Albany County, NY Chapter 455 Records, Public Access to

[HISTORY: Adopted by the Albany County Legislature 3-13-1978 by Res. No. 58-1978. Amendments noted where applicable.]

§ 455-1 Adoption of statutory provisions.

The provisions of Article 6 of the Public Officers Law, known as the "Freedom of Information Law," and any general rules and regulations which may be promulgated by the Committee on Public Access to Records, are hereby adopted and incorporated herein by reference for all agencies of the County of Albany.

§ 455-2 Authority to accept and process requests.

To assure expeditious and efficient response to all requests for access to public records, the County Clerk, in his/her capacity as Records Access Officer, shall be the sole authorized officer to accept and process such requests.

§ 455-3 Procedure.

The following procedure shall be adopted to facilitate access to public records in Albany County pursuant to the above incorporated provisions, rules and regulations:

A. It shall be the duty of each agency within the County of Albany to maintain records pursuant to Public Officers Law § 87, Subdivision 3, and to provide the Records Access Officer with a reasonably detailed current list, by subject matter, of all records in the possession of the agency, whether or not available under Article 6 of the Public Officers Law. This list shall be made available for public inspection during business hours in the office of the County Clerk.

B. All requests to inspect and/or copy public records must be submitted in writing to the County Clerk, Albany County Records Access Officer, on request forms provided by the County Clerk, who will coordinate the request between the applicant and the agency concerned.

C. Requests to examine and/or copy records must be made with sufficient particularity so that the Records Access Officer and agency may identify the information requested.

D. A copy of all requests for information shall be forwarded by the Records Access Officer to the particular agency concerned, which shall determine the availability of the requested information for public inspection or copying.

E. The agency shall notify the Records Access Officer, in writing, of its determination and reasons therefor, and make any approved materials available for inspection and copying in the office of the County Clerk whenever possible.

F. It shall be the duty of the Records Access Officer to notify the applicant, in writing, of the decision of the agency; and in the event that inspection is approved, the Records Access Officer shall also notify the applicant of the time such records will be available in the office of the County Clerk. A copy of said notice shall be forwarded to the agency concerned.

G. Where the applicant requests photocopies of particular records, the Records Access Officer shall charge a fee of $0.25 per photocopy for copies not in excess of nine inches by 14 inches and appropriate fees for larger copies as is otherwise authorized in Public Officers Law § 87, Subdivision 1, Paragraph (b)(iii).

H. In the event that the requested information is specifically excluded from disclosure by Public Officers Law § 87, Subdivision 2, the agency shall notify the Records Access Officer of the denial and reasons therefor and the Records Access Officer shall in turn forward a copy of said denial to the applicant.

I. If the applicant wishes to appeal the decision of the agency, he/she may do so, pursuant to the provisions of Public Officers Law § 89, Subdivision 4, to the Chair of the Public Information Committee, who is hereby designated as the Records Access Appeal Officer, and who shall consult with the County Attorney when necessary before rendering a final decision.