[Adopted 6-20-2006 by L.L. No. 9-2006[1]]
[1]
Editor’s Note: This local law also repealed
former Art. III, Access to Public Records, adopted 4-20-2004 by L.L.
No. 3-2004.
[Amended 9-18-2012 by L.L. No. 7-2012]
A.
The Mayor is responsible for insuring compliance with
the regulations herein, and designates the City Clerk as the Records
Access Officer.
B.
The Records Access Officer shall coordinate a timely
response from City agencies to public requests for access to records
as set forth in this article. The records access officer shall ensure
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.
(5)
Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, in accordance with § 45-16.
(6)
Upon request, certify that a record is a true copy.
Records shall be available for public inspection
and copying at the City Hall Building.
Requests for public access to records shall
be accepted and records produced Monday through Friday from 9:00 a.m.
to 4:30 p.m.
A.
A written request may be required by the Records Access
Officer, but oral requests may be accepted when records are readily
available.
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, the Records Access
Officer 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, denies
access in writing or fails to 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 his or her
possession, whether or not records are available pursuant to Subdivision
2 of § 87 of the Public Officers Law.
[Amended 9-18-2012 by L.L. No. 7-2012]
B.
The subject matter list shall be sufficiently detailed
to permit identification of the category of the record sought.
C.
The subject matter list shall be updated annually.
The most recent update shall appear on the first page of the subject
matter list.
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 Mayor and providing a business address and business phone number
for the Mayor's office.
B.
If requested records are not provided promptly, as required in § 45-13, such failure shall also be deemed a denial of access.
C.
Any person denied access to records may appeal within
30 days of a denial.
E.
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.
F.
The Mayor shall transmit to the Committee on Open
Government copies of all appeals upon receipt of appeals. Such copies
shall be addressed to the Committee on Open Government, Department
of State, 41 State Street, Albany, NY 12231.
B.
Copies may be provided without charging a fee or at
a reduced fee where the Mayor determines that the imposition of a
fee would result in a severe and undue financial hardship for the
person requesting copies of public documents.
C.
Except as provided for in Subsection B, fees for copying records shall not exceed $0.25 per page for photocopies not exceeding nine inches by 14 inches. The fee for copies of records exceeding nine inches by 14 inches shall not exceed the actual reproduction cost, which is the average unit cost for copying a record, excluding fixed costs of the agency such as operator salaries.
[Amended 9-18-2012 by L.L. No. 7-2012]
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 copies requested shall be posted in a
conspicuous location wherever records are kept.
