OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS Lisa Madigan ATTORNEY GENERAL Jmuary31,2018 Via mail Mr. John Kraft RE: FOIA Request for Rcvicw- 2018 PAC 51203 Dear Mr, Kraft: The Office of the Attorney General, Public Access Bureau, has received the enclosed response to your Request for Review from the City You may, but are not required tn, reply in writing to the enclosed response If you choose to reply, you must submit your reply lo this office within 7 business days urynur receipt ofthis letter. 5 ILCS (West 2015). Please send a copy oryour reply Io Ms. Lord as well. If you have any questions about this matter, you may contact me at (312) 814- 6437. lbartelt@atg.state.il.us, or the Chicago address listed below. Ve tmly urs, LEAH EARTELT Assistant Atlomey General Public Access Bureau Enclosure cc: Via electronic mail Ms Patricia Senior Assistant City Attorney City ofNaperville 400 South Eagle Street Napcrvillc,ll1inois 60540 50050ullt seconnSneerspr (2l7i7XZer0 - (1l7l7857277l Fax (Zl'lWXZ-mde - - TN. - rat ammo-3305 mot Elsi \Alm, Clrbondnle. 629m 529-1400 - TTY ("105294603 'Fm tstx) szv-Mts Naperville January 30, 2018 RE: 2018 PAC 51203 —Requester Mr. John Kraft Dear Ms. Bartell: We are in receipt of your letter dated January 19, 2018 pertaining to a request for review from Mr. John Kraft regarding the City' s response to Mr. Kraft' s FOIA request for: 1. Copy of any water or electric bills paid by Nicholas Zito, Nick Zito, or Nic Zito in 2017. 2. Copy of any water or electric bills for service at the following address: 2691 Showplace Dr # 303, Naperville, IL 60564 in 2017." As noted in the City' s response to Mr. Kraft, the City has no water bills responsive to Mr. Kraft' s request. Further, the City stores individual utility bills for a period of six months, so utility bills for all of 2017 are not available. The City denied Mr. Kraft' s request for copies of the electric utility bills paid by Nicholas/ Nick/ Nic Zito in 2017 based on exemptions Information Act (" Act"). 7( 1)( a), 7( 1)( b), and 7( 1)( c) of the Illinois Freedom of In his request for review Mr. Kraft disputed the City' s claims of exemptions arguing that: 1. 2. The City attempted to enact its own rules to subvert FOIA; and The PAC has previously declared utility bills subject to FOIA. Response 1. Pursuant to authority granted by state statute, the City enacted code provisions protecting the privacy of its utility customers in a manner commensurate with privacy protections afforded to other utility customers. Such provisions were not enacted to " subvert FOIA". Public utilities in Illinois are either non -municipal ( e. g. ComEd) or municipal ( e.g. the City of Naperville' s electric utility). Non -municipal public utilities are governed by the Illinois Commerce Commission (" ICC") which provides statutory privacy protections to customers. Electric utility billing and usage information of customers of public utilities governed by the ICC may be accessed only by the customer whose information is sought, or a person or agent authorized by the customer to obtain that information unless specific consent to such release is given by the customer. 220 ILCS 5/ 16- 122 [" Customer information"] 1 City of Naperville - d% 400 South Eagle Street -, P.O. Box 3020 ws Naperville, Illinois - 6 60566- 7020 - E. ( 630) 420- 6111 . 6 www. napervillc. il. us Response to PAC Request for Review 2018 PAC 51203 [ Requester John Kraft] January 30, 2018 Page 2 of 4 Because municipal public utilities are not governed by the ICC, state statute confers a number of powers on such municipally owned and operated electric utilities, including the right to " make all needful rules and regulations" in relation thereto. 65 ILCS 5/ 11- 117- 1( 5). Pursuant to that authority, and to safeguard the privacy of its electric utility customers in a manner consistent with the protections provided to customers of utilities governed by the ICC, the City enacted amended Electric utility] Service Rules and Policies in 2013 to include an electric utility customer Bill of Rights. That Bill of Rights was amended in 2017 by Ordinance No. 17- 038, now codified at 8- 1B2 of the Naperville Municipal Code (" Code"), see Attachment # 1. 8- 1B- 2: 2 of the Code prohibits release of utility billing information of its customers without the customer' s consent. That the prohibition against disclosure to third parties was intended to be comprehensive is borne out by the fact that under the requirements of 8- 1B- 2: 2 even City of Naperville employees, except employees who provide billing and collection services, are considered third parties and are not permitted access to customer energy usage data. In addition, and also pursuant to the legislative authority in 65 ILCS 5/ 11- 117- 1( 5), disclosure of Private Customer Information is prohibited under provisions pertaining to the City of Naperville' s Public Utilities Advisory Board (" PUAB"). Section 2- 10- 1 et seq. of the City' s Code, enacted in 2012 ( see Attachment # 2), prohibits disclosure of private customer information of the City' s utility customers. " Private Customer Information" is defined as: An individual customer' s ePortal long -in I.D. and password, Social Security number, personal email address, home and personal telephone numbers, home address, driver' s license number, State identification card number, energy usage data, credit or debit card information, checking account information, 10- 4: 1] ( emphasis added) and other personal financial information." [ Code § 2- The Code provides that a violation of a customer' s privacy occurs when there is a release of private customer information, as defined above, to individuals or entities where the release was not authorized by the customer or a duly authorized representative of the customer, or where there is unauthorized access to private customer information. [ Code § 2- 10- 4: 3] The PUAB is required to hear complaints regarding allegations of violations of customer privacy. [ Code § 2- 10- 3: 3] Contrary to Mr. Kraft' s assertion in his appeal to the PAC, the City did not enact the 2013 or 2017 ordinances to " subvert" FOIA. Nor were the 2012 PUAB Code provisions passed to avoid the requirements of FOIA. Unlike the Village of Rosemont' s home rule codification of rules governing disclosure of certain records in a manner contrary to FOIA2, the City in this matter acted pursuant to a legislative grant of authority which has the common- sense effect of' putting customers of municipal public utilities on an equal privacy footing with customers of non -municipal public utilities. 2 Public Access Opinion 15- 002 Response to PAC Request for Review 2018 PAC 51203 [ Requester John Kraft] January 30, 2018 Page 3 of 4 2. Previous PAC opinions finding that names on utility bills are subject to disclosure under FOIA did not hold that home addresses or utility usage of individual residential utility customers are required to be disclosed under FOIA. The PAC has previously issued opinions to the effect that a public body may not rely upon the exemption found in 7( 1)( c) ( personal information/ unwarranted invasion of personal privacy) to the withhold names of individuals who received municipal water bills. [ Pre - authorization Request — 2011 PAC 15416. See also Pre -Authorization Request — 2011 PAC 12030.] However, those opinions addressed disclosure of names on utility bills, not home addresses or utility usage information contained in such bills. There is no binding PAC opinion, nor any advisory or pre- authorization opinion of which the City is aware, that requires a public body to provide home addresses or utility usage information to FOIA requesters. Home addresses: Home addresses are specifically exempt from disclosure as private information under 7( 1)( b) of the Act (as defined in 2( c- 5)). Energy usage: Disclosure of residential utility usage information constitutes an unwarranted invasion of personal privacy in which the subject' s right to privacy outweighs any legitimate public interest in providing the information pursuant to 7( 1)( e) of the Act. Under the City' s Code, the right of personal privacy is balanced against the public' s right to be informed of matters related to receipt and use of public funds so that each need is fairly met. As set forth in the City' s PUAB Code provisions, electric usage data can be provided by the City in a format that does not require disclosure of the monthly energy consumption of individual homeowners: The City uses or provides information derived from the utility to third parties in the aggregate ( meaning that individual customers are not identified and only consolidated information is provided for planning, research, and related purposes);..." Code § 2- 10- 4( b) Mr. Kraft has not stated, either in his original FOIA request or in his subsequent PAC appeal, what legitimate public interest would be served by making the home address and energy usage information of one residential utility customer a matter of public information. The only assertion made by Mr. Kraft that even comes close to addressing this issue is his statement, in the context of his request for a fee waiver from the City, that the information he seeks in his FOIA request "... bears on the public business of Naperville and will be used to inform the citizens of the actions of their public officials and their rights and responsibilities''. Aside from that single unsupported assertion, there is no articulated nexus between electricity consumption at a single home in the City and the requester' s ability to inform " the citizens of the actions of their public officials and their rights and responsibilities". On the other hand, there is a statutorily recognized privacy 3 Mr. Kraft' s FOIA request dated January 4, 2018. Response lo PA Requesiflrr Renew 2m PAC 5/203 [Requester John Krafl] January 2015 Page 4 0/4 interest in restricting access to electric utility usage information to customers themselves or to those to whom they have given consent to have access to that information. See 220 ILCS 5/ 22 ["Customer infom'lation"] discussed above. Lest Mr. Kraft misinterpret tho prior sentence as the City attempting to rely on statutory provisions applicable to public utilities subject to ICC jurisdiction, this is not the case. Instead the City is pointing to the undisputed fact that the Illinois state legislature has rocognized a privacy interest in customer utility bills and has also granted municipal public ut 'ties the right to "make all needful rules and regulations" in relation to the operation oftheir utilities 65 ILCS 5/1 1- 1771(5). By codifying provisions ensuring privacy rights to City public utility customers commensurate with those protecting non-municipal public utility customers, the City enacted such rules and regulations. Conclusion For the above reasons, the City respectfully requests that the Office ofthe Public Access Counselor find thal the City's decision to deny disclosure ofan individual msideut's home address and utility usage information is supported by the FOIA exemptions discussed above. Enclosed please find unredacted records that are responsive to Mr. Krafl's FOIA request. These records are being provided In you confidentially and should not be provided to the FOIA requester pursuant to Section 9.5(d) anhe Act. Sincerely, Pat Lord Senior Assistant City Attorney Enc: Attachment #1 -- Section 8-leB-Z ofthe Napctville Municipal Code Attachment #2 -- Scclion 2--10-1 21:21]. ofthe Naperville Municipal Code Attachment #3 Unredacted records ATTACHMENT # 1 8- 1B- 2: - NAPERVILLE SMART GRID CUSTOMER BILL OF RIGHTS: The City of Naperville has outlined the core rights of utility customers as it relates to the Naperville Smart Grid Initiative ( NSGI). The City developed these rights based on customer feedback and input, the goals of the overall NSGI, and current national and State guidelines and policies for smart grid projects. Customers of the Naperville electric utility are entitled to responsible and transparent utility operations that include the right to be informed; the right to privacy; the right to options; and the right to data security. 1. The Right To Be Informed: Customers will have convenient access to information that helps explain available billing rate structures and options, outage information, peak demand, and the impact of energy consumption habits on electric bills. Information regarding the financial and operational aspects of the Naperville Smart Grid Initiative ( NSGI) and related programs will be publicly available through multiple channels. Customers will be informed and be able to view electricity consumption from a convenient user interface. Customers will be informed of electric system enhancements that will support current and future tools ( such as home area networks ( HAN), electric vehicle charging, distributed generation, etc.) that empower them to actively control electricity consumption. The decision to install a device will be at the customer' s expense if they choose to participate in the optional energy control programs. Customers' electric usage readings will not be taken more frequently than in 15 - minute intervals. 2. The Right To Privacy Customers' personal information will not be connected to usage data released to any third parties. " Third parties" is defined as any person or entity other than employees of the City' s Department of Public Utilities - Electric, Finance bepartment, or Legal Department, or any other entity contractually bound to the City to provide billing or collection services for electric utility accounts. For purposes of the Section, City of Naperville employees in all other City departments shall be considered third parties and usage data connected to personal information shall not be shared with them. The purpose of any collection, use, retention, and sharing of energy consumption data shall be made public in a clear and transparent manner, Customers will be informed of the available choices and consent options regarding the collection, use, and disclosure of energy consumption data. Disclosure of energy usage data will not be made to any third party absent a warrant, court order or written consent from the customer. Customer will retain control of ALL in home devices and appliances. Customers may voluntarily participate in a utility managed energy control programs and include devices that the utility can adjust as apart of a demand response. program. This includes programmable thermostats, Jacuzzi/ pool pumps and heaters and energy storage systems. Customers who wish to file a privacy violation complaint have the right to petition the Public Utilities Advisory Board for a resolution. If the issue is not resolved to the customer' s satisfaction, the customer may appeal the issue to the City Council. 3. The Right To Options: Customers can select a billing rate structure that meets their needs. This includes the traditional fixed- rate pricing and time - of -use pricing programs. Customers will have the ability to change programs. The City will not alter an individual' s customer - selected rate program unless the customer is made aware of and consents to this change. The City will never ration electricity. Customers can choose how they will receive information from the utility. Customers may purchase and use compatible devices, technologies and appliances that augment the understanding of, visibility into, and control of electricity consumption at their discretion. 4. The Right To Data Security: All customers have the right to a functioning electric meter and customer web portal that will provide secure, confidential, and accurate electricity consumption data. A utility cyber security plan, designed to protect the smart grid' s critical computer infrastructure that may be a potential target of criminal threats, terrorism acts, industrial espionage and/ or politically motivated sabotage, will guide and govern all security policies and practices that apply to user and energy information. A summary of this plan can be provided upon request. Customers' electric usage interval data shall be kept for three ( 3) years, and thereafter annually purged and destroyed. 2017) Ord. No. 13- 010, § 3( Exh. A), 2- 19- 2013; Ord. No. 17- 038, § 1, 3- 21- ATTACHMENT # 2 CHAPTER 10 - PUBLIC UTILITIES ADVISORY BOARD'' 2- 10- 1: - PURPOSE AND CREATION: There is hereby established a Public Utilities Advisory Board to: ( 1) advise the administrative and elected officials of the City on the operation and fiscal policies of the Public Utilities Department, and ( 2) hear complaints from utility customers regarding allegations of violations of privacy as defined herein. All findings and recommendations of the Public Utilities Advisory Board shall be advisory in nature and shall be subject to final consideration, evaluation, and determination by the City Council unless an agreement is reached as provided herein. The Public Utilities Advisory Board may also be referenced herein as " Board" or " PUAB." Ord. No. 12- 005, § 1, 1- 17- 2012) 2- 10- 2: - MEMBERSHIP: The Board shall consist of six ( 6) members: one ex officio nonvoting member of the City Council who shall not be counted for establishing a quorum and five ( 5) citizens appointed at large. Ord. No. 12- 005, 4 1, 1- 17- 2012) 2- 10- 3: - POWERS AND DUTIES: The powers and duties of the Board shall be as follows: 1. To serve in an advisory capacity to the City Manager, the Public Utilities Director and the City Council in matters relating to rates, budgets, and capital improvements for the Public Utilities Department. 2. To review plans and provide advisory comments for facilities expansion, system improvements and other needs for the Public Utilities Department in providing quality, reliable and cost effective services to the City' s residential, commercial, industrial, and institutional/ governmental customers. 3. To hear privacy complaints from City of Naperville utility customers regarding claims of violations of their right to privacy as set forth in Section 2- 10- 4, and to make recommendations to the Director of Public Utilities - Electric and to the Director of Public Utilities - Water, as applicable, to address such complaints as it deems appropriate. For purposes of hearing privacy complaints, the ex officio nonvoting member of the City Council shall not be considered a member of the Board. 4. To adopt such rules of procedure as it deems necessary and appropriate. Ord. No. 12- 005, § 1, 1- 17- 2012) 2- 10- 4: - PRIVACY COMPLAINTS: City utility customers may file a complaint alleging a violation of privacy as defined herein by submitting a complaint to the Public Utilities Advisory Board as provided herein. If the complaint is not resolved to the customer' s satisfaction, the customer may submit an appeal of the PUAB' s findings and/ or recommendations to the City Council. 2. Definitions: For the purpose of this Section, the following definitions apply: APPEAL: An appeal from the findings and/ or recommendations of the PUAB. City of Naperville. CITY: COMPLAINT: A complaint filed with the PUAB alleging that a violation of privacy has occurred. The individual or entity filing a complaint with the PUAB. COMPLAINANT: CUSTOMER: An individual or entity which receives electricity or water from the City. The Director of the Department of Public Utilities - Electric or the Director of the DIRECTOR: Department of Public Utilities -Water, or their respective designees, as applicable. A hearing before the PUAB upon submission of a complaint alleging a violation of HEARING: privacy. The ex officio nonvoting City Council member shall not be considered a member of the Board for, purposes of hearing complaints alleging a violation of privacy. INFORMAL A voluntary process by which a possible violation of privacy is informally addressed between a customer and the Director. RESOLUTION: PRIVATE CUSTOMER INFORMATION: An individual customer' s ePortal log -in I. D. and password, Social Security number, personal e- mail address, home and personal telephone numbers, home address, driver' s license number, State identification card number, energy usage data, credit or debit card information, checking account information, and other personal financial information, The Public Utilities Advisory Board consisting of the five ( 5) citizens appointed at large. The ex officio nonvoting member of the City Council shall not be PUAB: considered a member of the Board for purposes of conducting hearings related to complaints of privacy violations. To intercept, read, retrieve, delete, create, or modify private customer Information UNAUTHORIZED ACCESS: without the permission of the customer or a duly authorized representative of the customer. This shall not include access related to the performance of City operations. The Department Public Utilities - Electric or the Director of the Department of UTILITY: Public Utilities - Water, as applicable. VIOLATION OF As defined in Subsection 2- 10- 4:3. PRIVACY: 3.3. Violation Violation OfOf Privacy:Privacy: Subject Subject toto thethe provisions provisions inin Paragraph Paragraph 4.4. below,below, aa violation violation ofof privacyprivacy shall shall bebe deemed deemed toto have have occurred occurred when when there there isis aa release release of of private private customer customer information information toto individuals individuals or or entities entities wherewhere thethe release release waswas notnot authorized authorized byby thethe customer customer oror aa duly duly authorized authorized representative representative ofof thethe customer,customer, oror where where there there isis unauthorized unauthorized access access toto private private customer customer information.information. 4,4, AA violation violation ofof privacy privacy shallshall bebe deemed deemed notnot toto have have occurred occurred inin thethe event event that:that: a.a. The The provision provision ofof private private customer customer information information isis legally legally required,required, has has been been approved approved byby the the customer,customer, oror hashas beenbeen approvedapproved byby aa dulyduly authorizedauthorized representativerepresentative ofof thethe customer;customer; b.b. TheThe CityCity uses uses oror provides provides information information derived derived from from the the utility utility toto third third parties parties inin thethe aggregate aggregate meaning meaning thatthat individual individual customers customers areare not not identified identified and and only only consolidated consolidated information information isis provided provided forfor planning,planning, research,research, and and related related purposes);purposes); oror c.c. TheThe CityCity permitspermits accessaccess toto privateprivate customer customer information information toto CityCity employeesemployees oror toto individualsindividuals oror under contract contract with the City solely for entities under with the City solely for the the purpose purpose of of performance performance of of City operations. operations. entities 5. Informal Resolution: Prior to submitting a complaint with the PUAB alleging a violation of privacy, customers are encouraged to notify the Director of their concerns in order to confirm and clarify the facts and to determine if the concerns can be addressed by agreement. However, it is not required that a customer seek an informal resolution prior to filing a complaint with the PUAB. 6. Complaint: A customer who has reason to believe that a violation of privacy has occurred, and has been unable to reach an informal resolution, or has decided not to seek an informal resolution, may submit a written complaint to the PUAB by using a form provided on the City' s website which form shall also be available by contacting the City Clerk' s Office. 7. Submission Of Complaint: The complaint may be submitted to the City either by mailing or delivering a copy of the Complaint to the City Clerk' s Office or as may also be provided on the City of Naperville website. Upon receipt of a complaint, the City Clerk shall promptly distribute the complaint to the Chair of the PUAB, to the Director, and to the City Attorney. 8. Timing Of Complaint: A complaint shall be filed within six ( 6) months of the date of the occurrence of the claimed violation of privacy or within six ( 6) months of the complainant' s awareness of the claimed violation of privacy, whichever is later and if the complaint is not timely filed as provided herein, the complaint may be dismissed by the Board as untimely. 9. Response To Complaint/ Optional Reply: a. Within fourteen ( 14) days of receipt of a complaint from the City Clerk, the Director, shall research and submit a response to the complaint, which response shall be submitted to the complainant, the PUAB and the City Clerk. The complainant may, but is not required, to reply to the response. Any reply shall be submitted to the Director, the PUAB and the City Clerk within fourteen ( 14) days of issuance of the response. The City Clerk shall make the Director' s response and the complainant' s reply, if any, available to the PUAB prior to hearing on the complaint. b. Upon receipt of a complaint or other information which indicates that a criminal or ordinance violation may have occurred, the City Attorney may refer the matter to the appropriate investigatory agency for possible prosecution. c. Upon receipt of a complaint or other information which indicates that a violation of the Illinois Personal Information Protection Act, 815 ILCS 530/ 1 et seq. may have occurred, the Director shall immediately investigate and take all actions required by that Act. 10. Dismissal Prior To Hearing: If the complaint does not state a claim of violation of privacy as defined herein, it shall be dismissed by the PUAB prior to hearing. 11. PUAB Hearing: a. Scheduling Of Hearing: Within thirty ( 30) days of receipt of the complaint, the PUAB shall schedule a hearing to proceed on a date acceptable to the complainant and Director and as soon thereafter as practicable. If the matter has been referred for investigation of a criminal or ordinance violation, the City Attorney shall notify the PUAB, the Director, and the complainant to that effect, and the PUAB hearing shall be postponed until conclusion of said investigation and/ or prosecution. b. Purpose Of The Hearing: The purpose of the hearing before the PUAB is to determine: 0) whether or not a violation of privacy has occurred; ( ii) if a violation of privacy has occurred, how and why it occurred; and ( iii) if a violation of privacy has occurred, what steps should be taken to address the violation of privacy and to prevent it from occurring in the future. When conducting a hearing to address an alleged violation of privacy, the PUAB is acting as a quasi -adjudicative body as defined in the Illinois Open Meetings Act, 5 ILCS 120/ 1 et seq. c. Hearing Procedures: The PUAB shall hold a hearing on the complaint, which may be continued from time to time. Although the hearing shall be informal, and strict rules of evidence shall not apply, the PUAB may determine what evidence is credible. The PUAB does not have subpoena power, but may instruct the Director to make such City employees or agents available as reasonably needed to facilitate its findings and recommendations. At the hearing, the complainant and the City may present any relevant evidence, testimony, or argument on the complaint. The complainant shall have the burden of demonstrating that a violation of privacy has occurred by a preponderance of the evidence. The City Clerk, or her designee, shall attend, take minutes, and record the hearing. d. Findings And Recommendations Of The PUAB: At the conclusion of the hearing, or within thirty ( 30) days of completion of the hearing, or as otherwise practicable, the PUAB shall make findings and/ or recommendations as follows: 1. If the PUAB finds that a violation of privacy has been proven, the PUAB may recommend to the Director what steps should be taken to address and correct its cause. Such steps may include process changes, personnel actions, ongoing monitoring, and/ or such other steps that may be deemed appropriate, but shall not include monetary relief of any kind. 2. If the PUAB finds that a violation of privacy has not been proven, the complaint shall be dismissed. e. If the PUAB' s findings and recommendations are issued on a date after the conclusion of the hearing, a copy shall be provided to the complainant and the Director not later than the following business day. 12. Agreement: If the Director and the complainant are in agreement with the findings and recommendations made by the PUAB, or otherwise reach an agreement, the Director and the complainant shall notify the Chair of the PUAB in writing to that effect within seven ( 7) days of issuance of the PUAB decision, and the complaint shall be deemed to be resolved. 13. Appeal to City Council: If the Director and/ or the complainant are not in agreement with the findings and/ or recommendations of the PUAB, the complainant and/ or the Director may Appeal the findings and/ or recommendations of the PUAB to the City Council. An appeal must be submitted to the City Clerk on a form provided by the City Clerk within fourteen ( 14) days of issuance of the PUAB' s decision, or the decision of the PUAB shall be deemed final. If an appeal is taken to the City Council, the PUAB no longer has jurisdiction over the complaint unless it is remanded to the PUAB by the City Council for any purpose. a. Upon an appeal of PUAB findings and/ or recommendations, the City Clerk shall cause the audio recording of the hearing, along with any exhibits provided to the PUAB during the hearing, hereinafter the " record"), to be made available to the members of the City Council. b. The City Clerk shall schedule the appeal to be considered at a City Council meeting within sixty ( 60) days of receipt of the appeal by the City Clerk, or as soon thereafter as practicable. After the hearing has been opened, it may be continued by the City Council as it deems appropriate. c, Upon consideration of the complaint, the record provided by the City Clerk, and any other information deemed relevant by the City Council, the City Council may uphold, reverse, or modify the findings and/ or recommendations of the PUAB and direct such action, if any, as the City Council deems appropriate. 14. Unless otherwise specified, when the word " days" is used herein, it refers to calendar days. When a timeframe is specified herein, the time shall be counted starting the day after the triggering event. If the last day for any timeframe set forth herein lands on a weekend or holiday, the required date shall be the next business day. Ord. No. 12- 005, § 1, 1- 17- 2012)