Clinton County Policy and Procedures
Freedom of Information Act Requests

PURPOSE

To provide Clinton County departments and offices subject to the Freedom of Information Act (FOIA) with procedures for compliance with the Act.

FOIA POLICY

It is the policy of Clinton County to fully comply with the letter and spirit of the Freedom of Information Act. Consistent with the Act, all persons, except those incarcerated in state or local correctional facilities, are entitled to full and complete information regarding governmental decision making.

FOIA COORDINATOR

In accordance with the Act, the County Board of Commissioners has appointed the County Administrator as the County’s FOIA Coordinator. Questions regarding the Act shall be directed to the FOIA Coordinator.The FOIA Coordinator shall contact the appropriate offices to provide information for requests addressed to the FOIA Coordinator. Department heads and elected officials are authorized by the FOIA Coordinator and this policy to respond affirmatively to FOIA requests addressed to county departments, offices, or officials. Denial of a FOIA request, in whole or in part, may only be authorized by the FOIA Coordinator.

FOIA PROCEDURES

• Upon Receipt of a FOIA Request

  When a FOIA request is received in any office that is subject to the Freedom of Information Act, the date and time of the request shall be immediately recorded on the request, and a copy shall be delivered to the FOIA Coordinator.
  

• Producing Information for FOIA Requests

If the department head or elected official determines the office can comply with the request:

1. An estimate of the cost of producing the information shall be calculated. If the cost is less than ten dollars ($10.00), the department may waive charges. If the cost is ten dollars ($10.00) or more, the responding department head shall advise the requester by mail that copies of the records requested may be obtained by first paying the applicable fees. (see FEES, below)
   
2. The department head is authorized to process the request within the five business days required under the Act, or to notify the requester of the need for the additional ten business days allowed under the Act to gather the information. The department head shall comply with the request within the time required under the Act. A copy of the transmittal to the requester, and notification of extension, if applicable, shall be forwarded to the FOIA Coordinator.

Denial of FOIA Requests

1. All county employees and officers are encouraged to provide available information when requested by the public. Information provided or denied under the FOIA, however, must conform to the legal requirements under the Act.
   
   1. A request must "describe the public record sufficiently to enable the public body to find the public record..." MSA 4.1801(3). A request that is overly vague or that does not give reasonable time parameters may be denied.
      
   2. A specific request can be properly denied only if it falls within one of the twenty (20) enumerated exemptions listed in the FOIA.
      
   3. If an exemption is used to deny a request, the specific statutory citation for that exemption should be included with the denial.
      
2. If it is determined the department cannot comply with the request, the department head shall immediately forward the request with the written reason for the denial to the FOIA Coordinator. The FOIA Coordinator shall determine whether to sign the denial, contact corporation counsel, or ascertain whether the information may be obtained by alternate means within the time alloted under the Act.

Fees

Clinton County will charge fees for providing requested records that cost ten dollars ($10.00) or more to produce.

1. The charges shall include the time spent by the lowest-paid, employee(s) that are qualified to produce the information, photocopy costs, mailing costs, and any other actual costs incurred that are allowable under the Act.
   
2. A good faith deposit is required where charges exceed fifty dollars ($50). The deposit cannot exceed half of the total anticipated fee.
   
3. The responding department head shall advise the requester by mail that copies of the records requested may be obtained by first paying the above applicable fees.