[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.Â
The People's right to know the process of government
decisionmaking 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.Â
These regulations provide information concerning the
procedures by which records may be obtained.
C.Â
Personnel shall furnish to the public the information
and records required by the Freedom of Information Law (§ 84 et
seq. of the Public Officers Law), as well as records otherwise available by
law.
D.Â
Any conflict among laws governing public access to records
shall be construed in favor of the widest possible availability of public
records.
A.Â
The Town Board of the Town of Guilderland is responsible
for ensuring compliance with the regulations herein and designates the Town
Clerk and, in his or her absence, the Deputy Town Clerk as records access
officer, who shall be responsible for ensuring appropriate agency response
to public requests for access to records. The designation of a 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
continuing to do so.
Records shall be available for public inspection and copying at the
office of the Town Clerk, Town Hall, Route 20, Guilderland, New York.
Requests for public access to records shall be accepted and records
produced during all hours that the Clerk's office is regularly open for business.
A.Â
A written request may be required, but oral requests
may be accepted.
B.Â
A response shall be given regarding any request reasonably
describing the record or records sought within five business days of receipt
of the request.
C.Â
A request shall reasonably describe the record or records
sought. Wherever possible, a person requesting records should supply information
regarding dates, file designations or other information that may help to describe
the records sought.
D.Â
If the records access officer does not provide or deny
access to the records sought within five business days of receipt of a request,
he or she shall furnish a written acknowledgment 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 acknowledgment of receipt of a request, the request
may be construed as a denial of access that may be appealed.
A.Â
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.Â
If requested records are not provided promptly, as required in § 89-12D of this article, such failure shall also be deemed a denial of access.
C.Â
The Town Board shall hear appeals for denial of access
to records under the Freedom of Information Law. Such appeals shall be made
within 30 days of a denial.
D.Â
The time for deciding an appeal by the body designated
to hear appeals shall commence upon receipt of a written appeal identifying:
(1)Â
The date of the appeal.
(2)Â
The date and location of the request for records.
(3)Â
The records to which the requester was denied access.
(4)Â
Whether the denial of access was in writing or due to failure to provide records promptly as required by § 89-12D.
(5)Â
The name and return address of the requester.
E.Â
The body designated to hear appeals shall transmit to
the Committee on Open Government copies of all appeals upon receipt of appeals.
Such copies shall be addressed to the Committee on Open Government, Department
of State, 162 Washington Avenue, Albany, New York 12231.
F.Â
The Town Board shall inform the appellant and the Committee on Open Government of its determination, in writing, within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection E of this section.