[HISTORY: Adopted by the Town Board of the Town of Elma 5-21-1975. Amendments noted where applicable.]
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.
These regulations provide 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 and those which were furnished
to the public prior to its enactment.
D.
Any conflicts among laws governing public access to records shall
be construed in favor of the widest possible availability of public
records.
A.
The Town Supervisor is responsible for ensuring compliance with the
regulations herein and designates the following person as records
access officer: Town Clerk, 1910 Bowen Road, Elma, New York 14059.
B.
Records access officers are responsible for ensuring appropriate
agency response to public requests for access to records. However,
the public shall not be denied access to records through officials
who have, in the past, been authorized to make records or information
available. Records access officers shall assure that personnel:
A.
The Town Supervisor, 1910 Bowen Road, Elma, New York 14059, is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 34-6B, for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency.
B.
The fiscal officer shall make the payroll items listed above available
to any person, including bona fide members of the news media, as required
under § 88(1)(g), (1)(i) and (10) of the Freedom of Information
Law.[1]
[1]
Editor's Note: Section 88(1)(g), (1)(i) and (10) was a part
of Chapter 578 of the Laws of 1974. Said Chapter 578 was repealed
by Chapter 933 of the Laws of 1977, which also enacted a new Freedom
of Information Law. See Article 6 of the Public Officers Law.
Records shall be available for public inspection and copying
at the Town Hall, 1910 Bowen Road, Elma, New York 14059, or at the
location where they are kept.
Requests for public access to records shall be accepted and
records produced during all hours regularly open for business. These
hours are 9:00 a.m. to 4:30 p.m., Monday through Friday.
A.
Where a request for records is required, such request may be oral
or in writing. However, written requests shall not be required for
records that have been customarily available without written request.
B.
Time limit for response to requests.
(1)
Except under extraordinary circumstances, officials shall respond
to a request for records no more than five business days after receipt
of the request, whether the request is oral or in writing.
(2)
If, because of extraordinary circumstances, more than five business
days are required to respond to a request, the receipt of the request
shall be acknowledged within five business days after the request
is received. The acknowledgement shall state the reason for delay
and estimate the date when a reply will be made.
C.
A request for access to records should be sufficiently detailed to
identify the records. Where possible, the requester should supply
information regarding dates, titles, file designations or other information
which may help identify the records. However, a request for any or
all records falling within a specific category conforms to the standard
that records be identifiable.
D.
List of records by subject matter to be maintained.
(1)
A current list, by subject matter, of all records produced, filed
or first kept or promulgated after September 1, 1974, shall be available
for public inspection and copying. The list shall be sufficiently
detailed to permit the requester to identify the file category of
the records sought.
(2)
The subject matter list shall be updated periodically, and the date
of the most recent updating shall appear on the first page. The updating
of the subject matter list shall not be less than semiannual.
E.
No records may be removed by the requester from the office where
the record is located.
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 or body established to hear appeals.
B.
If requested records are not provided promptly, as required in § 34-6B of these regulations, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall hear appeals for denial
of access to records under the Freedom of Information Law: Town Board,
1910 Bowen Road, Elma, New York 14059.
D.
The time for deciding an appeal by the individual or body designated
to hear appeals shall commence upon receipt of 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 was by failure to provide records promptly as required by § 34-6B.
(5)
The name and return address of the requester.
E.
The individual or body designated to hear appeals shall inform the
requester of its decision, in writing, within seven business days
of receipt of an appeal.
A notice containing the job titles or names and business addresses
of the records access officer and fiscal officer, the name, job title,
business address and telephone number of the appeals person or persons
or body 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.