[HISTORY: Adopted by the Town Board of the Town of Somers 5-11-1978
by resolution. Amendments noted where applicable.]
The Town Board does hereby adopt the rules and regulations promulgated
by the Committee on Public Access to Records on January 10, 1978, pursuant
to the new Freedom of Information Law [Public Officers Law, § 89,
Subdivision 1(b)iii], the agency officials, records access officers and fiscal
officer to be continued by title as in the original rules and regulations,
a copy of the new rules and regulations being attached hereto:[1]
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Rules and Regulations: Freedom of Information Laws
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  The Freedom of Information Law, which took effect on September
1, 1974, gave you the right of access to certain public records. At a regular
monthly meeting of the Town Board of the Town of Somers held May 11, 1978,
the rules and regulations adopted on October 14, 1975, were rescinded and
the following rules and regulations adopted as promulgated by the Committee
on Public Access to Records on January 10, 1978, pursuant to the new Freedom
of Information Law [Public Officers Law, § 89, Subdivision 1(b)iii],
as follows:
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  Section 1401.1 Purpose and scope.
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(a)
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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 or confidentiality.
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(b)
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This Part provides information concerning the procedures by which records
may be obtained from an agency as defined by Subdivision 3 of § 86
of the Public Officers Law. No agency regulations shall be more restrictive
than this Part.
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(c)
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Agency 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.
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(d)
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Any conflicts among laws governing public access to records shall be
construed in favor of the widest possible availability of public records.
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(e)
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Agencies shall amend existing regulations or adopt new regulations to
implement the Freedom of Information Law in conformity with this Part.
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Section 1401.2 Designation of records access officer.
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(a)
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The governing body of a public corporation and the head of an executive
agency or governing body of other agencies shall be responsible for ensuring
compliance with the regulations herein and shall designate one or more persons
as records access officer by name or by specific job title and business address,
who shall have the duty of coordinating agency response to public requests
for access to records. The designation of one or more records access officers
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.
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(b)
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The records access officer is responsible for assuring that agency personnel:
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(1)
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Maintain an up-to-date subject matter list.
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(2)
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Assist the requester in identifying requested records, if necessary.
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(3)
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Upon locating the records, take one of the following actions:
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(i)
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Make records available for inspection; or
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(ii)
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Deny access to the records, in whole or in part, and explain, in writing,
the reasons therefor.
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(4)
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Upon request for copies of records:
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(i)
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Make a copy available upon payment or offer to pay established fees,
if any; or
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(ii)
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Permit the requester to copy those records;
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(5)
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Upon request, certify that a record is a true copy.
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(6)
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Upon failure to locate records, certify that:
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(i)
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The agency is not the custodian for such records; or
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(ii)
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The records of which the agency is a custodian cannot be found after
diligent search.
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Section 1401.3 Location.
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  Each agency shall designate the locations where records
shall be available for public inspection and copying.
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Section 1401.4 Hours for public inspection.
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(a)
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Each agency shall accept requests for public access to records and produce
records during all hours they are regularly open for business.
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(b)
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In agencies which do not have daily regular business hours, a written
procedure shall be established by which a person may arrange an appointment
to inspect and copy records. Such procedure shall include the name, position,
address and phone number of the party to be contacted for the purpose of making
an appointment.
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Section 1401.5 Requests for public access to records.
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(a)
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An agency may require that a request be made in writing or may make
records available upon oral request.
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(b)
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An agency shall respond to any request reasonably describing the record
or records sought within five business days of receipt of the request.
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(c)
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A request shall reasonably describe the record or records sought. Whenever
possible, a person requesting records should supply information regarding
dates, file designation or other information that may help to describe the
records sought.
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(d)
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If the agency does not provide or deny access to the record sought within
five business days of receipt of a request, the agency 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. If access to records is neither
granted nor denied within 10 business days after the date of acknowledgment
of receipt of a request, the request may be construed as a denial of access
that may be appealed.
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Section 1401.6 Subject matter list.
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(a)
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Each agency 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.
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(b)
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The subject matter list shall be sufficiently detailed to permit identification
of the category of the record sought.
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(c)
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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.
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Section 1401.7 Denial of access to records.
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(a)
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The governing body of a public corporation or the head, chief executive
or governing body of other agencies shall hear appeals or shall designate
a person or body to hear appeals regarding denial of access to records under
the Freedom of Information Law.
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(b)
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Denial of access shall be in writing, stating the reason therefor and
advising the person denied access of his or her right to appeal to the person
or body established to hear appeals, and that person or body shall be identified
by name, title, business address and business telephone number. The records
access officer shall not be the appeals officer.
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(c)
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If an agency fails to respond to a request within five business days
of receipt of a request as required in Section 1401.5(d) of this Part, such
failure shall be deemed a denial of access by the agency.
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(d)
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Any person denied access to records may appeal within 30 days of a denial.
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(e)
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The time for deciding an appeal by the individual or body designated
to hear appeals shall commence upon receipt of written appeal identifying:
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(1)
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The date and location of a request for records;
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(2)
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The records that were denied; and
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(3)
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The name and return address of the appellant.
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(f)
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The agency shall transmit to the Committee on Public Access to Records
copies of all appeals upon receipt of an appeal. Such copies shall be addressed
to:
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Committee on Public Access to Records
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Department of State
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162 Washington Avenue
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Albany, New York 12231
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(g)
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The person or body designated to hear appeals shall inform the appellant
and the Committee on Public Access to Records of its determination in writing
within seven business days of receipt of an appeal. The determination shall
be transmitted to the Committee on Public Access to Records in the same manner
as set forth in Subdivision (f) of this section.
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(h)
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A final denial of access to a requested record, as provided for in Subdivision
(g) of this section, shall be subject to court review, as provided for in
Article 78 of the Civil Practice Law and Rules.
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Section 1401.8 Fees.
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  Except when a different fee is otherwise prescribed by law:
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(a)
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There shall be no fee charged for the following:
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(1)
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Inspection of records;
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(2)
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Search for records; or
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(3)
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Any certification pursuant to this Part.
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(b)
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An agency may provide copies of records without charging a fee; or
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(c)
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An agency may charge a fee for copies of records, provided that:
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(1)
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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 in the past have charged less
than $0.25 for such copies.
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(2)
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In agencies which do not have photocopying equipment, a transcript of
the requested records shall be made upon request. Such transcripts may either
be typed or handwritten. In such cases, the person requesting records may
be charged for the clerical time involved in making the transcript.
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(3)
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The fee for copies of records not covered by paragraphs (1) and (2)
of this subdivision shall not exceed the actual reproduction cost, which is
the average unit cost for copying a record, excluding fixed costs of the agency,
such as operator salaries.
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Section 1401.9 Public notice.
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  Each agency shall publicize by posting in a conspicuous
location and/or by publication in a local newspaper of general circulation.
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(a)
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The location where records shall be made available for inspection and
copying.
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(b)
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The name, title, business address and business telephone number of the
designated records access officer.
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(c)
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The right to appeal by any person denied access to a record and the
name and business address of the person or body to whom an appeal is to be
directed.
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Section 1401.10 Severability.
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  If any provision of this Part 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 this Part or the application thereof to other persons
and circumstances.
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  Records shall be available for public inspection and copying
at the Town House, Routes 100 and 202, Somers, New York, 10589. Agency officials
who have in the past been authorized to make records available will continue
to help you exercise your right to access during all hours regularly open
for business: weekdays 9:00 a.m. to 4:30 p.m. Records access officers are
as follows:
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1.
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Records access officers.
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Assessor, Town House, Somers
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Building Inspector, Town House, Somers
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Court Clerk, Town House, Somers
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Secretary to Planning Board and Zoning Board of Appeals, Town House,
Somers
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Superintendent of Highways, Route 100, Somers
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Supervisor of Parks and Recreation, Reis Park, Somers
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Tax Receiver, Town House, Somers
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Town Supervisor, Town House, Somers
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Town Clerk, Town House, Somers
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2.
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Fiscal officer.
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Supervisor, Town House, Somers
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If you are denied access to a record, address your appeal to:
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Town Board
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c/o Town Clerk
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Somers, New York 10589
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Telephone 277-3323
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[1]
Editor's Note: The following paragraphs contain the rules and regulations
of the Committee on Public Access to Records. References therein to "this
Part" refer to Part 1401 of the New York Codes, Rules and Regulations.
