[Adopted 2-11-1975 (Ch. 74, Art. I of the 1971 Code)]
A.
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.
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 and those which
were furnished to the public prior to its enactment.
D.
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
[Amended 6-18-2013]
A.
The Clerk of the Common Council is responsible for ensuring compliance
with the regulations herein and is hereby designated as the City's
Records Access Officer.
B.
The Records Access Officer is responsible for ensuring appropriate departmental response to public requests for access to records and is further responsible for ensuring City compliance with the Freedom of Information Law, Public Officers Law § 84 et seq.
A.
The Treasurer, 16 James Street, is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 112-13B for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency.
[Amended 1-7-2008]
B.
The fiscal officer shall make the payroll items listed
above available to any person including bona fide members of the news
media as required under the Freedom of Information Law.
[Amended 4-23-2007 by L.L. No. 1-2007]
Records shall be available for public inspection
and copying at City Hall, 16 James St., Middletown, New York, or at
the location where they are kept.
Requests for public access to records shall
be accepted and records produced during all hours regularly open for
business. These hours are 8:30 a.m. to 4:30 p.m.
A.
Where a request for records is required, such request
may be oral or in writing. However, written requests shall not be
required for records that have been customarily available without
written request.
B.
Time limit for response to request.
(1)
Except under extraordinary circumstances, officials
shall respond to a request for records no more than five business
days after receipt of the request, whether the request is oral or
in writing.
(2)
If, because of extraordinary circumstances, more than
five business days are required to respond to a request, receipt of
the request shall be acknowledged within five business days after
the request is received. The acknowledgement shall state the reason
for delay and estimate the date when a reply will be made.
C.
A request for access to records should be sufficiently
detailed to identify the records. Where possible, the requester should
supply information regarding dates, titles, file designations or other
information which may help identify the records. However, a request
for any or all records falling within a specific category conforms
to the standard that records be identifiable.
D.
List of records.
(1)
A current list, by subject matter, of all records
produced, filed or first kept or promulgated after September 1, 1974,
shall be available for public inspection and copying. The list shall
be sufficiently detailed to permit the requester to identify the file
category of the records sought.
(2)
The subject matter list shall be updated periodically
and the date of the most recent updating shall appear on the first
page. The updating of the subject matter list shall not be less than
semiannual.
E.
No records may be removed by the requester from the
office where the record is located without the permission of the Clerk
of the Common Council.
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 individual or body established to hear appeals.
B.
If requested records are not provided promptly, as required in § 112-13B of these regulations, such failure shall also be deemed a denial of access.
C.
The following person, persons or body shall hear appeals
for denial of access to records under the Freedom of Information Law:
Common Council, City of Middletown, New York.
D.
The time for deciding an appeal by the body designated
to hear appeals shall commence upon receipt of written appeal identifying:
(1)
The date of the appeal.
(2)
The date and location of the requests for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or was by failure to provide records promptly as required by § 112-13B.
(5)
The name and return address of the requester.
E.
The body designated to hear appeals shall inform the
requester of its decision, in writing, within seven business days
of receipt of an appeal.
A notice containing the job title or name and
business address of the Records Access Officers and fiscal officer;
the name, job title, business address and telephone number of the
appeal person or persons or body; and the location where records can
be seen or copied, shall be posted in a conspicuous location wherever
records are kept and/or published in a local newspaper of general
circulation.
If any provision of these regulations or the
application thereof to any person or circumstances is adjudged invalid
by a court of competent jurisdiction, such judgment shall not affect
or impair the validity of the other provisions of these regulations
or the application thereof to other persons and circumstances.
