Town of Colonie, NY Records, Public Access to

[HISTORY: Adopted by the Town Board 4-26-1979 by L.L. No. 2-1979. Amendments noted where applicable.]

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.

These regulations provide information concerning the procedures by which records may be obtained from an agency of the Town of Colonie.

Agency 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 Article 6 of the Public Officers Law.

Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

Town agencies shall amend existing regulations or adopt new regulations in conformity with these regulations.

§ 147-2 Definitions.

As used herein, the following words shall have the meanings below set forth:

AGENCY

The Town of Colonie and its departments, divisions, offices, bureaus and boards or commissions created or appointed by the Town Board, and any special or improvement district other than one having a separately elected governing body.

FREEDOM OF INFORMATION COMMITTEE

A committee of the Town Board composed of two Town Board members, the Supervisor and the Town Attorney.

RECORD

Any information kept, held, filed, produced or reproduced by, with or for an agency or the state legislature in any physical form whatever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.

§ 147-3 Records access officers.

The Town of Colonie is responsible for ensuring uniform compliance with the regulations herein by all agencies of the Town government and designates the following persons as records access officers. The designation of such 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.

	Department	Officer
	Assessor Memorial Town Hall Newtonville, New York	Town Assessor
	Assessment Review Board Memorial Town Hall Newtonville, New York	Chairman
	Attorney Memorial Town Hall Newtonville, New York	Town Attorney
	Building Department Memorial Town Hall Newtonville, New York	Building Inspection Supervisor
	Comptroller Memorial Town Hall Newtonville, New York	Town Comptroller
	Community Development Memorial Town Hall Newtonville, New York	Community Development Program Coordinator
	Conservation Advisory Board Memorial Town Hall Newtonville, New York	Secretary
	Consumer Protection Memorial Town Hall Newtonville, New York	Consumer Protection Investigator
	Fire Prevention Memorial Town Hall Newtonville, New York	Chief Fire Inspector
	Fire Protection Board Memorial Town Hall Newtonville, New York	Secretary
	Health Memorial Town Hall Newtonville, New York	Registered Professional Nurse
	Highway Department 748 Watervliet Shaker Road Latham, New York	Town Superintendent of Highways
	Highway Safety Committee Memorial Town Hall Newtonville, New York	Chairman
	Historian Memorial Town Hall Newtonville, New York	Town Historian
	Industrial Development Agency Memorial Town Hall Newtonville, New York	Chairman
	Justice Department Memorial Town Hall Newtonville, New York	Clerk of the Court
	Latham Water District 312 Wolf Road Latham, New York	Water District Superintendent
	Library 629 Albany Shaker Road Loudonville, New York	Library Director IV
	Personnel Department Memorial Town Hall Newtonville, New York	Employee Relations Officer and Personnel Officer
	Planning Board Memorial Town Hall Newtonville, New York	Planning and Development Coordinator
	Planning Department Memorial Town Hall Newtonville, New York	Planning and Development Coordinator
	Police Department Memorial Town Hall Newtonville, New York	Police Chief
	Purchasing Department Memorial Town Hall Newtonville, New York	Director of Purchasing
	Pure Waters Department Wade Road Latham, New York	Sewer District Superintendent
	Recreation and Parks Schermerhorn Road Cohoes, New York	Recreation and Parks Superintendent
	Senior Citizen Advisory Board Memorial Town Hall Newtownville, New York	Chairman
	Supervisor Memorial Town Hall Newtonville, New York	Town Supervisor
	Tax Department Memorial Town Hall Newtonville, New York	Receiver of Taxes and Assessments
	Town Clerk Memorial Town Hall Newtonville, New York	Town Clerk
	Youth Bureau 1653 Central Avenue Albany, New York	Youth Bureau Director
	Youth Bureau Advisory Board 1653 Central Avenue Albany, New York	Chairman
	Zoning Board of Appeals Memorial Town Hall Newtonville, New York	Chairman

Records access officers are responsible for assuring that agency personnel:

(1)

Maintain an up-to-date subject-matter list of records.

(2)

Assist the requester in identifying requested records, if necessary.

(3)

Upon locating the records, take one of the following actions:

(a)

Make records promptly 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 or offer to pay established fees, if any; or

(b)

Permit the requester to copy those records.

(5)

Upon request, certify that a transcript is a true copy of records copied.

(6)

Upon failure to locate records, certify that:

(a)

The particular agency is not the legal custodian for such records; or

(b)

The records of which the agency is a legal custodian, after diligent search cannot be found.

§ 147-4 Location.

Each agency shall designate the locations where records shall be available for public inspection and copying.

§ 147-5 Hours for inspection.

Each agency shall accept requests for public access to records and produce records during all hours it is regularly open for business.

In agencies which do not have daily regular business hours, a written procedure shall be established by which a person may arrange an appointment to inspect and copy records. Such procedure shall include the name, position, address and phone number of the party to be contacted for the purpose of making an appointment.

§ 147-6 Requests for access to records.

An agency may require that a request be made in writing or may make records available upon oral request.

An agency shall respond to any request reasonably describing the record or records sought within five business days of receipt of the request.

A request shall reasonably describe the record or records sought. Whenever possible a person requesting records should supply information regarding dates, file designation or other information that may help to describe the records sought.

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 or 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.

§ 147-7 Subject matter list.

Each agency shall maintain a reasonably detailed current list by subject matter of all records in its possession, whether or not such records are available pursuant to the Freedom of Information Law.

The subject-matter list shall be sufficiently detailed to permit identification of the category of the record sought.

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.

§ 147-8 Denial of access; appeals.

The following person shall hear appeals for denial of access to records under the Freedom of Information Law: the Town Attorney of the Town of Colonie, Memorial Town Hall, Newtonville, New York 12128; however, the Supervisor of the Town of Colonie shall hear appeals for denial of access to records from the Town Attorney's office.

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 identified in Subsection A.

If an agency fails to respond to a request within five business days of receipt of a request as required in § 147-6D, such failure shall be deemed a denial of access by the agency.

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

The time for deciding an appeal by the individual designated to hear appeals shall commence upon receipt of a written appeal identifying:

(1)

The date and location of a request for records;

(2)

The records that were denied; and

(3)

The name and return address of the appellant.

The Town Attorney or Town Board shall transmit to the Committee on Public Access to Records copies of all appeals upon receipt of an appeal. Such copies shall be addressed to:

Committee on Public Access to Records

Department of State

162 Washington Avenue

Albany, New York 12231

The person designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of his determination, in writing, within seven 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.

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

§ 147-9 Fees.

There shall be no fee charged for the following:

(1)

Inspection of records.

(2)

Search for records.

(3)

Any certification pursuant to these regulations.

An agency may provide copies of records without charging a fee.

An agency may charge a fee for copies of records, provided that:

(1)

The fee for copying records shall not exceed $0.25 per page for photocopies not exceeding nine inches by 14 inches. This subsection 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)

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.

(3)

The fee for copies of records not covered by Subsection C(1) and (2) shall not exceed the actual reproduction cost, which is the average unit cost for copying a record, excluding fixed costs of the agency, such as operator salaries.

§ 147-10 Public notice.

Each agency shall publicize by posting in a conspicuous location:

The location where records shall be made available for inspection and copying.

The name, title, business address and business telephone number of the designated records access officer.

The right to appeal by any person denied access to record, and the name and business address of the person or body to whom an appeal is to be directed.

§ 147-11 Promulgation of rules and regulations.

The Town Board of the Town of Colonie is hereby authorized to adopt such rules and regulations as they deem necessary to implement this chapter, provided that the rules and regulations are consistent herewith.

Any such rules and regulations shall be filed in the office of the Town Clerk and made available for public inspection.

§ 147-12 Freedom of Information Committee.

A Freedom of Information Committee shall be and it hereby is established.

The purpose of this Committee is to oversee the implementation of this chapter and to make recommendations for any rules and regulations which the Committee deems advisable for implementation of this chapter.

Membership of the Committee shall consist of at least two Town Board members, the Supervisor and the Town Attorney. Additional members may be added, and they shall be appointed by the Supervisor with the approval of the Town Board. Members shall serve terms of one year and, thereafter, be appointed on an annual basis.