Aussem encourages board to comply with FOIA - My Web Times

Aussem encourages board to comply with FOIA

08/26/2008, 10:24 am  
Comment on this story | Print this story | Email this story
Tammie Sloup, tammies@mywebtimes.com, 815-431-4048
The city's finance commissioner has asked Ottawa Visitors Center Board members to reconsider a policy set last month regarding Freedom of Information Act requests.

OVC Board members, maintaining they are a privately formed, nonprofit corporation and therefore not subject to Illinois Freedom of Information Act requests, last month approved a policy that provides for a longer time frame in which to respond and provide requested information, as compared to the Freedom of Information Act.

The board's policy states a response to a written request for documents by Ottawa residents will be answered within 10 working days after receipt at the center. Documents requested will be provided within 15 to 30 working days unless additional work is necessary to locate such documents. If more time is required, the center will notify the requester and provide an estimated date by which the documents will be available.

According to the act, "Each public body shall, promptly, either comply with or deny a written request for public records within seven working days after its receipt. Denial shall be by letter ... Failure to respond to a written request within seven working days after its receipt shall be considered a denial of the request."

When additional time is required for any reasons specified in the act, the public body shall notify by letter the person making the written request within the time limits.

Aussem attended Monday's OVC Board meeting to ask for a reconsideration of the newly-adopted policy.

"As you know, there has been some debate on whether or not the OVC is required by law to comply with the FOIA," Aussem said. "I have shared my thoughts in discussions with the executive director (Bridget O'Brien) and certain board members that there should be nothing to hide, so grant the requests."

Aussem also noted he has asked the Attorney General's Office for an opinion.

"Their response indicates that a private not-for-profit may not have to comply but because of the relationship with the city performing services prior to May 1, 2008, the OVC and the city must comply with the act up until that time.

"I have confirmed this with the La Salle County State's Attorney's Office verbally and expect a written response if necessary."

The OVC in May took over its own bookkeeping, according to its funding agreement with the city. For the past eight years, the city has handled the center's accounting, audits and payroll after financial difficulties with the center arose. The funding agreement never mirrored that change.

The OVC receives a substantial amount of its funding -- an estimated $278,000 -- from the city's local hotel-motel tax through an agreement set to expire in 2009.

"I will be asking the City Council and all of you to make compliance with the Illinois Freedom of Information Act part of any new funding agreement," Aussem told board members.

OVC Board members said the intent of adopting a policy was not to restrict information from the public.

"Our goal was to make information more accessible," said Pamela Cronkright, OVC board treasurer.

OVC Board President Mike Kirkpatrick noted with a small staff at the OVC, it's difficult to handle multiple and large information requests in the time set by the FOIA.

The center has five staff members -- two work full time and three part time.

Boyd Palmer, executive director of the Ottawa Area Chamber of Commerce and OVC board ex-officio member, echoed the reasoning was to allow for more time to comply with requests.

Palmer then encouraged the board to comply with the FOIA.

"If it's (the requested information) before May 1, then you are required to," Aussem pointed out. "After that time, you can do what you want."

Aussem also noted the city is moving forward with posting its check register online in an effort to be more transparent.

"As we move forward in local government, we would hope that the OVC Board would do so also rather than move away from it," Aussem said.

Cronkright said there has been discussion amongst some board members regarding posting financial information online.

Board members Monday did not decide on whether to drop the new information request policy and comply with the FOIA.

Print this story