[HISTORY: Adopted by the Council of the City
of Schenectady 7-20-1981 by Ord.
No. 81-85. Amendments noted where applicable.]
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 City Council is responsible for ensuring compliance
with the regulations herein and designates the City Clerk as records
access officer.
B.Â
The records access officer shall be responsible for
ensuring appropriate responses to public requests for access to records.
The designation of 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.Â
The records access officer shall:
(1)Â
Ensure that an up-to-date subject matter list is maintained
in his/her office and that it is available.
(2)Â
Assist the requester in identifying requested records,
if necessary.
(5)Â
Upon request, certify that a record is a true copy.
(6)Â
Upon failure to locate records, certify that:
(7)Â
Maintain a record of requests for information showing
the date, time, name of requester, copies provided, moneys received
and action taken upon request.
Records shall be available for public inspection
and copying at City Hall, Schenectady, New York 12305, during regular
business hours. These hours are 9:00 a.m. to 5:00 p.m., weekdays,
September through June, and 8:00 a.m. to 4:00 p.m., weekdays, July
and August.
A.Â
A written request shall be in writing on the form
specified, 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 rates, 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 the
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 his/her
possession, whether or not records are available pursuant to Subdivision
2 of § 87 of the Public Officers Law.
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 § 57-4D of these regulations, such failure shall also be deemed a denial of access.
C.Â
The Mayor shall hear appeals for denial of access
to records under the Freedom of Information Law. Such appeals shall
be addressed to:
Mayor
|
City Hall
|
Jay Street
|
Schenectady, New York 12305
|
D.Â
The time for deciding an appeal by the appeals officer
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 § 57-4D.
(5)Â
The name and return address of the requester.
E.Â
The appeals officer shall inform the requester of
its decision in writing within seven business days of receipt of an
appeal.
F.Â
The appeals officer shall transmit to the Committee
on Public Access to Records copies of all appeals upon receipt of
appeals. Such copies shall be addressed to:
Committee on Public Access to Records
|
Department of State
|
162 Washington Avenue
|
Albany, New York 12231
|
G.Â
The appeals officer shall inform the appellant and the Committee on Public Access to Records of its determination in writing within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section.
[Amended 6-8-1992 by Ord. No. 92-25]
A.Â
The fees for photocopies of records not exceeding
nine inches by 14 inches is $0.25 per photocopy or the actual cost
of reproducing any other record, except when a different fee is otherwise
prescribed by law. The fee for certifying that a record is a true
copy is $1.
B.Â
Assessment Department Fee Schedules.
(1)Â
Property record card data information for commercial
use or commercial users.
(a)Â
Schedule A.
Fee
| ||
---|---|---|
Assessed Value
|
Non-Homestead Class
|
Homestead Class
|
The first $99,999
|
$10
|
$5
|
$100,000 to $199,999
|
$20
|
$5
|
$200,000 to $299,999
|
$30
|
$10
|
$300,000 to $399,999
|
$40
|
$10
|
$400,000 to $499,999
|
$50
|
$10
|
$500,000 to $1,000,000
|
$100
|
$10
|
(b)Â
There shall be a fee of $50 for each $500,000 of assessed
value or part of over $1,000,000 of assessed value.
(2)Â
The fee for a one-line computer printout on property
data shall be the same as Schedule A.
(3)Â
Schedule B. There shall be a fee of $2 per parcel
for verification of ownership, only on the prescribed form and paid
through the City Clerks Office, Room 107, City Hall.
C.Â
There shall be allowed as a charge for special processing,
including fax transmission or overnight delivery, which charge shall
be the sum of $10 or the actual cost of delivery, whichever is greater,
in addition to charges for reproduction.
[Added 10-21-1996 by Ord. No. 96-45]
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 copied shall be posted
in a conspicuous location wherever records are kept.