[HISTORY: Adopted by the Town Board of the
Town of Dover during codification 2-11-1991 by L.L. No. 3-1991;
amended in its entirety 10-24-2012 by L.L. No. 6-2012. Subsequent amendments
noted where applicable.]
A.
The people's right to know the process of government decisionmaking
and the documents and statistics leading to determination 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.
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 is responsible for ensuring compliance with the regulations
herein and designates the following person as the Records Access Officer:
Town Clerk, 126 East Duncan Hill Rd., Dover Plains, NY.
B.
The Records Access Officer is responsible for ensuring 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 doing so.
Records shall be available for public inspection and copying
at the Town Clerk's office, 126 East Duncan Hill Rd., Dover Plains,
NY.
Requests for public access to records shall be accepted in person,
in writing or by fax or e-mail, and records produced during all hours
that the Clerk's office is regularly open for business.
A.
A written request may be required, but oral, faxed and e-mailed requests
may be accepted when records are readily available.
B.
A response shall be given within five business days of receipt of
any request reasonably describing the record or records sought. The
response shall also:
(1)
Inform the requester that the request does not reasonably describe
the records sought, including direction, to the extent possible, that
would enable the person to request records reasonably described;
(2)
Grant or deny access to the records in whole or part;
(3)
Acknowledge receipt of the request in writing, including an approximate
date when the request will be granted or denied in whole or in part;
(4)
If receipt of the request was acknowledged in writing including an
approximate date when the request would be granted but circumstances
prevent disclosure within that time, the response will provide a reason
for the inability and a date within a reasonable period when the request
will be granted in whole or in part.
C.
A request shall reasonably describe the record/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 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 of
receipt of a request, the request may be construed as a denial of
access that may be appealed.
A.
The Records Access Officer shall maintain a reasonably detailed current
list by subject matter of all records in his or her possession, whether
or not records are available pursuant to § 87, Subdivision
2, of the Public Officers Law.
B.
The subject matter list shall be sufficiently detailed to permit
identification of the category of the record sought.
C.
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.
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
body established to hear appeals.
B.
If requested records are not provided promptly, as required in § 23-5D of this chapter, such failure shall also be deemed a denial of access.
C.
The Supervisor shall hear appeals for denial of access to records
under the Freedom of Information Law.
D.
The time for deciding an appeal by the person designated to hear
appeals shall commence upon receipt of a 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 due to failure to provide records promptly as required by § 23-5D.
(5)
The name and return address of the requester.
E.
The person designated to hear appeals shall inform the requester
of his decision, in writing, within 10 business days of an appeal.
F.
The person designated to hear appeals shall immediately forward to
the Committee on Open Government copies of all appeals upon receipt
and ensuing determination thereon.
The following fees shall be charged:
A.
Inspection of records; no fee.
B.
Search for records; no fee.
E.
Fees for copies of records other than photocopies which are nine
inches by 14 inches or less in size shall be the actual copying cost,
excluding fixed agency costs such as salaries, except when a different
fee is otherwise prescribed by statute.
F.
The fee an agency may charge for a copy of any other record is based
on the actual cost of reproduction and may include only the following:
(1)
An amount equal to the hourly salary attributed to the lowest paid
employee who has the necessary skill required to prepare a copy of
the requested record, but only when more than two hours of the employee's
time is necessary to do so; and
(2)
The actual cost of the storage devices or media provided to the person
making the request in complying with such request; or
(3)
The actual cost to the agency of engaging an outside professional
service to prepare a copy of a record, but only when an agency's
information technology equipment is inadequate to prepare a copy,
and if such service is used to prepare the copy.
(4)
When an agency has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from nonelectronic records, the agency shall be required to retrieve or extract such record or data electronically. In such case, the agency may charge a fee in accordance with Subsection F(1) and (2) above.
(5)
An agency shall inform a person requesting a record of the estimated
cost of preparing a copy of the record if more than two hours of an
agency employee's time is needed, or if it is necessary to retain
an outside professional service to prepare a copy of the record.
(6)
An agency may require that the fee for copying or reproducing a record
be paid in advance of the preparation of such copy.
A notice containing the title or name and business address of
the Records Access Officers and appeals body and the location where
records can be seen or copies shall be posted in a conspicuous location
wherever records are kept.
