[HISTORY: Adopted by the Town Board of the
Town of Barre at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Records retention and disposition — See
Ch. 64.
A.
The people's right to know the process of government
decisionmaking and the documents and statistics leading to determination
is basic to our society. Access to such information should not be
thwarted by shrouding it with the cloak of secrecy or confidentiality.
B.
This chapter provides 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 (Article 6
of the Public Officers 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 Barre Town Board is responsible for insuring compliance
with the regulations herein, and designates the following person as
records access officer: the Barre Town Clerk, whose business address
is 14317 West Barre Road, Albion, New York 14411.
B.
The records access officer is responsible for insuring
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. The records access officer shall insure that agency personnel:
(1)
Maintain an up-to-date subject matter list.
(2)
Assist persons seeking records to identify the records
sought, if necessary, and when appropriate, indicate the manner in
which the records are filed, retrieved or generated to assist persons
in reasonably describing records.
(3)
Contact persons seeking records when a request is
voluminous or when locating the records involves substantial effort,
so that personnel may ascertain the nature of records of primary interest
and attempt to reasonably reduce the volume of records requested.
(6)
Upon request, certify that a record is a true copy;
and
Records shall be available for public inspection
and copying at 14317 West Barre Road, Albion, New York 14411.
Requests for public access to records shall
be accepted and records produced during all hours regularly open for
business. These hours are:
A.
A written request may be required, but oral requests
may be accepted when records are readily available.
B.
If records are maintained on the Internet, the requester
shall be informed that the records are accessible via the Internet
and in printed form either on paper or other information storage medium.
C.
A response shall be given within five business days
of receipt of a request by:
(1)
Informing a person requesting records that the request
or portion of the request does not reasonably describe the records
sought, including direction, to the extent possible, that would enable
that person to request records reasonably described;
(2)
Granting or denying access to records in whole or
in part;
(3)
Acknowledging the receipt of a request in writing,
including an approximate date when the request will be granted or
denied in whole or in part, which shall be reasonable under the circumstances
of the request and shall not be more than 20 business days after the
date of the acknowledgment, or if it is known that circumstances prevent
disclosure within 20 business days from the date of such acknowledgment,
providing a statement in writing indicating the reason for inability
to grant the request within that time and a date certain, within a
reasonable period under the circumstances of the request, when the
request will be granted in whole or in part; or
(4)
If the receipt of a request was acknowledged in writing
and included an approximate date when the request would be granted
in whole or in part within 20 business days of such acknowledgment,
but circumstances prevent disclosure within that time, providing a
statement in writing within 20 business days of such acknowledgment
specifying the reason for the inability to do so and a date certain,
within a reasonable period under the circumstances of the request,
when the request will be granted in whole or in part.
D.
In determining a reasonable time for granting or denying
a request under the circumstances of a request, personnel shall consider
the volume of a request, the ease or difficulty in locating, retrieving
or generating records, the complexity of the request, the need to
review records to determine the extent to which they must be disclosed,
the number of requests received by the agency, and similar factors
that bear on the ability to grant access to records promptly and within
a reasonable time.
E.
A failure to comply with the time limitations described
herein shall constitute a denial of a request that may be appealed.
Such failure shall include situations in which an officer or employee:
(1)
Fails to grant access to the records sought, fails
to deny access in writing or fails to acknowledge the receipt of a
request within five business days of the receipt of a request;
(2)
Acknowledges the receipt of a request within five
business days but fails to furnish an approximate date when the request
will be granted or denied in whole or in part;
(3)
Furnishes an acknowledgment of the receipt of a request
within five business days with an approximate date for granting or
denying access in whole or in part that is unreasonable under the
circumstances of the request;
(4)
Fails to respond to a request within a reasonable
time after the approximate date given or within 20 business days after
the date of the acknowledgment of the receipt of a request;
(5)
Determines to grant a request in whole or in part
within 20 business days of the acknowledgment of the receipt of a
request, but fails to do so, unless the agency provides the reason
for its inability to do so in writing and a date certain within which
the request will be granted, in whole or in part;
(6)
Does not grant a request in whole or in part within
20 business days of the acknowledgment of the receipt of a request
and fails to provide the reason in writing explaining the inability
to do so and a date certain by which the request will be granted in
whole or in part;
(7)
Responds to a request, stating that more than 20 business
days is needed to grant or deny the request in whole or in part and
provides a date certain within which that will be accomplished, but
such date is unreasonable under the circumstances of the request.
A.
The records access officer shall maintain a reasonably
detailed current list by subject matter of all records in its 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 annually.
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 determine appeals, who or
which shall be identified by name, title, business address and business
phone number.
B.
If requested records are not provided promptly as
required in § 261-5 of this chapter, such failure shall
also be deemed a denial of access.
C.
The following body shall determine appeals regarding
denial of access to records under the Freedom of Information Law:
Barre Town Board, 14317 West Barre Road, Albion, New York 14411, phone
(585) 589-5100, extension 6.
D.
Any person denied access to records may appeal within
30 days of denial.
E.
The time for deciding an appeal by the individual
or body designated to determine appeals shall commence upon receipt
of a written appeal identifying:
F.
A failure to determine an appeal within 10 business
days of its receipt by granting access to the records sought or fully
explaining the reasons for further denial in writing shall constitute
a denial of the appeal.
G.
The body designated to determine 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
41 State Street
Albany, New York 12231
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H.
The body designated to determine 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 Subsection G of this section.
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.