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FOIA

Freedom of Information Act

The purpose of the Freedom of Information Act is to ensure that all persons are entitled to full and complete information regarding the affairs of government, and the official acts and policies of those who represent them as public officials.

The principle mandate of the Act provides that each public body shall make available to any person for inspection, or upon submission of a written request, to provide copies of any requested records that are subject to disclosure under the Act. Not all records are subject to disclosure, and the Act provides a number of exemptions.

This Act is not intended to be used to violate individual privacy, nor for the purpose of furthering a commercial enterprise, or to disrupt the duly-undertaken work of any public body independent of the fulfillment of any of the rights of the people to access to information (5 ILCS 140/1). The Act does not require the County to create new records or to answer questions other than through the production of records.
Making a FOIA Request

All requests shall be in writing to the FOIA Officer and will be responded to within five(5) working days (5 ILCS/140) following the date the request is received. The five (5) day count begins the day after the receipt of the FOIA request by the Department Head, or designee. The requester may be notified of a five (5) day extension (working days) if the files are voluminous, at different locations, or if other reasons make it impossible to assemble and mail the request out within the normal five (5) day period.

Mail all requests to:

Phil Morris

FOIA Officer

Kane County ROE

210 South 6th Street

Geneva, IL 60134

Denial of FOIA Requests

The ROE will provide available information when requested by the public. Information provided or denied under the FOIA, however, must conform to the legal requirements under the Act. It may also be denied if it falls within a category under Sec. 3 of the Freedom of Information Act.

When the ROE denies a request for public records, the ROE must, within five (5) working days, or within any extended compliance period provided for in the Act, notify the person who made the request, by letter, of the decision to deny the request. The letter must explain the reasons for the denial, and give the names and titles of all persons responsible for the denial.

Fees

FOIA requestors may have to pay fees covering some or all of the costs of reproducing their request. If a fee is due, you will be contacted on the cost, which must be paid prior to receiving the documents.

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