[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-5-1975; amended in its entirety 3-1-1978 (Ch. 63 of
1975 Code)]
A.
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.
These regulations provide information concerning the
procedures by which records may be obtained from a department or agency,
as defined by Subdivision 3 of § 86 of the Public Officers
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 Supervisor of the Town is responsible for ensuring
compliance with the regulations herein and designates the following
person as records access officer:
Town Clerk
740 West Boston Post Road
Mamaroneck, New York 10543
381-7870
|
B.
The records access officer (Town Clerk) will receive
all applications and is responsible for directing requests to the
appropriate department head. Officials who have been authorized customarily
to make information or records available may be approached directly.
Records shall be available for public inspection
and copying at:
Town Offices
740 West Boston Post Road
Mamaroneck, New York 10543
381-7870
|
Requests for public access to records shall
be accepted and records produced on regular business days at the Town
offices.
A.
Where 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.
Response.
(1)
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. 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.
C.
A request for access to records should be sufficiently
detailed to identify the records. Where possible, the requester should
supply information regarding dates, file designations or other information
which may help identify the records sought.
A.
Origination and updating of list.
(1)
A current list, by subject matter, of all records
produced, filed or first kept or promulgated after September 1, 1974,
shall be available for public inspection and copying.[1] The list shall be sufficiently detailed to permit the
requester to identify the file category of the records sought.
[1]
Editor's Note: A list of records available
for public inspection, originally attached to the resolution adopting
this article, is on file in the office of the Town Clerk.
(2)
The subject matter list shall be updated periodically,
and the date of the most recent updating shall appear on the first
page. The updating of the subject matter list shall not be less than
semiannual.
B.
No records may be removed by the requester from the
office where the record is located. If the requested record cannot
be copied in the office and must be sent out for copying, the department
head must make the necessary arrangements.
B.
Denial of access shall be in writing stating the reason
therefor and advising the person denied access of his or her right
to appeal to the person or body established to hear appeals, and that
person or body shall be identified by name, title, business address
and business telephone number. The records access officer shall not
be the appeals officer.
C.
If an agency fails to respond to a request within
five business days of receipt of a request as required, such failure
shall be deemed a denial of access by the agency.
D.
Any person denied access to records may appeal within
30 days of a denial.
F.
The agency shall transmit to the Committee on Open
Government copies of all appeals upon receipt of an appeal. Such copies
shall be addressed to:
[Amended 7-17-1996 by L.L. No. 14-1996]
Committee on Open Government
162 Washington Avenue
Department of State
Albany, New York 12231
|
G.
The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination, in writing, within seven 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 Subsection F of this section.
[Amended 7-17-1996 by L.L. No. 14-1996]
C.
Maps, plans or other records. In instances where the
Town cannot reproduce the requested material, the department head
or his designee will make all necessary arrangements but all service
reproduction and mailing charges shall be paid by the requester directly
to the company that does the work.
A notice containing the job title or name and
business address of the records access officer, the name, job title,
business address and telephone number of the appeal person or body
and the location where records are available for viewing and copying
shall be posted in a conspicuous location wherever records are kept
and/or published in a local newspaper of general circulation.