[Added 3-27-2006]
A.
The people's right to know the process of government decision-making
and the documents and statistics leading to determinations is basic
to our society.
B.
These regulations provide information concerning the procedures by
which records may be obtained.
C.
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.
A.
The City Council of the City of Ogdensburg is responsible for insuring
compliance with the regulations herein, and designates the City Clerk
of the City of Ogdensburg as records access officer. Demands for release
of records shall be submitted to:
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City Clerk, City of Ogdensburg
330 Ford Street
Ogdensburg, New York 13669
315-393-3540
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B.
As an alternative, demands for release of records may be submitted
electronically to: recordsaccess@ogdensburg.org
C.
The records access officer is responsible for insuring appropriate
agency response to public requests for access to records. The designation
of a records access officer shall not be construed to prohibit other
officials from making records or information available to the public
in the regular course of business of the public official or employee.
The records access officer shall insure that agency personnel:
(1)
Maintain an up-to-date subject matter list.
(2)
Assist persons seeking records to identify the records sought, if
necessary, and when appropriate, indicate the manner in which the
records are filed, retrieved or generated to assist persons in reasonably
describing records.
(3)
Contact persons seeking records when a request is voluminous or when
locating the records involves substantial effort, so that personnel
may ascertain the nature of records of primary interest and attempt
to reasonably reduce the volume of records requested.
(6)
Upon request, certify that a record is a true copy; and
Records shall be available for public inspection and copying
at 330 Ford Street, Ogdensburg, New York 13669, or at such other reasonable
location as may be designated by the records access officer.
Requests for public access to records shall be accepted and
records produced during all hours regularly open for business. These
hours are 8:00 a.m. until 4:00 p.m., Monday through Friday, except
legal holidays.
A.
A written request may be required but, in the discretion of the records
access officer, oral requests may be accepted when records are readily
available. All requests must contain the full name and address of
the person or entity making the request. Requests submitted electronically
will not receive a response unless the necessary identifying information
is included.
B.
If records are maintained on the Internet, the requester shall be
informed that the records are accessible via the Internet and in printed
form either on paper or other information storage medium.
C.
A response shall be given within five business days of receipt of
a request by:
(1)
Informing a person requesting records that the request or portion
of the request does not reasonably describe the records sought, including
direction, to the extent possible, that would enable that person to
request records reasonably described;
(2)
Granting or denying access to records in whole or in part;
(3)
Acknowledging the receipt of a request in writing, including an approximate
date when the request will be granted or denied in whole or in part,
which shall be reasonable under the circumstances of the request and
shall not be more than 20 business days after the date of the acknowledgment,
or if it is known that circumstances prevent disclosure within 20
business days from the date of such acknowledgment, providing a statement
in writing indicating the reason for inability to grant the request
within that time and a date certain, within a reasonable period under
the circumstances of the request, when the request will be granted
in whole or in part; or
(4)
If the receipt of request was acknowledged in writing and included
an approximate date when the request would be granted in whole or
in part within 20 business days of such acknowledgment, but circumstances
prevent disclosure within that time, providing a statement in writing
within 20 business days of such acknowledgment specifying the reason
for the inability to do so and a date certain, within a reasonable
period under the circumstances of the request, when the request will
be granted in whole or in part.
D.
In determining a reasonable time for granting or denying a request
under the circumstances of a request, personnel shall consider the
volume of a request, the ease or difficulty in locating, retrieving
or generating records, the complexity of the request, the need to
review records to determine the extent to which they must be disclosed,
the number of requests received by the agency, and similar factors
that bear on the ability to grant access to records promptly and within
a reasonable time.
E.
A failure to comply with the time limitations described herein shall
constitute a denial of a request that may be appealed. Such failure
shall include situations in which an officer or employee:
(1)
Fails to grant access to the records sought, deny access in writing
or acknowledge the receipt of a request within five business days
of the receipt of a request;
(2)
Acknowledges the receipt of a request within five business days but
fails to furnish an approximate date when the request will be granted
or denied in whole or in part;
(3)
Furnishes an acknowledgment of the receipt of a request within five
business days with an approximate date for granting or denying access
in whole or in part that is unreasonable under the circumstances of
the request;
(4)
Fails to respond to a request within a reasonable time after the
approximate date given or within 20 business days after the date of
the acknowledgment of the receipt of a request;
(5)
Determines to grant a request in whole or in part within 20 business
days of the acknowledgment of the receipt of a request, but fails
to do so, unless the agency provides the reason for its inability
to do so in writing and a date certain within which the request will
be granted in whole or in part;
(6)
Does not grant a request in whole or in part within 20 business days
of the acknowledgment of the receipt of a request and fails to provide
the reason in writing explaining the inability to do so and a date
certain by which the request will be granted in whole or in part;
or
(7)
Responds to a request, stating that more than 20 business days are
needed to grant or deny the request in whole or in part and provides
a date certain within which that will be accomplished, but such date
is unreasonable under the circumstances of the request.
A.
The records access officer shall maintain a reasonably detailed current
list by subject matter of all records in its possession, whether or
not records are available pursuant to Subdivision 2 of § 87
of the Public Officers Law.
B.
The subject matter list shall be sufficiently detailed to permit
identification of the category of the record sought.
A.
Denial of access to records shall be in writing stating the reason
therefor and advising the requester of the right to appeal to the
individual or body established to determine appeals, who or which
shall be identified by name, title, business address and business
phone number.
B.
If requested records are not provided promptly, as required in § AR-79 of these regulations, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall determine appeals regarding
denial of access to records under the Freedom of Information Law:
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City Manager, City of Ogdensburg
330 Ford Street
Ogdensburg, New York 13669
315-393-6100
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D.
Any person denied access to records may appeal within 30 days of
a denial.
E.
The time for deciding an appeal by the individual or body designated
to determine appeals shall commence upon receipt of a written appeal
identifying:
F.
A failure to determine an appeal within 10 business days of its receipt
by granting access to the records sought or fully explaining the reasons
for further denial in writing shall constitute a denial of the appeal.
G.
The person or body designated to determine appeals shall transmit
to the Committee on Open Government copies of all appeals upon receipt
of appeals. Such copies shall be addressed to:
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Committee on Open Government
Department of State
41 State Street
Albany, NY 12231
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H.
The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 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 Subsection F of this section.
A notice containing the title or name and business address of
the records access officer and appeals person and the location where
records can be seen or demanded shall be posted in a conspicuous location
wherever records are kept and/or published in a local newspaper of
general circulation.
If any provision of these regulations or the application thereof
to any person or circumstances is adjudged invalid by a court of competent
jurisdiction, such judgment shall not affect or impair the validity
of the other provisions of these regulations or the application thereof
to other persons and circumstances.
