[HISTORY: Adopted by the Town Board of the Town of South Bristol:
Art. I, 6-13-1983, amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. I); Art. II, 3-13-1989. Susequent amendments
noted where applicable.]
[Adopted 6-13-1983; amended in
its entirety at time of adoption of 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 (§ 84 et
seq. of the Public Officers Law), as well as records otherwise available by
law.
D. Any conflict 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 South Bristol 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.
B. The records access officer 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 (1) of the following
actions:
(a) Make records available for inspection.
(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 or offer to pay established fees, if any, in accordance with §
130-8; 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 South Bristol is not the custodian for such
records; or
(b) The records of which the Town of South Bristol is a custodian
cannot be found after diligent search.
Records shall be available for public inspection and copying at the
office of the Town Clerk, 6500 Gannett Hill Road West, Naples, New York.
Requests for public access to record shall be accepted and records produced
during all hours that the Clerk's office is regularly open for business.
A. A written request may be required, but oral requests
may be accepted.
B. A response shall be given regarding any request reasonably
describing the record or records sought within five (5) business days of receipt
of the request.
C. 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. If the records access officer does not provide or deny
access to the records sought within five (5) 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 ten (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 or her 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 §
130-5D of this chapter, such failure shall also be deemed a denial of access.
C. The Town Board shall hear appeals for denial of access
to records under the Freedom of Information Law. Such appeals shall be made
within thirty (30) days of a denial.
D. The time for deciding an appeal by the body designated
to hear appeals shall commence upon receipt of a written appeal identifying:
(2) The date and location of the request 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 §
130-5D.
(5) The name and return address of the requester.
E. 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. The Town Board shall inform the appellant and the Committee on Open Government of its determination, in writing, within ten (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.
A. There shall be no fee charged for:
(3) Any certification pursuant to this chapter.
B. The fee for photocopies not exceeding eight and one-half
by fourteen (81/2 x 14) inches is twenty-five cents ($0.25) per page.
C. The fee for copies of records not covered by Subsections
A and
B of this section shall not exceed the actual reproduction cost (which is the average unit cost for copying a record, excluding fixed costs of the town, such as operator salaries).
A notice containing the title or name and business address of the records
access officer and appeals 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.
Records Retention and Disposition Schedule MU-1, issued pursuant to
Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum
retention periods for municipal government records, is hereby adopted for
use by all municipal officers in disposing of municipal government records
listed therein.
In accordance with Article 57-A:
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.