Town of Wales, NY Chapter 164 Records, Public Access to

[HISTORY: Adopted by the Town Board of the Town of Wales 5-11-1993 by L.L. No. 1-1993. Amendments noted where applicable.]

GENERAL REFERENCES

Records retention — See Ch. 55.

§ 164-1 Designation of records access officer.

The records access officer shall be the Town Clerk of the Town of Wales, the Deputy Town Clerk or the designated agent in the absence of the Town Clerk, with offices at the Town Hall, 12345 Big Tree Road, Wales Center, New York 14169.

§ 164-2 Powers and duties of records access officer.

The records access officer shall ensure the following:

A. Maintenance of a current subject matter list.

B. Assistance to the requestor in identifying the requested records, if necessary.

C. Upon locating the records, taking one of the following actions:

(1) Making records available for inspection.

(2) Denying access to the records in whole or in part and explaining, in writing, the reasons therefor.

D. Upon request for copies of records, making such copies available upon payment of the established fees. Such copies shall be available within three business days following the request.

E. Upon request, certifying that the record is a true copy.

F. Upon failure to locate a record, certifying that:

(1) The Town of Wales is not the custodian for such records; or

(2) Records of which the Town of Wales is the custodian cannot be found after diligent search.

§ 164-3 Location; hours.

Records shall be available for public inspection and copying at the Wales Town Hall, 12345 Big Tree Road, Wales Center, New York 14169, on any business day between 9:00 a.m. and 4:00 p.m. or during all hours in which the Town Clerk is regularly open for business.

§ 164-4 Requests for records.

A. All requests shall be in writing.

B. A response shall be given regarding such request, which reasonably describes the record or records sought, within five business days of receipt of the written request.

C. A request shall reasonably describe the record or records sought. A person requesting records shall supply information regarding dates, file designations or other information which may be of assistance in describing the records sought.

D. If the records access officer fails to grant or deny access to records within 10 business days after receipt of a written request, the request may be construed as a denial of access that may be appealed.

§ 164-5 Subject matter list.

A. The records access officer shall maintain a reasonably detailed current list by subject matter of records within his 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 records sought and shall be updated when necessary.

§ 164-6 Denial of access.

A. The governing body of a public corporation or the head, chief executive or governing body of other agencies 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 Article 6 of the Public Officers Law.

B. If requested records are not provided as required in these regulations, such failure shall be deemed a denial of access.

C. The Supervisor of the Town of Wales shall hear appeals for denial of access to records.

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 agency shall transmit to the Committee on Open Government copies of all appeals upon receipt of an appeal. Such copies shall be addressed to:

Committee on Open Government 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 Open Government of its determination, in writing, within seven 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 F of this section.

§ 164-7 Fees.

Copies of records shall be provided upon prepayment of $0.25, or an amount determined by the Town Board from time to time, per page for photocopies not exceeding 8 1/2 inches by 17 inches. In the event that the record is larger than 8 1/2 inches by 17 inches, the fee shall not exceed the actual reproduction cost, which is the average unit cost for copying a record, excluding fixed costs to the Town such as the operator's salary.

§ 164-8 Notice.

A notice containing the title or name and business address of the record access officer and appeals person and the location where records can be seen shall be published in a local newspaper of general circulation. Such notice may be posted in a conspicuous location where records are kept.