OVC Board rescinds information request policy - My Web Times

OVC Board rescinds information request policy

09/23/2008, 10:38 am  
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Tammie Sloup, tammies@mywebtimes.com, 815-431-4048
At the prompting of the city's finance commissioner, Ottawa Visitors Center Board members Monday rescinded a recently-enacted policy governing the release of requested information by the public.

Monday's vote provides that OVC staff now must comply with the state's Freedom of Information Act, which is more stringent than the policy the board enacted in July.

The board maintains the OVC is a privately-formed, nonprofit corporation, therefore not subject to the Illinois Freedom of Information Act. However, because it is under contract with the city, it will comply with the FOIA.

Last month, Finance Commissioner Dan Aussem asked board members to rescind their policy, which stated a response to a written request for documents by Ottawa residents would be answered within 10 working days after receipt at the center. Documents requested would be provided within 15 to 30 working days unless additional work is necessary to locate such documents. If more time is required, the center would notify the requester and provide an estimated date by which the documents would be available.

OVC Board members previously said the intent of adopting a policy was not to restrict information from the public, but make information more accessible, as there was no policy in place.

It also was noted that 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.

According to the FOIA, "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.

The board's operations committee, including Bridget O'Brien, executive director, Board President Mike Kirkpatrick and Vice Chairman Hans Andrews, made the new recommendation.

On Monday, board members unanimously rescinded the former policy and approved the new policy without discussion.

The resolution also keeps a former clause that the center will not produce "new" documents to meet requests for information not previously available in a written form or as requested.

The cost of providing documents to the the public will be 25 cents per page -- the same amount the city charges.

Aussem also has told board members he intends to make compliance with the FOIA part of the new funding agreement between the city and OVC. The current agreement expires in April.

There has been some debate on whether the OVC is required by law to comply with the FOIA, Aussem previously said, but added there should be nothing to hide.

Aussem also asked the Attorney General's Office for an opinion, and received a reply he shared last month with the OVC Board.

"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," Aussem said at last month's meeting.

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

In other business, the board:

  • Approved working with a local church youth group in a nonprofit fundraiser in which the group would purchase Ottawa merchandise, such as T-shirts, from the OVC at a discounted price.
  • Heard a report from Executive Director Bridget O'Brien regarding forming an OVC committee to work with the city in negotiating the new funding agreement. The committee could include two board members as well as O'Brien.
  • Heard a report from O'Brien regarding a partnership between Experience Works and the OVC. O'Brien explained Experience Works is a nonprofit organization that helps seniors find employment. Charles Mosier is now working 18 hours a week with the OVC as a tourism representative as part of the program. There is no cost to the OVC.
  • Heard a report from O'Brien in which the OVC will sponsor a person from the Ottawa Township High School transition program to work with the OVC for two hours a week. O'Brien said the program helps mentally-challenged adults get experience working with people and the public.
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