[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 2-28-1978. Amendments noted where applicable.]
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.
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.
[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.
G.
Post current rules and regulations in the office of the Town Clerk
for public review.
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.
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.
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]
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.
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]
