[HISTORY: Adopted by the Town Board of the
Town of Greenport 3-5-2014 by L.L.
No. 3-2014[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 28.
Police Department — See Ch. 32.
Town Clerk — See Ch. 39.
[1]
Editor's Note: This local law also superseded former Ch. 35,
Public Records, Access to, adopted 3-5-1975.
This chapter shall be entitled "A Local Law Adopting Regulations
Regarding the Freedom of Information Law and Article 6 of the Public
Officers Law."
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law.
The provisions of the Freedom of Information Law (Article 6
of the Public Officers Law), as amended, shall be applicable to the
Town of Greenport, as shall also the rules and regulations thereunder
adopted by the State Committee on Open Government, subject to the
rules and regulations now or hereafter adopted by the Town Board of
the Town of Greenport which are not more restrictive than those adopted
by the State Committee.
A.
The Town Clerk and Deputy Town Clerk are designated Records Access
Officers.
B.
The head of each Town department shall designate one or more persons
who shall have the duty of coordinating with the Records Access Officer
to respond to public requests for access to records. Upon referral
of a request from the Records Access Officer, the designated department
head or official shall produce responsive records, in any, and provide
them to the Records Access Officer who will, in turn, provide a formal
written response to the requester.
C.
The Records Access Officer shall do the following:
(1)
Maintain an up-to-date subject matter list;
(2)
Assign a reference number to each FOIL request, beginning with the
year and numbered consecutively from the first request of each year.
All responses to requested records shall include the assigned reference
number;
(3)
Refer the request to the appropriate Town department;
(4)
Assist the requester in identifying requested records, if necessary;
(7)
Upon request, certify that a record is a true copy;
(9)
Maintain a log of each request and applicable response.
A.
Freedom of information request form. The form to be used for all
requests made to the Town of Greenport or any of its officers or boards
under the Freedom of Information Law shall be that set form as Appendix
A to this chapter[1] until such time as another form or an amendment to that
form shall be approved by the Town Board. All requests made to the
Town of Greenport under that law shall be made on the approved form
only.
[1]
Editor's Note: Said appendix is on file in the Town offices.
B.
Upon referral of a FOIL request form, the Records Access Officer
shall respond to any request reasonably describing the record or records
sought within five business days of receipt of the request. If the
Records Access Officer does not provide or deny access to the record
sought within five business days of receipt of a request, the Records
Access Officer shall furnish a statement of the approximate date when
the request will be granted or denied. Nothing in this chapter shall
be construed to require the Town to prepare any record it does not
already possess or maintain.
C.
After locating the record, the Records Access Officer, before permitting
inspection, furnishing copies, or permitting copies to be made, may
delete any information which would constitute personal or proprietary
information of any individual or business.
D.
Compliance with Article 6 of the Public Officers Law. It shall be
the responsibility of the Records Officer to comply with the requirements
set forth in Article 6 of the Public Officers Law which are hereby
adopted by reference by the Town of Greenport and made part of this
chapter.
Any person denied access to a record may, within 30 days, appeal
in writing such denial to the Town Board, or to the person therefor
designated by the Town Board, who shall within 10 business days of
the receipt of such appeal fully explain in writing to the person
requesting the record the reasons for further denial, or provide access
to the record sought.
Fees for photocopies of records shall be $0.25 per page.
Records may be inspected at the office of the Town Clerk on
regular business days between the hours of 10:00 a.m. and 12:00 noon
and 1:00 p.m. and 3:00 p.m.