[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.
C. 
Personnel shall furnish to the public the information and records required by the Freedom of Information Law[1] and those which were furnished to the public prior to its enactment.
[1]
Editor's Note: For current provisions, see Article 6 of the Public Officers 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 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.
D. 
Records access officers shall assure that personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following acts in accordance with § 330-7B:
(a) 
Make records promptly available for inspection; or
(b) 
Deny access to the records in whole or in part and explain, in writing, the reasons therefor.
(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 § 330-9; or
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a transcript is a true copy of records copied.
(6) 
Upon failure to locate records, certify that:
(a) 
The City of Kingston, New York, is not the legal custodian for such records; or
(b) 
The records of which the City of Kingston, New York, is a legal custodian, after diligent search, cannot be found.
A. 
The Comptroller is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 330-7B, 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 as required under § 88(1)(g) and (i) and (10) of the Freedom of Information Law.[1]
[1]
Editor's Note: For current provisions, see § 87 of the Public Officers Law.
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.
A. 
All requests for records shall be in writing on forms provided, a copy of which is attached hereto.[1] However, written request shall not be required for records that have been customarily available without written request.
[1]
Editor's Note: Forms are available from records access officers.
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.
F. 
A final denial of access to a requested record, as provided for in Subsection E of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
A. 
There shall be no fee charged for:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this part.
B. 
The fee for photocopies, not exceeding 8 1/2 x 14 inches shall be in a sum as set forth in the fee schedule to be established by resolution of the Common Council of this City.[1]
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
[1]
Editor's Note: See Ch. 217, Fees.
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.