Town of Richmond, NY Chapter 58 Records

[HISTORY: Adopted by the Town Board of the Town of Richmond as indicated in article histories. Amendments noted where applicable.]

Article I Public Access to Records

[Adopted 4-4-1989 by L.L. No. 1-1989]

§ 58-1 Purpose and scope.

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,[1] as well as records otherwise available by law.

[1] Editor's Note: See Art. 6 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.

§ 58-2 Designation of records access officer.

A. The Town Clerk shall be charged with the custody and keeping of town records and shall be known as the "records access officer," and the fiscal officer shall be the Town Supervisor.

B. Records access officers are responsible for ensuring appropriate agency response to public requests for access to records. The designation of 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. Records access officers shall ensure that 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 established fees, in accordance with § 58-8; 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 of Richmond is not the custodian for such records; or

(b) The records of which the Town of Richmond is a custodian cannot be found after diligent search.

§ 58-3 Location of records.

Records shall be available for public inspection and copying at:

Richmond Town Hall

8690 Main Street

Honeoye, N.Y. 14471

§ 58-4 Hours for public inspection.

Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are Monday through Friday, 9:00 a.m. to 4:00 p.m.

§ 58-5 Requests for access to records.

A. A written request may be required, but oral requests may be accepted when records are readily available.

B. 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. 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 records access officer does not provide or deny access to the record 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.

§ 58-6 Subject matter list.

A. The records access officer shall maintain a reasonably detailed current list, by subject matter, of all records in the officer's possession, whether or not records are available pursuant to Subdivision 2 of § 87 of the Public Officers Law.

[Amended 12-11-2001 by L.L. No. 2-2001]

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.

§ 58-7 Denial of access to records.

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 § 58-5D of these regulations, such failure shall also be deemed a denial of access.

C. Any person denied access to records may appeal within 30 days of a denial.

[Added 12-11-2001 by L.L. No. 2-2001]

D. The following person or persons or body shall hear appeals for denial of access to records under the Freedom of Information Law:

Town Board of the Town of Richmond P.O. Box 145 8690 Main Street Honeoye, NY 14471 [phone]

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 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 due to failure to provide records promptly as required by § 58-5D; and

(5) The name and return address of the requester.

F. The individual or body designated to hear appeals shall inform the requester of his or its decision in writing within 10 business days of receipt of an appeal.

G. The person or 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:

Committee on Open Government Department of State 162 Washington Avenue Albany, NY 12231

H. The person or body designated to hear appeals 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 G of this section.

[Amended 12-11-2001 by L.L. No. 2-2001]

I. A final denial of access to a requested record, as provided for in Subsection H of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.

[Added 12-11-2001 by L.L. No. 2-2001]

§ 58-8 Fees.

[Amended 3-10-2009 by L.L. No. 3-2009]

A. The fee for processing each request made pursuant to the Freedom of Information Law shall be $2.50.

B. The fee for photocopies not exceeding nine inches by 14 inches is $0.25 per page.

C. The fee for photocopies exceeding the dimensions set forth in Subsection B, and for tapes, electronic records, or other records, shall be the actual cost of reproduction incurred including document delivery.

§ 58-9 Public notice.

A notice containing the title or name and business address of the records access officer and appeals person or body and the location where records can be seen or copied shall be posted in a conspicuous location on the town's bulletin board in the Town Hall.