[Adopted 3-31-1975]
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 the 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 the information and records required by the Freedom of Information Law and those which were furnished to the public prior to its enactment.
D. 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
A. 
The Town Clerk is responsible for ensuring compliance with the regulations herein and designates the following persons as records access officers:
(1) 
Town Clerk.
(2) 
Deputy Clerk.
B. 
Records access officers are responsible for ensuring appropriate agency response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been authorized to make records or information available.
C. 
Records access officers shall assure that 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 in accordance with § 40-6B:
(a) 
Make records promptly available for inspection.
(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.
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a transcript is a true copy of records copied.
(6) 
Upon failure to locate records, certify that:
(a) 
The Town of Hurley is not the legal custodian for such records; or
(b) 
The records of which Town of Hurley is a legal custodian, after diligent search, cannot be found.
A. 
The Supervisor is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 40-6B, for an itemized record setting forth the name, address, title and salary of every officer or employee of the Town of Hurley.
B. 
The fiscal officer shall make the payroll items listed above available to any person, including bona fide members of the news media as required under Subdivision 3b of § 87 of the Public Officers Law.
[Amended 4-8-1999 by L.L. No. 1-1999]
Records shall be available for public inspection and copying at the office of the Town Clerk.
Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are by appointment only.
A. 
When a request for records is required, such request may be oral or in writing. However, written requests shall not be required for records that have been customarily available without written request.
B. 
Time for response to requests.
(1) 
Except under extraordinary circumstances, officials shall respond to a request for records no more than five business days after receipt of the request, whether the request is oral or in writing.
(2) 
If, because of extraordinary circumstances, more than five business days are required to respond to a request, receipt of the request shall be acknowledged within five business days after the request is received. The acknowledgment shall state the reason for delay and estimate the date when a reply will be made.
C. 
A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records. However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable.
D. 
No records may be removed by the requester from the office where the record is located without permission of the Town Clerk.
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 hear appeals.
B. 
If requested records are not provided promptly, as required in § 40-6B of these regulations, such failure shall also be deemed a denial of access.
C. 
The following person or persons or body shall hear appeals for denial of access to records under the Freedom of Information Law: Town Supervisor.
D. 
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 of the approval.
(2) 
The date and location of the requests for records.
(3) 
The records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or was by failure to provide records promptly as required by § 40-6B.
(5) 
The name and return address of the requester.
E. 
The individual or body designated to hear appeals shall inform the requester of its decision in writing within 10 business days of receipt of an appeal.
[Amended 4-8-1999 by L.L. No. 1-1999]
F. 
A final denial of access to a requested record, as provided for in Subsection E of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this article.
B. 
Copies of records shall be provided at the rate of $0.25 per page.
[Amended 4-8-1999 by L.L. No. 1-1999]
A notice containing the job title or name and business address of the records access officers and fiscal officer; the name, job title, business address and telephone number of the appeal person or persons or body; and the location where records can be seen or copied shall be posted in a conspicuous location wherever records are kept and/or published in a local newspaper of general circulation.