AUTHORITY: Implementing and authorized by The Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, pars. 201 et seq.) and Section 4.01 of The Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, par. 1004.01).

SOURCE: Adopted at 8 Ill. Reg. 18879, effective September 25, 1984.

SUBPART A: INTRODUCTION

 

Section 1676.110  Summary and Purpose

 

a)         This Part is established to implement the provisions of the Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, par. 201 et seq.).  The purpose of this Part is to support the policy of providing public access to the public records of the Illinois Civil Service Commission while protecting legitimate privacy interests and maintaining administrative efficiency.

 

b)         This Part establishes the procedure by which the public may request and obtain public records of the Illinois Civil Service Commission.  This Part also sets forth the procedures to be followed by the Illinois Civil Service Commission in responding to requests for information.

 

Section 1676.120  Definitions

 

a)         Terms shall have the same meaning as in the Freedom of Information Act, the Illinois Personnel Code (Ill. Rev. Stat. 1983, ch. 127, par. 63b101 et seq.) and in the rules promulgated under the Illinois Personnel Code (80 Ill. Adm. Code 301, 302, 303, 304, and 305).

 

b)         The following definitions are applicable for purposes of this Part:

 

            "Code" means the Illinois Personnel Code.

 

            "Commission" means the Illinois Civil Service Commission, created by the Code.

 

            "Executive Director" means the chief executive officer of the Commission employed pursuant to Section 63b110 of the Code.

 

            "FOIA" means the Freedom of Information Act.

 

            "Freedom of Information Officer" means an individual responsible for receiving and responding to requests for public records.

 

            "Requestor" means a person who submits a request for public records in accordance with this Part.

SUBPART B: PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

Section 1676.210  Person to Whom Requests Are Submitted

 

Requests for public records shall be submitted to the Commission's Freedom of Information Officer.  Requestors shall address all requests for public records to:

 

Freedom of Information Officer

Illinois Civil Service Commission

425½ South Fourth Street

Springfield, Illinois  62701

Attn:  FOIA Request

 

Section 1676.220  Form and Content of Request

 

a)         All requests for public records submitted to the Commission under the FOIA shall be in writing.  Such requests may be submitted on FOIA request forms provided by the Commission.  (See Appendix A of this Part)

 

b)         The requestor shall include the following information in any request for public records:

 

1)         The requestor's full name, mailing address and telephone number, including area code, at which the requestor can be reached during normal business hours.

 

2)         A description of the public records sought, being as specific as possible.

 

3)         Whether the request is for inspection of public records, copies of public records, or both.

SUBPART C: PROCEDURES FOR COMMISSION RESPONSE TO REQUESTS FOR PUBLIC RECORDS

 

Section 1676.310  Timeline for Commission Response

 

a)         The Commission shall respond to a written request for public records within seven working days after receipt of such request.

 

b)         In the event that the request for public records cannot be responded to within seven days for one of the reasons provided in Section 3(d) of the FOIA, the Commission shall have an additional seven working days in which to respond.  The Commission shall give the requestor notice of the extension of time to respond.  Such notice of extension shall set forth the reasons why the extension is necessary.

 

Section 1676.320  Categories of Commission Responses

 

a)         The Commission shall respond to a request for public records in one of three ways:

 

1)         Approve the request.

 

2)         Approve in part and deny in part.

 

3)         Deny the request.

 

b)         When a request for public records has been approved, the Commission may give notice that the requested material will be made available upon payment of reproduction costs, or give notice of the time and place for inspection of the requested material.

 

c)         A denial of a request for public records shall be made in writing.  It shall state the reasons for the denial in accordance with either Section 3(f) or Section 7 of the FOIA and the names and titles of persons responsible for the decision to deny the request.  The denial shall also inform the requestor of the right to appeal to the Executive Director of the Illinois Civil Service Commission.

 

d)         Categorical requests that place an undue burden on the Commission shall be denied only after extending to the requestor an opportunity to confer in an attempt to reduce the request to manageable proportions in accordance with Section 3(f) of the FOIA.

 

e)         Failure to respond to a written request within seven working days may be considered by the requestor as a denial of the request.

SUBPART D: PROCEDURES FOR APPEAL OF A DENIAL

 

Section 1676.410  Appeal of a Denial

 

a)         A requestor whose request for public records has been denied by the Freedom of Information Officer may appeal the denial to the Executive Director.  The notice of appeal shall be in writing and shall be addressed to:

 

Executive Director

Illinois Civil Service Commission

425½ South Fourth Street

Springfield, Illinois  62701

Attn:  FOIA Appeal

 

b)         The Notice of Appeal shall include a copy of the original request, a copy of the denial received by the requestor, and a written statement setting forth the reasons why the requestor believes the appeal should be granted.

 

Section 1676.420  Executive Director's Response to Appeal

 

The Executive Director shall respond to an appeal within seven working days after receiving Notice thereof.  The Executive Director shall either affirm the denial or provide access to the requested public records.  Failure of the Executive Director to respond within seven working days may be considered by the requestor an affirmation of the denial.

SUBPART E: PROCEDURES FOR PROVIDING PUBLIC RECORDS TO REQUESTORS

 

Section 1676.510  Inspection of Records at Commission Offices

 

a)         Generally, public records will be made available for inspection at the Commission's Springfield offices between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except on State holidays.  A place will be provided in which the requestor may inspect public records.

 

b)         An employee of the Commission may be present throughout the inspection.

 

c)         A requestor shall not be permitted to take a briefcase, folder or other similar materials or pens into the room in which the inspection will take place.

 

d)         A requestor will be permitted to take pencil and paper into the room while inspecting public records.

 

e)         Documents which the requestor wishes to have copied shall be segregated during the course of the inspection.  Generally, all copying will be done by Commission employees.

 

Section 1676.520  Copies of Public Records

 

a)         Copies of public records shall be provided to the requestor only upon payment of any charges that are due.

 

b)         Charges for copies of public records shall be assessed in accordance with the "Fee Schedule for Duplication of Public Records" set forth in Appendix B of this Part.

 

c)         Charges shall be waived if the requestor is a State agency, a constitutional officer or a member of the General Assembly.

 

Section 1676.530  General Materials Available from the Freedom of Information Officer

 

The Freedom of Information Officer shall make available to the public at no charge the following materials:

 

a)         A brief description of the organizational structure and budget of the Civil Service Commission;

 

b)         A brief description of the means for requesting information and public records; and

 

c)         A list of types and categories of public records maintained by the Civil Service Commission.




Section 1676.APPENDIX A   Request for Public Records

 

TO:   Freedom of Information Officer Civil Service Commission 425½ South Fourth Street Springfield, Illinois  62701	FROM:
		Name
		Address
		AC                  /
		Telephone

 

 

 

DESCRIPTION OF REQUESTED RECORD(S):

 

 

 

 

 

Please indicate if you wish to inspect the records identified above or wish to copy them:

 

Inspect

Copy

Both

 

FOR OFFICE USE ONLY:

 

 

 

Date Received		Date Response Due

 




Section 1676.APPENDIX B   Fee Schedule for Duplication of Public Records

 

Type of Duplication		Per Copy Charge
Paper copy from paper original		$ .25
Diazo copy of microfiche − per sheet		1.00
Paper copy from microfiche original − per page		.35
Computer printout − paper − per page		.50

 

Some records in the possession of the Commission are in book or pamphlet form.  A charge may be assessed for such materials based on the cost incurred by the Commission for such materials.