Ordinance 05-06 : Revised Access to information under the FOIA
ORDINANCE 05-06 – REVISED ACCESS TO INFORMATION UNDER THE FREEDOM OF INFORMATION ACT
The purpose of this ordinance is to set up a uniform procedure for allowing the public access to Town records under the Freedom of Information Act.
Town records are accessible to the public, with certain restrictions. Any request for information shall be made only by using the attached “Information Request Form”. This information shall be provided in a timely manner, unless any of the following restrictions apply to this request.
The requesting person will be required to pay the Town $1.50 per page for any coping or printing that is required to fulfill the request. This copying fee may be waived if proof of hardship is shown.
If any questions arise as to the legality of the request or whether any of the below restrictions apply, that question shall be referred to the Town Solicitor before any information is provided.
The Town of Townsend is under the jurisdiction of the State of Delaware FOIA. Therefore the following restrictions may limit access to the requested information:
The information requested must be specific. If the request for information is to vague for the Town Clerk to understand what information is needed to comply with the request, the request can be denied.
The information must exist in the form requested. This means that the request cannot be for a summary or for any type of records that need to be compiled.
Personnel and medical files are considered confidential and are not accessible. Employee dates of birth are confidential. Wage rates of employees may be given if the need for same is a valid need. If there is any question of confidential nature of the information requested, the Town Solicitor should be contacted.
Social Security numbers are always confidential and must be redacted from any information given.
Legal opinions given to the Town by the Town Solicitor are confidential.
Records of charitable contributions given by a person requesting to remain anonymous are confidential.
All records concerning pending litigation are confidential.
All records, minutes, notes, or recordings of the Town Council meetings held in Executive Session are confidential. For a meeting to be held in executive session it must meet the requirements of Section 10004 of the State Freedom of Information Act.
All requests must be met in a reasonable time period. Delaware Law does not state the time, but ten (10) days is considered to be reasonable. There are reasons that can extend the time period, but any request that will take more than ten days to fill should be brought to the attention of the Town Solicitor.
If any request for information is denied the reason for denial will be stated on the request form.
First & Second Reading: May 3, 2006 Public Hearing: May 3, 2006 Third & Final Reading: May 24, 2006 Signed by Mayor, David B. Raughley