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A commercial FOIA request is when the requestor seeks to use part or all of the public records for sale, resale, solicitation, or advertisement for sales or services.
The FOIA Officer has 21 business days to respond to a request for information made for a commercial purpose. The public body will respond by:
Please note it violates the Freedom of Information Act for a person to knowingly obtain a public record for a commercial purpose without disclosing that it is for a commercial purpose.
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“Public records” are defined in FOIA as “all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials 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.” (5 ILCS 140/2(c)) Given this broad definition, FOIA is intended to cover any document, regardless of form, that pertains to government business.
All requests for copies or inspection of public documents under the Freedom of Information Act must be made in writing. Please note there are separate submission requirements for Village Records and Law Enforcement Records.
On your written request, include your name, address, the date, and at least one contact method in case we need to contact you regarding your request. Also, please provide as much information as possible on the subject matter. This will help expedite the search process.
The Village, by law, will respond no later than five business days after receipt of a non-commercial request. Commercial requests will receive a response no later than 21 business days after receipt. (Requests are commercial if the use of any part of the record or the information derived from the record is to be used for sale, resale, solicitation, or advertisement for sales or services.) However, the Village may extend the time to respond within the time period allowed by law in certain circumstances
The Freedom of Information Act permits the Village to charge reasonable fees to pay for copying costs or the use of copying equipment. The Village will supply up to fifty (50) black-and-white pages of requested records NOT intended for a commercial use at no charge to the requester. Fees for additional copying or certification fees are as follows:
Under FOIA, there is a presumption that all information is public unless the public body proves otherwise. There are several exceptions to public disclosure that include but are not limited to:
For a complete list of exemptions from the State of Illinois, go to the Illinois General Assembly/Illinois Compiled Statutes.