[Adopted 10-6-1981]
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. 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.
A. 
The Sheriff is responsible for ensuring compliance with the regulations herein and designates the following person as records access officer: the individual performing the duties of Civil Bureau Captain at the Sheriff’s Department, Gleneida Avenue, Carmel, New York 10512.
[Amended 4-6-2010 by L.L. No. 6-2010]
B. 
The records access officer is responsible for ensuring appropriate response to public requests for access to records. The designation of records access officer shall not be construed to prohibit officials who have in the past been authorized to make records or information available to the public from continuing to do so. The records access officer shall ensure that personnel:
(1) 
Maintain an up-to-day subject matter list approved by the District Attorney for dissemination to the public.
(2) 
Assist the requested in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection; or
(b) 
Deny access to the records in whole or in part and explain, in writing, the reasons therefor, subject to a ruling from the District Attorney.
(4) 
Upon request for copies of records:
(a) 
Make a copy available upon payment or offer to pay established fees, if any, in accordance with § 90-17; or
(b) 
Permit the requested to copy those records.
(5) 
Upon request, certify that a record is a true copy, after payment of any required fee.
(6) 
Upon failure to locate records, certify that:
(a) 
The Sheriff's Department is not the custodian for such records; or
(b) 
The records cannot be found after a diligent search.
Records shall be available for public inspection and copying at: Sheriff's Department, Gleneida Avenue, Carmel, New York 10512, or such other place 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: 9:00 a.m. to 5.00 p.m., every day, excluding Saturday, Sunday and holidays. During summer months, the hours may be shortened.
A. 
A written request may be required, but oral requests may be accepted when records are readily available.
B. 
A response shall be given regarding any request reasonable describing the record or records sought within five business days of receipt of the request.
C. 
A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.
D. 
If the records access officer does not provide or deny access to the record sought within five business days of receipt of the request, he or she shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, the request may be construed as a denial of access that may be appealed.
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.
C. 
The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.
[Amended 12-2-1997 by L.L. No. 15-1997]
A. 
Denial of access to records shall be in writing, stating the reason therefore, 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 § 90-14D of this article, such failure shall also be deemed a denial of access.
C. 
The following person or designated agent(s) of same shall hear appeals for denial of access to records under the Freedom of Information Law: the Sheriff of Putnam County, County Court House, Gleneida Avenue, Carmel, New York 10512 [phone: (914) 225-5523].
D. 
Any person denied access to records may appeal within 30 days of a denial. The time for deciding an appeal shall commence upon receipt of a 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 due to failure to provide records promptly as required by § 90-14D; and
(5) 
The name and return address of the requester.
E. 
The individual(s) designated to hear appeals shall inform the requester of its decision, in writing, with 10 business days of receipt of an appeal.
F. 
The person(s) designated to hear appeals 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, 162 Washington Avenue, Albany, New York 12231.
G. 
The person(s) designated to hear 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 in Subsection F of this section.
A. 
The fees for inspection, search or certification shall be set by the Sheriff's Department.
B. 
The fee for photocopies not exceeding nine inches by 14 inches is $0.25 per page.
C. 
The fee for copies of records other than photocopies which are nine inches by 14 inches or less in size shall be the actual copying cost.
D. 
Fees for transcripts in agencies and departments that do not have photocopying equipment shall be the clerical time involved in making a transcript.
A notice containing the title or name and business address of the records access officers and appeals person or body and the where records can be seen or copied shall be posted in a convenient location wherever records are kept and/or published in a local newspaper of general circulation.