HESPERIA COMMUNITY LIBRARY WRITTEN PUBLIC SUMMARY OF FOIA PROCEDURES & GUIDELINES Effective July 1, 2015

Transcription

1 HESPERIA COMMUNITY LIBRARY WRITTEN PUBLIC SUMMARY OF FOIA PROCEDURES & GUIDELINES Effective July 1, 2015 Pursuant t the requirements f the Freedm f Infrmatin Act (FOIA), the fllwing is the Written Public Summary f Hesperia Cmmunity Library s FOIA Prcedures & Guidelines relevant t the general public regarding hw t submit written FOIA requests t the Library and explaining hw t understand the Library s written respnses, depsit requirements, fee calculatins, and avenues fr challenge and appeal. This Written Public Summary shall be available n the Library s website at 1. Prcess fr Submitting FOIA Requests: Requests t inspect r btain cpies f public recrds prepared, wned, used, pssessed r retained by the Library must be submitted in writing. A request must sufficiently describe a public recrd s as t enable the Library t find it. N specific frm t submit a written request is required. Hwever, a FOIA Request frm fr yur use and cnvenience is available n the Library s website at Written requests can be made in persn by delivery t the Library in persn r by mail t the Library Directr at 80 Suth Divisin, Hesperia, MI Requests may als be made by facsimile t the Library Directr at the fllwing fax number: A request may als be submitted by t the Library Directr at hes@llcp.rg. Nte: If yu are serving a sentence f imprisnment in a lcal, state r federal crrectinal facility yu are nt entitled t submit a request fr a public recrd. 2. The Library s Respnse t FOIA Requests: { } Within 5 business days f receipt f a FOIA request, the Library will issue a respnse. If a request is received by facsimile r , the request is deemed t have been received n the fllwing business day. The Library will respnd t yur request in ne f the fllwing ways: Grant the request. Issue a written ntice denying the request. Grant the request in part and issue a written ntice denying in part the request. Issue a ntice that the Library is extending the time fr respnding by an additinal 10 business days. Issue a written ntice indicating that the public recrd requested is available at n charge n the Library s website. If the request is granted, r granted in part, the Library will require that payment be made fr the allwable fees assciated with respnding t the request befre the public recrd is made available.

2 3. Fee Depsit Requirements: If the Library has made a gd faith calculatin that the ttal estimated fee fr prcessing the request exceeds $50.00, the Library may require that yu prvide a depsit in the amunt f 50% f the ttal estimated fee. When the Library requests the depsit, it will prvide yu a nn-binding best effrts estimate f hw lng it will take t prcess the request fllwing receipt by the Library f yur depsit. If the Library receives a request frm a persn wh has nt paid the Library fr cpies f public recrds made in fulfillment f a previusly granted written request, the Library may require a depsit f 100% f the estimate prcessing fee befre it begins t search fr the public recrd fr any subsequent written request when all f the fllwing cnditins exist: The final fee fr the prir written request is nt mre than 105% f the estimated fee; The public recrds made available cntained the infrmatin sught in the prir written request and remain in the Library s pssessin; The public recrds were made available t the individual, subject t payment, within the time frame estimated by the Library t prvide the recrds; 90 days have passed since the Library ntified the individual in writing that the public recrds were available fr pickup r mailing; The individual is unable t shw prf f prir payment t the Library; and The Library has calculated an estimated detailed itemizatin that is the basis fr the current written request s increased fee depsit. The Library will nt require the 100% estimated fee depsit if any f the fllwing apply: The persn making the request is able t shw prf f prir payment in full t the Library; The Library is subsequently paid in full fr all applicable prir written requests; r 365 days have passed since the persn made the request fr which full payment was nt remitted t the Library. 4. Fees fr Prcessing FOIA Requests: The FOIA Crdinatr will require payment in full fr the allwable fees fr prcessing and respnding t a FOIA request befre the public recrd is made available. FOIA permits the Library t charge and cllect a fee fr the fllwing six categries f csts assciated with respnding t a FOIA request: Labr csts directly assciated with searching fr, lcating and examining a requested public recrd. 2

3 Labr csts directly assciated with a review f a recrd t separate and delete infrmatin exempt frm disclsure frm infrmatin which is nt exempt frm disclsure. The actual and mst reasnably ecnmical cst f cmputer discs, cmputer tapes r ther digital r similar media. The actual ttal incremental cst f duplicatin r publicatin, nt including labr, f paper cpies f public recrds. Labr csts directly assciated with duplicatin r publicatin including making paper cpies, making digital cpies, r transferring digital public recrds t the requesting persn in nn-paper physical media r thrugh the Internet r ther electrnic means. The cst t mail r send a public recrd t a requestr. Labr Csts All labr csts will be estimated and charged in 15 minute increments with all partial time increments runded dwn. If the time invlved is less than 15 minutes, there will be n labr charge. Labr csts will be charged at the hurly wage f the lwest-paid emplyee capable f perfrming the wrk in the specific instance, regardless f wh actually perfrms the labr. Labr csts may als include a charge t cver r partially cver the cst f fringe benefits up t 50% f the labr charge amunt but nt t exceed the actual fringe benefit cst. Nn-paper Physical Media Paper Cpies The cst fr recrds prvided n nn-paper physical media, such as cmputer discs, cmputer tapes r ther digital r similar media will be at the actual and mst reasnably ecnmical cst fr the nn-paper media. This cst will be charged nly if the Library has the technlgical capability necessary t prvide the public recrd in the nn-paper physical media frmat. The cst f paper cpies f public recrds made n standard letter (8 ½ x 11) r legal (8 ½ x 14) sized paper will nt exceed $.10 per sheet f paper. Cpies fr nn-standard sized sheet paper will reflect the actual cst f duplicatin. The Library will utilize the mst ecnmical means available fr making cpies f public recrds, including using duble-sided printing, if cst saving and available. Mailing Csts The Library will charge the actual cst t mail public recrds using a reasnably ecnmical and justified means. 3

4 The Library will nt charge fr expedited shipping r insurance unless requested by the requesting persn but the Library may charge the least expensive frm f pstal delivery cnfirmatin. A fee will nt be charged fr the cst f search, examinatin, review and the deletin and separatin f exempt frm nnexempt infrmatin unless failure t charge a fee wuld result in unreasnably high csts t the Library because f the nature f the request in the particular instance, and the Library specifically identifies the nature f the unreasnably high csts. The FOIA Crdinatr may waive r reduce a fee if it is determined that a waiver r reductin f the fee is in the public interest because searching fr r furnishing cpies f the public recrd can be cnsidered as primarily benefiting the general public. 5. Eligibility fr Fee Reductin: The Library will waive the first $20.00 f the prcessing fee fr a request if yu submit an affidavit stating that yu are: Indigent and receiving specific public assistance; r If nt receiving specific public assistance, stating facts demnstrating an inability t pay because f indigency. Yu are nt eligible t receive the $20.00 waiver based n indigency if yu: Have previusly received discunted cpies f public recrds frm the Library twice during the calendar year; r Are requesting infrmatin n behalf f ther persns wh are ffering r prviding payment t yu t make the request. The Library will waive the first $20.00 f the prcessing fee fr a request if yu are a nnprfit rganizatin designated by the State f Michigan t carry ut certain activities and yur request satisfies certain criteria. (Please see the full Prcedures & Guidelines fr mre infrmatin). 6. Appeals-Denials f FOIA Request: If yu believe that all r a prtin f a public recrd has nt been disclsed r has been imprperly exempted frm disclsure, yu may file a written appeal f the denial with the Library Bard (c/ the Library Directr). The appeal must be in writing, specifically state the wrd appeal and identify the reasn r reasns yu are seeking a reversal f the denial. The Library Bard is nt cnsidered t have received the written appeal until the first regularly scheduled Library Bard meeting after the submissin f the written appeal. Within 10 business days f receiving the written appeal, the Library Bard will respnd in writing by: Reversing the disclsure denial; Uphlding the disclsure denial; r 4

5 Reverse the disclsure denial in part and uphld the disclsure denial in part. Under unusual circumstances, issue a ntice extending fr nt mre than ten (10) business days the perid during which the Library Bard will respnd t the written appeal. The Library Bard shall nt issue mre than ne ntice f extensin fr a particular written appeal. Whether r nt yu submitted an appeal f a denial t the Library Bard, yu may file a civil actin in Circuit Curt t cmpel the Library s disclsure f public recrds as prvided in Sectin 10 f the Act. 7. Appeals-Fees: If yu believe that the fee charged by the Library t prcess yur FOIA request exceeds the amunt permitted by FOIA, yu must first submit a written appeal fr a fee reductin t the Library Bard (c/ the Library Directr). The appeal must be in writing, specifically state the wrd appeal and identify hw the required fee exceeds the amunt permitted. The Library Bard is nt cnsidered t have received a written appeal until the first regularly scheduled meeting f the Library Bard fllwing the first regularly scheduled meeting f the Library Bard fllwing submissin f the written appeal. Within 10 business days after receiving the appeal, the Library Bard will respnd in writing by: Waiving the fee; Reducing the fee and issue a written determinatin indicating the specific basis that supprts the remaining fee; Uphlding the fee and issue a written determinatin indicating the specific basis that supprts the required fee; r Issuing a ntice detailing the reasn r reasns fr extending fr nt mre than 10 business days the perid during which the Library Bard will respnd t the written appeal. The Library Bard will nt issue mre than ne ntice f extensin fr a particular written appeal. Within 45 days after receiving ntice f the Library Bard s determinatin f the prcessing fee appeal r the Library Bard s failure t timely act n the written appeal as required by Sectin 10a(2) f the Act, yu may cmmence a civil actin in Circuit Curt fr a fee reductin. If yu file such a civil actin, the Library is nt bligated t cmplete the prcessing f the written request fr the public recrd at issue until the curt reslves the fee dispute. Mre Detail and Infrmatin: This is nly a summary f the Library s FOIA Prcedures & Guidelines and des nt necessarily reflect all prvisins f the Prcedures & Guidelines. Fr mre details and infrmatin, cmplete cpies f the FOIA Prcedures & Guidelines are available at n charge at the Library and n the Library s website at 5

6 Adpted,