[HISTORY: Adopted by the Town Board of the
Town of Cornwall 4-14-1975. 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 surrounding it with the cloak of secrecy or confidentiality.
B.
These regulations provide information concerning the
procedures by which records may be obtained.
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 of Cornwall is responsible
for ensuring compliance with the regulations herein and designates
the following persons as records access officers:
(1)
Town Clerk, Town Hall, Cornwall, New York.
(2)
Building Inspector, Town Hall, Cornwall, New York.
(3)
Assessor, Town Hall, Cornwall, New York.
(4)
Police Chief, Town Hall, Cornwall, New York.
(5)
Superintendent of Public Works, Town Garage, Route
32, Cornwall, New York.
[Amended 9-25-1989 by L.L. No. 4-1989]
B.
Records access officers are responsible for ensuring
appropriate agency response to public requests for access to records.
However, the public shall not be denied access to records through
officials who have in the past been authorized to make records or
information available. Records access officers shall assure that personnel:
A.
The Supervisor, Town Hall, Cornwall, is designated as the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 49-6B, for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency.
B.
The fiscal officer shall make the payroll items listed
above available to any person, including bona fide members of the
news media, as required under § 88(1)(g), (1)(i) and (10)
of the Freedom of Information Law.[1]
[1]
Editor's Note: Former § 88 has been
renumbered. See now Public Officers Law, Art. 6, § 87.
Requests for public access to records shall
be accepted and records produced during all hours regularly open for
business. These hours are 9:00 a.m. to 12:00 noon and 1:00 p.m. to
4:30 p.m., Monday through Friday.
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.
Time for response.
(1)
Except under extraordinary circumstances, 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.
C.
Identification of records.
(1)
A request for access to records should be sufficiently
detailed to identify the records. Where possible, the requester should
supply information regarding dates, titles, file designations or other
information which may help identify the records.
(2)
However, a request for any or all records falling
within a specific category conforms to the standard that records be
identifiable.
D.
Subject matter 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. The list shall
be sufficiently detailed to permit the requester to identify the file
category of the records sought.
(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.
E.
No records may be removed by the requester from the
office where the record is located without the permission of the Supervisor
of the Town of Cornwall, Town Hall, Cornwall, New York.
A.
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.
If requested records are not provided promptly, as required in § 49-6B of these regulations, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall hear
appeals from denial of access to records under the Freedom of Information
Law: Town Board, Town of Cornwall, Town Hall, 183 Main Street, Cornwall,
New York, Telephone 914-534-3770.
D.
The time for deciding an appeal by the individual
or body designated to hear appeals shall commence upon receipt of
written appeal identifying:
(1)
The date of the appeal.
(2)
The date and location of the request for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or was by failure to provide records promptly as required by § 49-6B.
(5)
The name and return address of the requester.
E.
The individual or body designated to hear appeals
shall inform the requester of its decision in writing within seven
business days of receipt of an appeal.
B.
The charge for copies and/or certified copies is $0.25
for each page or portion thereof measuring up to nine inches by 14
inches or the actual cost of reproducing any other record, except
when a different fee is otherwise prescribed by statute.
[Amended 11-14-1977; 9-25-1989 by L.L. No. 4-1989]
C.
The charge for copies and/or certified copies of a record that requires a different medium for reproduction other than the medium described in Subsection B herein may be the actual cost of reproduction of the record, plus the hourly salary of the lowest qualified worker, if such reproduction time exceeds two hours, in accordance with New York Public Officers Law § 87.
[Added 3-9-2015 by L.L.
No. 2-2015]
A notice containing the job title or name and
business address of the records access officers and fiscal officer;
the name, job title, business address and telephone number of the
appeal person or persons or body; and the location where records can
be seen or copied, shall be posted in a conspicuous location wherever
records are kept and/or published in a local newspaper of general
circulation.