[Code 1964, § 2-111]
(a)
The government of the City recognizes the people's right to know
the process of government decisionmaking and that the right of access
to 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)
This article provides information concerning the procedures by which
records may be obtained from the government of the City.
(c)
City personnel shall furnish to the public the information and records
required by the Freedom of Information 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.
[Code 1964, § 2-112]
(a)
The Common Council and the Mayor shall ensure compliance with this
article. The Common Council and the Mayor shall designate a records
access officer who shall coordinate departmental response to public
requests for access to records. The designation shall be by resolution
of the Common Council following an agreement by and between the Common
Council and the Mayor as to the person to be designated as records
access officer.
(b)
(c)
The designation of one or more 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.
[Code 1964, § 2-113]
The City has established a copy center in City Hall and public
records shall be copied at the copy center only. Inspection of records
shall be, whenever practicable, where the records are actually kept
within the offices and departments of the City government. The records
access officer will oversee and be present at all times when records
of the City are being copied at the copy center.
[Code 1964, § 2-114]
(a)
Each department of the City government shall accept requests for
public access to records and produce records during all hours they
are regularly open for business.
(b)
In City departments 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. The procedure shall include
the name, position, address and phone number of the party to be contacted
for the purpose of making an appointment.
[Code 1964, § 2-115]
The City may require that a request for records be made in writing
or may make records available upon oral request, depending on the
scope and nature of the request. The City shall respond to any request
reasonably describing the records sought within five business days
of receipt of the request. A request shall reasonably describe the
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. If the City does not
provide or deny access to the records sought within five business
days of receipt of a request, the City 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.
[Code 1964, § 2-116]
The City shall attempt to maintain a reasonably detailed current
list by subject matter of all records in its possession, by department,
whether or not records are available pursuant to Subdivision 2 of
Section 87 of the Public Officers 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.
[Code 1964, § 2-117]
(a)
If the records access officer fails to respond to a request for public records within five business days of receipt of a request as required in Section 2-2-125, failure shall be deemed a denial of access by the City. A denial of access to public records by the records access officer shall be in writing, stating the reason for denial and advising the person denied access of the right to appeal to the Common Council committee established for that purpose.
(b)
Any person denied access to records may appeal within 30 days of
a denial. All appeals regarding denial of access to records under
the Freedom of Information Law [Public Officers Law § 84
et seq.] shall be heard by a committee of Council members appointed
by the majority leader of the Common Council for that purpose.
(c)
The records access officer of the City shall transmit to the committee
on open government copies of all appeals upon receipt of an appeal.
These copies shall be addressed to:
|
Committee on Open Government
Department of State
162 Washington Avenue
Albany, New York 12231
|
(e)
The Common Council committee 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 (c) of this section.
[Code 1964, § 2-118; amended 3-17-2021 by Ord. No. 8]
(a)
The fee for copying records shall be $0.25 per page for photocopies
not exceeding nine inches by 14 inches.
(b)
The fee for copies of records not covered by Subsection (a) of this section shall not exceed the actual reproduction cost, which is the average unit cost for copying a record.
(c)
Determination of cost.
(1)
In determining the actual cost of reproducing a record, the fee may
include only:
a.
An amount equal to the hourly salary attributed to the lowest paid
agency employee who has the necessary skill required to prepare a
copy of the requested record, subject to the provisions of Subsection
(c)(2) of this section;
b.
The actual cost of the storage devices or media provided to the person
making the request in complying with such request;
c.
The actual cost of engaging an outside professional service to prepare
a copy of a record when, due to lack of technology and/or capability,
no City employee is able to do so.
(2)
Preparing a copy shall not include search time or administrative
costs, and no fee shall be charged unless at least two hours of employee
time is needed to prepare a copy of the record requested.
(d)
A person requesting a record shall be informed of the estimated cost
of preparing a copy of the record if more than two hours of an agency
employee’s time is needed, or if an outside professional service
would be retained to prepare a copy of the record.
[Code 1964, § 2-119]
The City shall post in a conspicuous location in City Hall a
notice setting forth the following information regarding public records:
