[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The purpose of this article is to set forth the methods and procedures
governing the availability, location and nature of those records of the Town
of Geddes subject to the provisions of Article 6 of the Public Officers Law,
known as the "Freedom of Information Law."
A.
The Town Board is responsible for ensuring compliance
with the regulations herein and designates the following person as records
access officer: the Town Clerk, Town of Geddes, New York.
B.
The records access officer is responsible for ensuring
appropriate agency response to public request for access to records pursuant
to the provisions of the Freedom of Information Law. The designation of the
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.
Records shall be available for public inspection and copying at the
town offices, Town of Geddes, New York.
Requests for public access to records shall be accepted and records
shall be produced during the hours that the Town Clerk's office is regularly
opened for business.
A.
A written request may be required, but oral requests
may be accepted when records are readily available.
B.
A response shall be given within five business days of
the receipt of any request reasonably describing the record or records sought.
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 records access officer does not provide or deny
access to the records sought within five business days of receipt of a request,
he or she shall furnish a written acknowledgment of the receipt of the request
and a statement of the approximate date when the request will be granted or
denied.
E.
If the request is granted, the records access officer
shall provide a copy of such record to the person requesting the same upon
payment of the fee prescribed therefor and shall certify to the correctness
of such copy if requested to do so. Alternatively, the records access officer
shall certify that he or she does not have possession of such record or that
such record cannot be located after a diligent search.
The fee for copies of records shall be $0.25 per page not exceeding
nine inches by 14 inches in size or the maximum fee permitted under the Freedom
of Information Law as it may from time to time be amended. The fees for other
types of copies or transcripts and for certificates shall be the reasonable
amounts as the records access officer shall establish. The fees charged by
the records access officer for records shall not exceed the actual cost of
reproducing such record, except when a different fee is otherwise prescribed
by law.
The records access officer shall, in accordance with this article, make
available for public inspection and copying all records, except that the records
access officer may deny access to records or portions thereof which are not
subject to disclosure in accordance with the provisions of Subdivision 2 of
§ 87 of the Public Officers Law or any other applicable state or
federal statute or unless the public access officer determines that to grant
the application would adversely affect the public interest.
A.
Denial of access to records shall be in writing.
B.
Within 30 days after the written denial of access, any
person denied access to a record may appeal, in writing, such denial to the
Mayor, who shall hear such appeals under the Freedom of Information Law.
C.
Within 10 business days of the receipt of such appeal,
the Mayor shall explain, in writing, to the person requesting the record the
reasons for further denial or provide access to the record sought.