[HISTORY: Adopted by the Town Board of the Town of Bedford 5-10-1975.
Amendments noted where applicable.]
GENERAL REFERENCES
Records management — See Ch. 22.
[Amended 5-19-2006 by L.L. No. 6-2006]
A.
The people's right to know the process of government decisionmaking
and the documents and statistics leading to determinations is basic to our
society. Access to such information should not be thwarted by shrouding it
with the cloak of secrecy or confidentiality.
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.
[Amended 8-19-1975; 5-19-2006
by L.L. No. 6-2006]
The Supervisor of the Town of Bedford is responsible for ensuring compliance
with the regulations herein and hereby designates the following persons as
access officers:
[Amended 5-19-2006 by L.L. No. 6-2006]
A.
Records access officers are responsible for ensuring appropriate
agency response to public requests for access to records. The designation
of records access officers shall not be construed to prohibit officials who
have in the past been authorized to make records or information available
to the public to continue to do so.
A.
The Supervisor, Town House, Bedford Hills, New York, is designated the fiscal officer, who shall certify the payroll and respond to requests in accordance with § 95-7B for an itemized record, setting forth the name, address, title and salary of every officer or employee of the agency.
B.
The fiscal officer shall make the payroll items listed
above available to any person, including bona fide members of the news media.
[Amended 5-1-1984 by L.L. No. 2-1984]
Records shall be available for public inspection and copy at the Town
House, Bedford Hills, New York, or at the location where they are kept.
[Amended 5-19-2006 by L.L. No. 6-2006]
Requests for public access to records shall be accepted and records
produced during all hours regularly open for business.
[Amended 5-19-2006 by L.L. No. 6-2006]
A.
A written request may be required, 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, 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,
and similar factors that bear on the ability to grant access to records promptly
and within a reasonable time.
E.
A current list, by subject matter, of all records produced, filed
or first kept or promulgated after September 1, 1974, shall be available for
public inspection and copying. The list shall be sufficiently detailed to
permit the requester to identify the file category of the records sought.
The subject matter list shall be updated periodically, and the date of the
most recent updating shall appear on the first page. The updating of the subject
matter list shall not be less than semiannual.
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 hear appeals.
B.
If requested records are not provided promptly, as required in § 95-7B of these regulations, such failure shall also be deemed a denial of access.
C.
The following person or persons or body shall hear appeals
for denial of access to records under the Freedom of Information Law:
|
The Town Board of the Town of Bedford
Town House
Bedford Hills, New York
Telephone: (914) 666-6530
|
D.
The time for deciding an appeal by the individual or
body designated to hear appeals shall commence upon receipt of written appeal
identifying:
(1)
The date of the appeal.
(2)
The date and location of the requests for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or was by failure to provide records promptly as required by § 95-7B.
(5)
The name and return address of the requester.
E.
The individual or body designated to hear appeals shall
inform the requester of its decision in writing within seven business days
of receipt of an appeal.
[Amended 5-19-2006 by L.L. No. 6-2006]
A notice containing the job title or name and business address of the
records access officer and fiscal officer, and the name, job title, business
and the location where records can be seen or copied shall be posted in a
conspicuous location wherever records are kept and/or published in a local
newspaper of general circulation.
