Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 2-28-1978. Amendments noted where applicable.]

§ 187-1 Statutory authorization; enactment.

In compliance with Article 6 of the Public Officers Law of the State of New York and with the rules and regulations of the New York State Committee on Public Access to Records, the Town Board of the Town of Oyster Bay has adopted these rules and regulations this 28th day of February 1978.

§ 187-2 Purpose.

A. 
The Town Board recognizes the people's right to know the process of government decisionmaking and the right to inspect documents and statistics leading to such determinations.
B. 
These rules and regulations provide information as to location of public records and procedures for their availability in accordance with Article 6 of the Public Officers Law of the State of New York, as amended.

§ 187-3 Records access officer.

[Amended 3-13-1984; 3-12-1991 by L.L. No. 1-1991]
The records access officer of the Town of Oyster Bay shall be the Town Clerk or his/her designee located at Town Hall, Audrey Avenue, Oyster Bay, New York 11771, and it shall be his duty and responsibility to:
A. 
Make certain that appropriate employees of the Town of Oyster Bay maintain a current subject matter list of records under their jurisdiction.
B. 
Assist the requester in identifying requested records, if necessary.
C. 
Make, within five business days of the receipt of a written request for a record reasonably described, such record available to the person requesting it, deny such request in whole, or in part, and explain in writing the reason therefor, or furnish a written acknowledgement of such receipt of the request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when such request will be granted or denied.
[Amended 3-28-2006 by L.L. No. 2-2006]
D. 
Upon request for copies of records:
(1) 
Make a copy available upon payment of $0.25 for each copy sheet of size not larger than 8 1/2 inches by 14 inches, and upon payment of the actual cost of reproduction for any size beyond said dimensions, as well as the actual cost for each printed or recorded document available under law; or
(2) 
Permit the requester to copy said 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.
(2) 
The records cannot be found after diligent search.
G. 
Post current rules and regulations in the office of the Town Clerk for public review.

§ 187-4 Location of records.

The Town Clerk shall keep and maintain a directory of records available for public inspection. Said directory will itemize records alphabetically by subject matter, designate its availability and place where reviewable.

§ 187-5 Hours for inspection.

Records shall be available for inspection during the regular business hours of the Town of Oyster Bay when open for town business, but in no event earlier than 9:00 a.m. nor later than 4:30 p.m. on said days.

§ 187-6 Requests for access.

A. 
Every request for a record must be made in writing.
B. 
Each request shall reasonably describe the record sought and whenever possible the requester should furnish information regarding dates, file designations or other information to better identify the record requested.
C. 
The records access officer or designee shall respond to any request for records within five business days of receipt of the request.
D. 
If the records access officer or designee determines to grant a request in whole or in part, and if circumstances prevent disclosure to the person requesting the record or records within 20 business days of the date of the acknowledgement of the receipt of the request, the records access officer or designee shall state, in writing, both the reason for the inability to grant the request within 20 business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part.
[Amended 3-28-2006 by L.L. No. 2-2006]

§ 187-7 Denial of access.

A. 
Any person denied access to records may appeal in writing within 30 days of a denial.
[Amended 3-28-2006 by L.L. No. 2-2006]
B. 
A denial of access shall be in writing, stating the reason therefor and advising the requester of his or her right to appeal to the appeals officer.
[Amended 3-28-2006 by L.L. No. 2-2006]
C. 
The appeals officer of the Town of Oyster Bay shall be the Town Attorney or his designee.
D. 
The time for deciding an appeal by the appeals officer shall commence upon receipt of a written appeal identifying:
(1) 
The date and location of a request for records.
(2) 
The records requested.
(3) 
The basis for denial.
(4) 
The name and address of appellant.
E. 
The appeals officer shall transmit a copy of an appeal to: Committee on Public Access to Records, Department of State, 162 Washington Avenue. Albany, New York 12231.
F. 
The appeals officer shall inform the appellant and the Committee on Public Access to Records of its determination, in writing, within 10 business days of receipt of an appeal.
[Amended 3-28-2006 by L.L. No. 2-2006]