[HISTORY: Adopted by the Town Board of the Town of Hyde Park 3-10-1975
by resolution; amended in its entirety 11-24-2003 by L.L.
No. 7-2003. 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 the cloak of secrecy of 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, as well as records
otherwise available by law.
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 Board of the Town of Hyde Park is responsible
for insuring compliance with the regulations herein, and designates the following
person as Records Access Officer: Town Clerk, Town of Hyde Park, 4383 Albany
Post Road, Hyde Park, NY, 12538.
B.
The Records Access Officer is responsible for insuring
appropriate agency response to public requests for access to records. 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. The Records Access Officer
shall insure that personnel:
Records shall be available for public inspection and copying at Town
of Hyde Park Town Hall, 4383 Albany Post Road, Hyde Park, NY, 12538.
Request for public access to records shall be accepted and records produced
during all hours regularly open for business. These hours are: 8:30 a.m. to
4:00 p.m., Monday through Friday.
A.
A written request may be required, but oral requests
may be accepted when records are readily available.
B.
A response shall be given regarding any request reasonably
describing the record or records sought within five business days of receipt
of request.
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 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.
A.
Denial of access to records shall be in writing stating
the reason therefore and advising the requester of the right to appeal to
the individual or body established to determine appeals.
B.
If requested records are not provided promptly, as required in § 25-5D 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: Supervisor, Town Hall of the Town of Hyde Park, 4383 Albany Post Road,
Hyde Park, NY, 12538, (845) 229-5111.
D.
The time for deciding an appeal by the individual or
body designated to determine appeals shall commence upon receipt of a written
appeal identifying:
(1)
The date of the appeal.
(2)
The date and location or the requests for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or due to failure to provide records promptly as required by § 25-5D; and
(5)
The name and return address of the requester.
E.
The individual or body designated to determine appeals
shall inform the requester of a decision in writing within ten business days
of receipt of an appeal.
F.
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: Committee on Open Government,
Department of State, 41 State Street, Albany, NY, 12231.
G.
The person or body designated to determine appeals shall
inform the appellant and the Committee on Open Government of its determination
in writing within ten 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 Subdivision F of this section.
A.
There shall be no fee charged for inspection of records
or search for records.
B.
Please refer to the fee schedule for certification fees.
C.
Please refer to the fee schedule for photocopies not
exceeding 11 inches by 17 inches.
D.
The fee for copies of records other than photocopies
which are 11 inches by 17 inches or less in size shall be the actual copying
cost excluding fixed agency costs such as salaries.
E.
The fee for copies of videotapes, CDs, or other electronic media
shall be the actual copying cost as set by commercial copying services.
[Added 1-1-2007 by L.L. No. 1-2007]
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 shall be posted in a conspicuous location wherever records
are kept and/or published in a local newspaper of general circulation.
If any provision of these regulations or the application thereof to
any person or circumstances is adjudged invalid by a court of competent jurisdiction,
such judgment shall not affect or impair the validity of the other provisions
of those regulations or the application thereof to other persons and circumstances.