Town of Olive, NY Chapter 63 Records

[HISTORY: Adopted by the Town Board of the Town of Olive as indicated in article histories. Amendments noted where applicable.]

Article I Public Access

[Adopted 5-2-1978]

§ 63-1 Purpose and scope.

A. 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.

B. 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.

C. Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

§ 63-2 Designation of records access officers; duties and responsibilities.

A. [1]The Town Board of the Town of Olive shall be responsible for ensuring compliance with the rules herein and hereby designates the following as records access officers:

(1) Chairman: Planning Board.

(2) Chairman: Zoning Board of Appeals.

(3) Chairman: Recreation Committee.

(4) Sole Assessor.

(5) Town Clerk for Town of Olive.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. These records access officers shall have the duty of coordinating responses to public requests for access to records. The designation of one or more as 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.

C. The records access officers are responsible for assuring that agency 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; 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 agency is not the custodian for such records; or

(b) The records of which the agency is a custodian cannot be found after diligent search.

§ 63-3 Location of records.

Each agency shall designate the locations where records shall be available for public inspection and copying.

§ 63-4 Hours for public inspection.

A. Each agency shall accept requests for public access to records and produce records during all hours they are regularly open for business.

B. 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.

§ 63-5 Requests for public access to records.

A. An agency may require that a request be made in writing or may make records available upon oral request, depending upon individual requests and nature thereof.

B. An agency shall respond to any request reasonably describing the record or records sought within five business days of receipt of the 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 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.

§ 63-6 Subject matter list.

A. 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.

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.

§ 63-7 Denial of access to records.

A. The Town Board of the Town of Olive or its supervisor 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.

B. 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.

C. If an agency fails to respond to a request within five business days of receipt of a request as required in § 63-5D, such failure shall be deemed a denial of access by the agency.

D. Any person denied access to records may appeal within 30 days of a denial.

E. 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 and location of a request for records;

(2) The records that were denied; and

(3) The name and return address of the appellant.

F. [1]The agency shall transmit to the Committee on Open Government copies of all appeals upon receipt of an appeal. Such copies shall be addressed to:

Committee on Open Government Department of State 41 State Street Albany, New York 12210

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

G. The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination in writing within seven 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.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

H. A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.

§ 63-8 Fees.

Except when a different fee is otherwise prescribed by law:

A. There shall be no fee charged for the following:

(1) Inspection of records;

(2) Search for records; or

(3) Any certification pursuant to this part.

B. An agency may provide copies of records without charging a fee; or

C. An agency may charge a fee for copies of records, provided that:

(1) 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.

(2) 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.

(3) The fee for copies of records not covered by Subsection C(1) and (2) of this section 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.

§ 63-9 Public notice.

Each agency shall publicize by posting in a conspicuous location and/or by publication in a local newspaper of general circulation:

A. The location where records shall be made available for inspection and copying.

B. The name, title, business address and business telephone number of the designated records access officers.

C. 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.

Article II Retention and Disposition

[Adopted 4-4-1989]

§ 63-10 Adoption of schedule.

The Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein.

§ 63-11 Disposition of records.

In accordance with Article 57-A:

A. Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein.

B. Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established time periods.