Town of Hyde Park, NY Chapter 25 Public Records, Access to

[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.]

§ 25-1 Purpose and scope.

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.

§ 25-2 Designation of Records Access Officer.

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:

(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:

(a) Make records available for inspection; or

(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, if any, in accordance with § 25-7; or

(b) Permit the requester to inspect those records.

(5) Upon request, certify that a record is a true copy; and

(6) Upon failure to locate records, certify that:

(a) The Town of Hyde Park is not the custodian for such records; or

(b) The records of which the Town of Hyde Park is a custodian cannot be found after diligent search.

§ 25-3 Location.

Records shall be available for public inspection and copying at Town of Hyde Park Town Hall, 4383 Albany Post Road, Hyde Park, NY, 12538.

§ 25-4 Hours for public inspection.

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.

§ 25-5 Requests for public access to records.

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.

§ 25-6 Denial of access to records.

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, [phone].

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.

§ 25-7 Fees.

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]

§ 25-8 Public notice.

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.

§ 25-9 Severability.

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.