[Adopted 10-3-1974]
A.Â
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.Â
This article provides information concerning the procedures
by which records may be obtained from an agency, as defined by Subdivision
3 of § 86 of the Public Officers Law. No agency regulations
shall be more restrictive than this article.
D.Â
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
E.Â
Agencies shall amend existing regulations or adopt
new regulations to implement the Freedom of Information Law in conformity
with this article.
The Town Clerk, located in the Town Hall, shall
act as the records access officer and is responsible for assuring
that agency personnel:
[Amended 8-5-1993 by L.L. No. 4-1993]
A.Â
Town Clerk: Information may be obtained during regular
office hours, Monday through Friday, 9:00 a.m. to 4:00 p.m. Telephone
(914) 355-3841.
B.Â
Building Inspector: Information may be obtained 9:00
a.m. to 1:00 p.m., Monday through Friday. Telephone (914) 355-4040.
C.Â
Planning Board, or Town Board, if applicable: information
by appointment only. Telephone (914) 355-4050.
D.Â
Assessors: by appointment only. Telephone (914) 355-1553.
E.Â
Supervisor: by appointment only. Telephone (914) 355-4000.
F.Â
Tax Collector: Monday, Tuesday, Wednesday and Friday,
10:00 a.m. to 2:00 p.m., January 1 through March 31, by appointment.
Telephone (914) 355-2020.
G.Â
Justices: by appointment only. Telephone (914) 355-1313.
A.Â
An agency may require that a request be made in writing
or may make records available upon oral request.
B.Â
An agency shall respond to any request reasonably
describing the record or records sought within five business days
of receipt of the request.
C.Â
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.Â
If the agency does not provide or deny access to the
record sought within five business days of receipt of a request, the
agency 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.
The following records shall be available for
public inspection:
A.Â
Final options made in the adjudication of cases.
B.Â
Statements of policy and interpretations.
C.Â
Minutes of meetings and public hearings.
D.Â
Internal and external audits.
E.Â
Administrative staff manuals.
F.Â
Police blotters and booking records.
G.Â
Names, addresses, titles and salaries of officers
and employees (exception for officers and employees of law enforcement
agencies).
H.Â
Final determinations and dissenting opinions of members
of the governing body.
I.Â
Any other records, papers, documents or files required
by any other law to be made available for public inspection and copying.
B.Â
Denial of access shall be in writing, stating the
reason therefor and advising the person denied access of his or her
right to appeal to the person or body established to hear appeals,
and that person or body shall be identified by name, title, business
address and business telephone number. The records access officer
shall not be the appeals officer.
C.Â
If an agency fails to respond to a request within five business days of receipt of a request as required in § 132-4D of this article, such failure shall be deemed a denial of access by the agency.
D.Â
Any person denied access to records may appeal within
30 days of a denial.
F.Â
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:
[Amended 4-8-1993 by L.L. No. 2-1993]
Committee on Open Government
Department of State
162 Washington Avenue
Albany, New York 12231
|
G.Â
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.
[Amended 4-8-1993 by L.L. No. 2-1993]
Except when a different fee is otherwise prescribed
by law:
B.Â
An agency may provide copies of records without charging
a fee, or an agency may charge a fee for copies of records, provided
that:
(1)Â
The fee for copying records shall not exceed $0.25
per page for photocopies not exceeding nine inches by 14 inches. This
section shall not be construed to mandate the raising of fees where
agencies in the past have charged less than $0.25 for such copies.
(2)Â
In agencies which do not have photocopying equipment,
a transcript of the requested records shall be made upon request.
Such transcripts may either be typed or handwritten. In such cases,
the person requesting records may be charged for the clerical time
involved in making the transcript.
Each agency shall publicize by posting in a
conspicuous location and/or by publication in a local newspaper of
general circulation:
A.Â
The location where records shall be made available
for inspection and copying.
B.Â
The name, title, business address and business telephone
number of the designated records access officer.
C.Â
The right to appeal by any person denied access to
a record and the name and business address of the person or body to
whom an appeal is to be directed.