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City of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
[Res. of 12-18-1979, § 1; Ord. of 1-18-2005]
(a) 
The people's right to know the process of government decision-making 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 or confidentiality.
(b) 
This article provides information concerning the procedures by which records may be obtained.
(c) 
Personnel shall furnish to the public the information and records required by the Freedom of Information Law,[1] as well as records otherwise available by law.
[1]
Editor's Note: See Article 6 of the Public Officers Law.
(d) 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
[Res. of 12-18-1979, § 2; Ord. of 8-21-1997, § 1; Ord. of 1-18-2005]
(a) 
The Common Council is responsible for ensuring compliance with the regulations herein and designates the following person as records access officer: City Chamberlain, Municipal Building, 62 Civic Center Plaza, P.O. Box 300, Poughkeepsie, New York 12602.
(b) 
The records access officer is responsible for ensuring appropriate agency response to public requests for access to records. The designation of the 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.
(c) 
The records access officer shall ensure that personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
a. 
Make records available for inspection; or
b. 
Deny access to the records in whole or in part and explain, in writing, the reasons therefor.
(4) 
Upon request for copies of records:
a. 
Make a copy available upon payment or offer to pay established fees, if any, in accordance with Section 2-108; or
b. 
Permit the requester to copy those records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
a. 
The City is not the custodian of such records; or
b. 
The records of which the City is a custodian cannot be found after a diligent search.
(d) 
The records access officer may, with the approval of the City Administrator, appoint deputy records access officers in each department, who shall be authorized and empowered to perform the functions of the records access officer as set forth in this section.
[Ord. of 1-18-2005]
Records shall be available for public inspection and copying at the Municipal Building, 62 Civic Center Plaza, Poughkeepsie, New York.
[Res. of 12-18-1979, § 3; Ord. of 1-18-2005]
Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are 8:30 a.m. to 4:30 p.m., Monday through Friday.
[Res. of 12-18-1979, § 5; Ord. of 1-18-2005]
(a) 
A written request may be required, but oral requests may be accepted when records are readily available.
(b) 
A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of request.
(c) 
A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.
(d) 
If the records access officer does not provide or deny access to the record sought within five business days of receipt of a request, he or she shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied.
[Res. of 12-18-1979, § 6; Ord. of 1-18-2005]
(a) 
The records access officer shall maintain a reasonable, detailed current list by subject matter of all records in its possession, whether or not records are available pursuant to § 87, Subdivision 2, of the Public Officers Law.
(b) 
The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
(c) 
The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.
[Res. of 12-18-1979, § 7; Ord. of 1-18-2005]
(a) 
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 established to determine appeals.
(b) 
If requested records are not provided promptly, as required in Section 2-105 of this article, such failure shall also be deemed a denial of access.
(c) 
The following person shall determine appeals for denial of access to records under the Freedom of Information Law: Finance Commissioner, Municipal Building, 62 Civic Center Plaza, P.O. Box 300, Poughkeepsie, New York 12602.
(d) 
The time for deciding an appeal by the individual designated to determine appeals shall commence upon receipt of a written appeal identifying:
(1) 
The date of the appeal.
(2) 
The date and location of the requests for records.
(3) 
The records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or due to failure to provide records promptly as required by Section 2-105(d).
(5) 
The name and address of the requester.
(e) 
The individual designated to hear appeals shall inform the requester of a decision, in writing, within 10 business days of receipt of an appeal.
(f) 
The person designated to determine appeals shall transmit to the Committee on Open Government copies of all appeals. Such copies shall be addressed to: Committee on Open Government, Department of State, 41 State Street, Albany, New York 12231.
(g) 
The person designated to determine appeals shall inform the appellant and the Committee on Open Government of the 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 in Subsection (f) of this section.
[Res. of 12-18-1979, § 8, Ord. of 2-7-1994, § 1; Ord. of 1-18-2005]
(a) 
There shall be no fee charged for:
(1) 
Inspection of records;
(2) 
Search for records; or
(3) 
Any certification pursuant to this article.
(b) 
A fee shall be charged for copies of records as follows:
(1) 
Twenty-five cents per page for copies not exceeding nine by 14 inches.
(2) 
For police accident or incident reports, or Fire Department reports, the requesting party shall be charged $0.25 per page, and for photographs the fee shall be $10 for each eight-inch by ten-inch photograph or, if the photographs are digital, $1 per photograph and $2 for the disc.
(3) 
In all cases not covered by Subsection (b)(1) or (2) above, the fee for copies of records shall be the actual copying cost excluding fixed agency costs such as salaries.
[Res. of 12-18-1979, § 9; Ord. of 1-18-2005]
A notice containing the title or name and business address of the records access officer and appeals officer and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.
[Ord. of 1-18-2005]
If any provision of these regulations or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of these regulations or the application thereof to other persons and circumstances.