Town of Colden, NY
Erie County
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[HISTORY: Adopted by the Town Board of the Town of Colden 2-27-1978 by resolution. Section 84-2D(1) and 84-3 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Amended 4-9-1992 by L.L. No. 1-1992]
The records access officer shall be the Town Clerk of the Town of Colden, the Deputy Town Clerk or the designated agent, in the absence of the Town Clerk.
The records access officer shall:
A. 
Maintain an up-to-date subject matter list.
B. 
Assist the requester in identifying requested records, if necessary.
C. 
Upon locating the records, take one of the following actions:
(1) 
Make records available for inspection; or
(2) 
Deny access to the records, in whole or in part, and explain, in writing, the reasons therefor.
D. 
Upon request for copies of records:
(1) 
Make a copy available upon payment of $0.25 per copy; or
[Amended 12-29-1984 by L.L. No. 1-1984]
(2) 
Permit the requester to copy those records.
E. 
Upon request, certify that a record is a true copy.
F. 
Upon failure to locate records, certify that:
(1) 
The town is not the custodian for such records; or
(2) 
The records of which the town is a custodian cannot be found after diligent search.
[Amended 12-29-1984 by L.L. No. 1-1984]
The town shall accept requests for public access to records during regular business hours at the Colden Town Hall.
A. 
The records access officer may require that a request be made, in writing, or may make records available upon oral request.
[Amended 4-9-1992 by L.L. No. 1-1992]
B. 
The records access officer shall respond to any request reasonably describing the record or records sought within five business days of receipt of the request.
[Amended 4-9-1992 by L.L. No. 1-1992]
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 the receipt of a request, the records access officer shall furnish a written acknowledgement 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 acknowledgement of receipt of a request, the request may be construed as a denial of access that may be appealed.
[Amended 4-9-1992 by L.L. No. 1-1992]
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.
[Amended 4-9-1992 by L.L. No. 1-1992]
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. 
The members of the Town Board are hereby appointed to hear appeals regarding denial of access to records.
[Amended 4-9-1992 by L.L. No. 1-1992]
B. 
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 Town Board.
C. 
If the records access officer fails to respond to a request within five business days of receipt of a request, such failure shall be deemed a denial of access by the town.
[Amended 4-9-1992 by L.L. No. 1-1992]
D. 
Any person denied access to records may appeal within 30 days of a denial.
E. 
The time for deciding an appeal by the Town Board shall commence upon receipt of 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.
F. 
The records access officer 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:
[Amended 4-9-1992 by L.L. No. 1-1992]
Committee on Public Access to Records
Department of State
162 Washington Avenue
Albany, New York 12231