[HISTORY: Adopted by the Town Board of the
Town of Aurora 5-22-1978. Amendments
noted where applicable.]
The Town Clerk is hereby designated as records
access officer.
The records access officer is responsible for
assuring that Town personnel:
The Town Clerk's office, located at 5 South
Grove Street, East Aurora, New York, is designated as the location
where records shall be available for public inspection and copying.
Records shall be available for inspection during
all hours that the Town Hall is regularly open for business.
A.Â
A request may be made orally or in writing for records
available under this chapter.
B.Â
The Town shall respond to 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 dates, file designations or other information
that may help to describe the record sought.
D.Â
If the Town does not provide or deny access to the
record sought within five business days of the receipt of the request,
the Town shall furnish a written acknowledgement 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 acknowledgement or
receipt of a request, the receipt may be construed as a denial of
access that may be appealed.
A.Â
The Town shall maintain a reasonably detailed current
list, by subject matter, of all records in its 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.
B.Â
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.Â
If an agency fails to respond to a request within
five business days of receipt of a request as required in this chapter,
such failure shall be deemed a denial of access by the Town.
D.Â
Any person denied access to records may appeal within
30 days of a denial.
F.Â
The Town shall transmit to the Committee on Public
Access to Records copies of all appeals upon receipt of an appeal.
Such copies shall be addressed to the Committee on Public Access to
Records, Department of State, 162 Washington Avenue, Albany, New York,
12231.
G.Â
The person or body designated to hear appeals 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.
Except when a different fee is otherwise prescribed
by law:
The Town shall publicize, by posting in a conspicuous
location and/or by publication in a local newspaper of general circulation:
A.Â
The location where records shall be made available
for inspection and copying.
B.Â
The name, title, business address and business telephone
number of the designated records access officer.
C.Â
The right to appeal by any person denied access to
a record and the name and business address of the person or body to
whom an appeal is to be directed.