. **Note to Requester: You
should retain a copy of your written request from the Sanitary District. If you
eventually need to file a Request for Review with the Public Access Counselor in
the Attorney General’s Office, you will be required to
submit a copy of your FOIA request.** Authority
This
website information concerning the FOIA is being provided as required by Section
4 of the FOIA. This website information may be revised and/or updated in the
future. Additional
Resources
Certain
records of our office are available immediately and links to those records are
below: Board of Trustee Members
and Titles
Administrative
Staff Titles and Telephone Directory Administrative Staff
Email Addresses Pretreatment
Ordinance for Industrial Users
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