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Town of Aurora, NY
Erie County
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Table of Contents
Table of Contents
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[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:
A. 
Maintain an up-to-date subject matter list.
B. 
Assist the requester in identifying requested records, if necessary.
C. 
Upon locating the records, take one of the following actions:
(1) 
Make records available for inspection; or
(2) 
Deny access to the records in whole or in part and explain, in writing, the reasons therefor.
D. 
Upon request for copies of records:
(1) 
Make a copy available upon payment or offer to pay established fees, if any; or
(2) 
Permit the requester to copy those records.
E. 
Upon request, certify that a record is a true copy.
F. 
Upon failure to locate records, certify that:
(1) 
The agency is not the custodian for such records; or
(2) 
The records of which the agency is a custodian cannot be found after diligent search.
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. 
A request may be made orally or in writing for records available under this chapter.
B. 
The Town shall respond to any request reasonably describing the record or records sought within five business days of receipt of the request.
C. 
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. 
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. 
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. 
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. 
The Town Board shall hear appeals or shall designate a person or board to hear appeals regarding denial of access to records under the Freedom of Information Law.[1]
[1]
Editor's Note: See § 84 et seq. of the Public Officers Law.
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 in this chapter, such failure shall be deemed a denial of access by the Town.
D. 
Any person denied access to records may appeal within 30 days of a denial.
E. 
The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of a written appeal identifying:
(1) 
The date and location of a request for records.
(2) 
The records that were denied.
(3) 
The name and return address of the appellant.
F. 
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. 
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.
H. 
A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
Except when a different fee is otherwise prescribed by law:
A. 
There shall be no fee charged for the following:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this chapter.
B. 
The Town may charge a fee for copies of records as follows:
(1) 
The fee for copying records shall not exceed $0.25 per page for photocopies not exceeding 9 x 14 inches.
(2) 
The fee for copies of records not covered by Subsection B(1) of this section shall not exceed the reproduction cost, which is the average unit cost for copying a record, excluding fixed costs of the agency such as operator salaries.
The Town shall publicize, by posting in a conspicuous location and/or by publication in a local newspaper of general circulation:
A. 
The location where records shall be made available for inspection and copying.
B. 
The name, title, business address and business telephone number of the designated records access officer.
C. 
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.