[HISTORY: Adopted by the Town Board of the
Town of Bergen at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
A.Â
The people's right to know the process of government
decisionmaking and the documents and statistics leading to determinations
is basic to our society. Access to such information should not be
thwarted by shrouding it with the cloak of secrecy of confidentiality.
B.Â
These regulations provide information concerning the
procedures by which records may be obtained.
C.Â
Personnel shall furnish to the public the information
and records required by the Freedom of Information Law, as well as
records otherwise available by law.
D.Â
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
A.Â
Town of Bergen is responsible for insuring compliance
with the regulations herein, and designates the following person(s)
as Records Access Officer(s):
Town Clerk
13 S. Lake Avenue
Bergen, NY 14416
tn-bergen-Clerk@rochester.rr.com
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B.Â
The Records Access Officer is responsible for insuring
appropriate agency response to public requests for access to records.
The designation of a Records Access Officer shall not be construed
to prohibit officials who have in the past been authorized to make
records or information available to the public from continuing to
do so. The Records Access Officer shall insure that agency personnel:
(1)Â
Maintain an up-to-date subject matter list.
(2)Â
Assist persons seeking records to identify the records
sought, if necessary, and when appropriate, indicate the manner in
which the records are filed, retrieved or generated to assist persons
in reasonably describing records.
(3)Â
Contact persons seeking records when a request is
voluminous or when locating the records involves substantial effort,
so that personnel may ascertain the nature of records of primary interest
and attempt to reasonably reduce the volume of records requested.
(6)Â
Upon request, certify that a record is a true copy;
and
Records shall be available for public inspection
and copying at:
Bergen Town Hall
13 S. Lake Avenue
Bergen, NY 14416
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Requests for public access to records shall
be accepted and records produced during all hours regularly open for
business. These hours are: Monday, Tuesday, Wednesday and Friday,
8:00 a.m. to 4:00 p.m.; Saturday, 9:00 a.m. to 12:00 noon.
A.Â
A written request may be required, but oral requests
may be accepted when records are readily available.
B.Â
If records are maintained on the Internet, the requester
shall be informed that the records are accessible via the Internet
and in printed form either on paper or other information storage medium.
C.Â
A response shall be given within five business days
of receipt of a request by:
(1)Â
Informing a person requesting records that the request
or portion of the request does not reasonably describe the records
sought, including direction, to the extent possible, that would enable
that person to request records reasonably described;
(2)Â
Granting or denying access to records in whole or
in part;
(3)Â
Acknowledging the receipt of a request in writing,
including an approximate date when the request will be granted or
denied in whole or in part, which shall be reasonable under the circumstances
of the request and shall not be more than 20 business days after the
date of the acknowledgment, or if it is known that circumstances prevent
disclosure within 20 business days from the date of such acknowledgment,
providing a statement in writing indicating the reason for inability
to grant the request within that time and a date certain, within a
reasonable period under the circumstances of the request, when the
request will be granted in whole or in part; or
(4)Â
If the receipt of request was acknowledged in writing
and included an approximate date when the request would be granted
in whole or in part within 20 business days of such acknowledgment,
but circumstances prevent disclosure within that time, providing a
statement in writing within 20 business days of such acknowledgment
specifying the reason for the inability to do so and a date certain,
within a reasonable period under the circumstances of the request,
when the request will be granted in whole or in part.
D.Â
In determining a reasonable time for granting or denying
a request under the circumstances of a request, personnel shall consider
the volume of a request, the ease or difficulty in locating, retrieving
or generating records, the complexity of the request, the need to
review records to determine the extent to which they must be disclosed,
the number of requests received by the agency, and similar factors
that bear on the ability to grant access to records promptly and within
a reasonable time.
E.Â
A failure to comply with the time limitations described
herein shall constitute a denial of a request that may be appealed.
Such failure shall include situations in which an officer or employee:
(1)Â
Fails to grant access to the records sought, deny
access in writing or acknowledge the receipt of a request within five
business days of the receipt of a request;
(2)Â
Acknowledges the receipt of a request within five
business days but fails to furnish an approximate date when the request
will be granted or denied in whole or in part;
(3)Â
Furnishes an acknowledgment of the receipt of a request
within five business days with an approximate date for granting or
denying access in whole or in part that is unreasonable under the
circumstances of the request;
(4)Â
Fails to respond to a request within a reasonable
time after the approximate date given or within 20 business days after
the date of the acknowledgment of the receipt of a request;
(5)Â
Determines to grant a request in whole or in part
within 20 business days of the acknowledgment of the receipt of a
request, but fails to do so, unless the agency provides the reason
for its inability to do so in writing and a date certain within which
the request will be granted in whole or in part;
(6)Â
Does not grant a request in whole or in part within
20 business days of the acknowledgment of the receipt of a request
and fails to provide the reason in writing explaining the inability
to do so and a date certain by which the request will be granted in
whole or in part; or
(7)Â
Responds to a request, stating that more than 20 business
days is needed to grant or deny the request in whole or in part and
provides a date certain within which that will be accomplished, but
such date is unreasonable under the circumstances of the request.
A.Â
The Records Access Officer shall maintain a reasonably
detailed current list by subject matter of all records in its possession,
whether or not records are available pursuant to Subdivision 2 of
§ 87 of the Public Officers Law.
B.Â
The subject matter list shall be sufficiently detailed
to permit identification of the category of the record sought.
C.Â
The subject matter list shall be updated annually.
The most recent update shall appear on the first page of the subject
matter list.
A.Â
Denial of access to records shall be in writing stating
the reason therefor and advising the requester of the right to appeal
to the individual or body established to determine appeals, who or
which shall be identified by name, title, business address and business
phone number.
B.Â
If requested records are not provided promptly, as required in § 398-5 of this chapter, such failure shall also be deemed a denial of access.
C.Â
The following person or persons or body shall determine
appeals regarding denial of access to records under the Freedom of
Information Law:
Bergen Town Board
13 S. Lake Avenue
Bergen, NY 14416
(585) 494-1121 ext. 2
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D.Â
Any person denied access to records may appeal within
30 days of a denial.
E.Â
The time for deciding an appeal by the individual
or body designated to determine appeals shall commence upon receipt
of a written appeal identifying:
F.Â
A failure to determine an appeal within 10 business
days of its receipt by granting access to the records sought or fully
explaining the reasons for further denial in writing shall constitute
a denial of the appeal.
G.Â
The person or body designated to determine appeals
shall transmit to the Committee on Open Government copies of all appeals
upon receipt of appeals. Such copies shall be addressed to:
Committee on Open Government
Department of State
41 State Street
Albany, NY 12231
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H.Â
The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth Subsection F of this section.
B.Â
Copies may be provided without charging a fee.
C.Â
Fees for copies may be charged, provided that:
(1)Â
The fee for copying records shall not exceed $0.25
per page for photocopies not exceeding nine inches by 14 inches. This
section shall not be construed to mandate the raising of fees where
agencies or municipalities in the past have charged less than $0.25
for such copies;
A notice containing the title or name and business
address of the Records Access Officers and appeals person or body
and the location where records can be seen or copies shall be posted
in a conspicuous location wherever records are kept and/or published
in a local newspaper of general circulation.