[HISTORY: Adopted by the Town Board of the Town of Pompey
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-9-1981 by L.L. No. 2-1981]
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, as well as records otherwise
available by 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 of the Town of Pompey is responsible for ensuring
compliance with the regulations herein and designates the following
person as records access officer: Town Clerk, Town Hall, Rt. 20, Pompey,
New York.
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 shall be available for public inspection and copying
at Pompey Town Hall, 8354 U.S. Rt. 20, R.D. Manlius, New York 13104.
[Amended 12-4-1995 by L.L. No. 5-1995]
Records shall be available for inspection during regular business
hours as established by the Town Clerk.
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.
A.
The records access officer shall maintain a reasonably detailed current
list by subject matter of all records in 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 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.
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 § 132-5D of this article, such failure shall also be deemed a denial of access.
C.
The Town Supervisor shall hear appeals for denial of access to records
under the Freedom of Information Law.
[Amended 12-4-1995 by L.L. No. 5-1995]
D.
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 § 132-5D.
(5)
The name and address of the requester.
E.
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.
[Amended 12-4-1995 by L.L. No. 5-1995]
F.
The person or body designated to hear appeals shall transmit to the
Committee on Public Access to Records copies of all appeals upon receipt
of appeals. 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 his or its determination in writing within 10 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.
[Amended 12-4-1995 by L.L. No. 5-1995]
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 wherever records are kept or published in a local newspaper
of general circulation.
[Adopted 12-30-1992]
In accordance with Article 57-A of the Arts and Cultural Affairs
Law:
A.
Only those records will be disposed of that are described in Records
Retention and Disposition Schedule MU-1 after they have met the minimum
retention period prescribed therein.
B.
Only those records will be disposed of that do not have sufficient
administrative, fiscal, legal or historical value to merit retention
beyond established time periods.
