[HISTORY: Adopted by the Town Board of the Town of Philipstown 7-2-1987
by Res. No. 40-87; amended in its entirety 2-2-2006
by Res. No. 61-06. Subsequent 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 a 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 information and
records required by the Freedom of Information Law, as well as records otherwise
available by law.
D.
Any conflicts among law governing public access to records
shall be construed in favor of the widest possible availability of public
records.
A.
The Town of Philipstown is responsible for insuring compliance
with the regulations herein and designates the following persons: Tina Merando,
Town Clerk, Thomas Monroe, Code Enforcement Officer, Gary M. Ritchie, Assessor,
and Susan Kenney, Clerk to the Supervisor, as Records Access Officers.
B.
The Records Access Officer is responsible for insuring
appropriate agency response to public request for access to records. The designation
of a 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 officers shall insure that agency
personnel:
(1)
Maintain an up-to-date subject matter list.
(2)
Assist persons seeking records to identify the records
sought, if necessary, and, when appropriate, indicate the manner in which
the records are filed, retrieved or generated to assist persons in reasonably
describing records.
(3)
Contact persons seeking records when a request is voluminous
or when locating records involve substantial effort, so that personnel may
ascertain the nature of records of primary interest and attempt to reasonably
reduce the volume of records requested.
(6)
Upon request, certify that a record is a true copy; and
Records shall be available for public inspection and copying at:
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Town Hall
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238 Main Street
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Cold Spring, New York 10516
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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, 8:30 p.m. to 4:00 p.m.; Tuesday evenings, 6:00 p.m. to 8:00
p.m.
A.
A written request may be required, but oral requests
may be accepted when records are readily available.
B.
If records are maintained on the Internet, the requester
shall be informed that the records are accessible via the Internet and in
printed form either on paper or other information storage medium.
C.
A response shall be given within five business days of
receipt of a request by:
(1)
Informing a person requesting records that the request
or portion of the request does not reasonably describe the records sought,
including direction, to the extent possible, that would enable that person
to request records reasonably described;
(2)
Granting or denying access to records in whole or in
part;
(3)
Acknowledging the receipt of a request in writing, including
an approximate date when the request will be granted or denied in whole or
in part, which shall be reasonable under the circumstances of the request
and shall not be more than 20 business days after the date of the acknowledgement,
or if it is known that circumstances prevent disclosure within 20 business
days from the date of such acknowledgement, providing a statement in writing
indicating the reason for inability to grant the request within that time
and a date certain, within a reasonable period under the circumstances of
the request, when the request will be granted in whole or in part; or
(4)
If the receipt of request was acknowledged in writing
and included an approximate date when the request would be granted in whole
or in part within 20 business days of each acknowledgement, but circumstances
prevent disclosure within that time, providing a statement in writing within
20 business days of such acknowledgement specifying the reason for the inability
to do so and a date certain, within a reasonable period under the circumstances
of the request, when the request will be granted in whole or in part.
D.
In determining a reasonable time for granting or denying
a request under the circumstances of a request, personnel shall consider the
volume of a request, the ease or difficulty in locating, retrieving or generating
records, the complexity of the request, the need to review records to determine
the extent to which they must be disclosed, the number of requests received
by the agency, and similar factors that bear on the ability to grant access
to records promptly and within a reasonable time.
E.
A failure to comply with the time limitations described
herein shall constitute a denial of a request that may be appealed. Such failure
shall include situations in which an officer or employee:
(1)
Fails to grant access to the records sought, deny access
in writing or acknowledge the receipt of a request within five business days
of the receipt of a request;
(2)
Acknowledges the receipt of a request within five business
days but fails to furnish an approximate date when the request will be granted
or denied in whole or in part;
(3)
Furnishes an acknowledgement of the receipt of a request
within five business days with an approximate date for granting or denying
access in whole or in part that is unreasonable under the circumstances of
the request;
(4)
Fails to respond to a request within a reasonable time
after the approximate date given or within 20 business days after the date
of the acknowledgement of the receipt of a request.
(5)
Determines to grant a request in whole or in part within
20 business days of the acknowledgement of the receipt of a request but fails
to do so, unless the agency provides the reason for its inability to do so
in writing and a date certain within which the request will be granted in
whole or in part;
(6)
Does not grant a request in whole or in part within 20
business days of the acknowledgement of the receipt of a request and fails
to provide a reason in writing explaining the inability to do so and a date
certain by which the request will be granted in whole or in part; or
(7)
Responds to a request, stating that more than 20 business
days are needed to grant or deny the request in whole or in part and provides
a date certain within which that will be accomplished, but such date is unreasonable
under the circumstances of the request.
A.
The Records Access Officer 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 annually. The
most recent update shall appear on the first page of the subject matter list.
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 determine appeals, who or which shall be
identified by name, title, business address and business phone number.
B.
If requested records are not provided properly, as required in § 135-5 of these regulations, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall determine
appeals regarding denial of access to records under the Freedom of Information
Law:
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Town Board
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238 Main Street
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Cold Spring, New York 10516
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(845) 265-3329
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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 determine appeals shall commence upon receipt of a written
appeal identifying:
F.
A failure to determine an appeal within 10 business days
of its receipt by granting access to the records sought or fully explaining
the reasons for further denial in writing shall constitute denial of the appeal.
G.
The person or body designated to determine appeals shall
transmit to the Committee on Open Government copies of all appeals upon receipt
of appeals. Such copies shall be addressed to:
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Committee on Open Government
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Department of State
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41 State Street
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Albany, New York 12231
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H.
The person or body designated to determine 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 F of this section.
B.
Copies may be provided without charging a fee.
C.
Fees for copies may be charged, 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 or municipalities
in the past have charged less than $0.25 for such copies.
(2)
The fee for copies of records not covered by Paragraphs
(1) and (2) of this subdivision shall not exceed the actual reproduction cost
for copying a record, excluding fixed costs of the agency such as operator
salaries.
A notice containing the title or name and business address of the Records
Access Officers and appeals person or body and the location where records
can be seen or copies made shall be posted in a conspicuous location wherever
records are kept and/or published in a local newspaper of general circulation.
