[HISTORY: Adopted by the Common Council of
the City of Kingston as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-7-1984 by L.L. No. 3-1984,
approved 8-28-1984, as Ch. 94 of the 1984 Code]
There is hereby adopted the following regulations
for public access to records of the City of Kingston, County of Ulster
and State of New York.
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.
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 Mayor of the City of Kingston, New York, is responsible
for ensuring compliance with the regulations herein and designates
the following persons as records access officers:
[Amended 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000; 3-5-2019 by L.L. No. 1-2019, approved 3-19-2019; 4-5-2022, approved 4-6-2022]
Official and Address
|
Type of Records
|
---|---|
Superintendent of Public Works, 23 East O'Reilly Street,
Kingston, New York 12401
|
With respect to records of the Board of Public Works and Department
of Public Works
|
Chief of the Fire Department, 19 East O'Reilly Street,
Kingston, New York 12401
|
With respect to firemanic records
|
Chief of the Police Department, 1 Garraghan Drive, Kingston,
New York 12401
|
In charge of records of the Police Department
|
Building Safety Officer, 5 Garraghan Drive, Kingston, New York
12401
|
In charge of the records of the Building Department, Zoning
Board of Appeals, Housing Code Commission, Zoning Inspector
|
Plumbing Inspector, 5 Garraghan Drive, Kingston, New York 12401
|
In charge of all records respecting plumbing and licensing regulation
|
Comptroller, 420 Broadway, Kingston, New York 12401
|
In charge of all records of the Office of the Comptroller
|
City Clerk, 420 Broadway, Kingston, New York 12401
|
In charge of all records of the Common Council, licensing and
permits of various kinds and repository of deeds, contracts and other
documents pertaining to the City of Kingston, New York
|
City Assessor, 420 Broadway, Kingston, New York 12401
|
In charge of all records relating to the assessment of real
property for the purpose of ad valorem taxes
|
City Planner, 420 Broadway, Kingston, New York 12401
|
In charge of all records relating to City Planning, the Planning
Board and related records
|
City Engineer, 420 Broadway, Kingston, New York 12401
|
In charge of all records, maps, and surveys of geographic boundaries
of the City of Kingston, New York, of owned properties, of City-public
streets and avenues and of weather reports and records
|
Secretary of Civil Service, 420 Broadway, Kingston, New York
12401
|
In charge of the records of the Municipal Civil Service Commission
|
Superintendent of the Board of Water Commissioners and Department
of Water Supply, 111 Jansen Avenue, Kingston, New York 12401
|
In charge of all records of the Water Department
|
Clerk of the City Court, 1 Garraghan Drive, Kingston, New York
12401
|
In charge of all records of the City Court of the City of Kingston,
New York
|
Registrar of Vital Statistics, 420 Broadway, Kingston, New York
12401
|
In charge of all the records of births and deaths
|
President of Human Rights Commission, 420 Broadway, Kingston,
New York 12401
|
In charge of all the records of that Commission and business
transacted by it
|
Director of Parks and Recreation, 467 Broadway, Kingston, New
York 12401
|
In charge of all records of municipal recreation facilities,
parks, playgrounds, public beaches, etc., operated under the auspices
of the City of Kingston
|
Purchasing Agent, 1 Garraghan Drive, Kingston, New York 12401
|
In charge of all records of purchases, bids, public bids and
specifications, etc.
|
Assistant Corporation Counsel, 420 Broadway, City of Kingston,
New York 12401
|
In charge of all records of the Law Department of the City of
Kingston, New York
|
B.
Each of the above-designated public records access
officers are hereby authorized and empowered to delegate an alter
ego to represent them in the handling of public records applications
in their absence from office or under conditions specified by the
original appointing officer.
C.
Records access officers are responsible for ensuring
appropriate agency response to public requests for access to records.
However, the public shall not be denied access to records through
officials who have in the past been authorized to make records or
information available.
Records shall be available for public inspection and copying at the addresses of the public access officers shown in § 330-3A.
[Amended 12-16-1999 by L.L. No. 2-2000, approved
1-3-2000]
Requests for public access to records shall
be accepted and records produced during all hours regularly open for
business.
B.
Response time limit.
(1)
Except under extraordinary circumstances, officials
shall respond to a request for records no more than five business
days after receipt of the request, whether the request is oral or
in writing.
(2)
If, because of extraordinary circumstances, more than
five business days are required to respond to a request, receipt of
the request shall be acknowledged within five business days after
the request is received. The acknowledgment shall state the reason
for delay and estimate the date when a reply will be made.
C.
A request for access to records should be sufficiently
detailed to identify the records. Where possible, the requester should
supply information regarding dates, titles, file designations or other
information which may help identify the records. However, a request
for any or all records falling within a specific category conforms
to the standard that records be identifiable.
D.
List of records.
(1)
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.
(2)
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.
E.
No records may be removed by the requester from the
office where the record is located.
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 § 330-7B 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:
[Amended 4-5-2022, approved 4-6-2022]
Corporation Counsel for the City of Kingston
420 Broadway, Kingston, New York, 12401
|
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 § 330-7B.
(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.
A notice containing the job title or name and
business address of the records access officers and fiscal officer;
the name, job title, business address and telephone number of the
appeal person or persons or body; 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 and a model copy of such public notice is attached hereto
and made part hereof.