[HISTORY: Adopted by the Town Board of the
Town of Richmond as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-4-1989 by L.L. No. 1-1989]
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 or confidentiality.
B.Â
These regulations provide information concerning the
procedures by which records may be obtained.
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
The Town Clerk shall be charged with the custody and
keeping of town records and shall be known as the "records access
officer," and the fiscal officer shall be the Town Supervisor.
B.Â
Records access officers are responsible for ensuring
appropriate agency response to public requests for access to records.
The designation of 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. Records access officers shall ensure that personnel:
Records shall be available for public inspection
and copying at:
Richmond Town Hall
8690 Main Street
Honeoye, N.Y. 14471
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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 through Friday, 9:00 a.m. to 4:00
p.m.
A.Â
A written request may be required, but oral requests
may be accepted when records are readily available.
B.Â
A response shall be given regarding any request reasonably
describing the record or records sought within five business days
of receipt of the request.
C.Â
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.Â
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. 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.
A.Â
The records access officer shall maintain a reasonably
detailed current list, by subject matter, of all records in the officer's
possession, whether or not records are available pursuant to Subdivision
2 of § 87 of the Public Officers Law.
[Amended 12-11-2001 by L.L. No. 2-2001]
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 not less
than twice per year. 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 hear appeals.
B.Â
If requested records are not provided promptly, as required in § 58-5D of these regulations, such failure shall also be deemed a denial of access.
C.Â
Any person denied access to records may appeal within
30 days of a denial.
[Added 12-11-2001 by L.L. No. 2-2001]
D.Â
The following person or persons or body shall hear
appeals for denial of access to records under the Freedom of Information
Law:
Town Board of the Town of Richmond
P.O. Box 145
8690 Main Street
Honeoye, NY 14471
(716) 229-5757
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E.Â
The time for deciding an appeal by the individual
or body designated to hear appeals shall commence upon receipt of
a written appeal identifying:
(1)Â
The date of the appeal;
(2)Â
The date and location of the requests for records;
(3)Â
The records to which the requester was denied access;
(4)Â
Whether the denial of access was in writing or due to failure to provide records promptly as required by § 58-5D; and
(5)Â
The name and return address of the requester.
F.Â
The individual or body designated to hear appeals
shall inform the requester of his or its decision in writing within
10 business days of receipt of an appeal.
G.Â
The person or body designated to hear 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
162 Washington Avenue
Albany, NY 12231
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H.Â
The person or body designated to hear 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 in Subsection G of this section.
[Amended 12-11-2001 by L.L. No. 2-2001]
[Amended 3-10-2009 by L.L. No. 3-2009]
A notice containing the title or name and business
address of the records access officer and appeals person or body and
the location where records can be seen or copied shall be posted in
a conspicuous location on the town's bulletin board in the Town Hall.