[HISTORY: Adopted by the Town Board of the Town of Geneseo 4-13-1978. 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 shrouding it with the cloak of secrecy or confidentiality.
B. 
This chapter provides information concerning the procedures by which records may be obtained from the Town of Geneseo. The Town of Geneseo is hereinafter referred to as the "Town."
C. 
Town personnel shall furnish to the public the information and records required by the Freedom of Information Law,[1] as well as records otherwise available by law.
[1]
Editor's Note: See Article 6, § 84 et seq., of the Public Officers 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 shall be responsible for ensuring compliance with the regulations herein and shall designate one or more persons as records access officer by specific job title and business address, who shall have the duty of coordinating agency response to public requests for access to records. The designation of one or more records access officers shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so. The records access officer shall be the Town Clerk.
B. 
The records access officer is responsible for assuring that Town personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection; or
(b) 
Deny access to the records in whole or in part and explain in writing the reasons therefor.
(4) 
Upon request for copies of records:
(a) 
Make a copy available upon payment of or offer to pay established fees, if any; or
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The Town is not the custodian for such records; or
(b) 
The records of which the Town is a custodian cannot be found after diligent search.
The Town designates the location where records shall be available for public inspection and copying as the Town Clerk's office.
The Town shall accept requests for public access to records and produce records during all hours its office is regularly open for business.
A. 
The Town may require that a request be made in writing or may make records available upon oral request.
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 records sought.
D. 
If the Town does not provide or deny access to the record sought within five business days of receipt of a request, the Town agency shall furnish a written acknowledgment of receipt of the request for the record 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 acknowledgment of receipt of a request, the request 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 body to hear appeals regarding denial of access to records under the Freedom of Information Law.[1]
[1]
Editor's Note: See Art. 6, § 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 the Town fails to respond to a request within five business days of receipt of a request as required in § 81-5D of 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 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: 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, provided that
(1) 
The fee for copying records shall be $0.25 per page for photocopies not exceeding nine inches by 14 inches.
(2) 
The fee for copies of records not covered by Subsection B(1) of this section shall not exceed the actual reproduction cost, which is the average unit cost for copying a record, excluding fixed costs of the Town 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.