[HISTORY: Adopted by the Town Board of the
Town of Pound Ridge: Art. I, 8-10-1978; Art. II, 5-11-1989 as L.L. No.
4-1989. Amendments noted where applicable.]
[Adopted 8-10-1978]
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.
This Article provides information concerning the procedures
by which records may be obtained from the Town or any agency thereof.
It includes any board, bureau, commission, council, department, division
or office of the Town. No agency regulations shall be more restrictive
than this Article.
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 Town Board shall be responsible for ensuring compliance
with the regulations herein and hereby designates the Town Clerk,
Town House, Pound Ridge, and, in his or her absence, the Deputy Town
Clerk, Town House, Pound Ridge, as records access officer, who shall
have the duty of coordinating agency response to public requests for
access to records. These designations 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.
Each agency other than the Town Board shall
designate to the Clerk the locations where records shall be available
for public inspection and copying. Records of the Town Board will
be located at the office of the Town Clerk.
A.
Each agency shall accept requests for public access
to records and produce records during all hours it is regularly open
for business.
B.
In agencies which do not have daily regular business
hours, a written procedure shall be established by which a person
may arrange an appointment to inspect and copy records. Such procedure
shall include the name, position, address and phone number of the
party to be contacted for the purpose of making an appointment.
A.
An agency may require that a request be made in writing
or may make records available upon oral request.
B.
An agency shall respond to any request reasonably
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 agency does not provide or deny access to the
records sought within five business days of receipt of a request,
the agency 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.
Each agency 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.
B.
Denial of access shall be in writing, stating the
reason therefor and advising the person denied access of his or her
right to appeal to the person or body established to hear appeals,
and that person or body shall be identified by name, title, business
address and business telephone number. The records access officer
shall not be the appeals officer and may not be part of a body to
hear appeals.
C.
If an agency fails to respond to a request within five business days of receipt of a request as required by § 25-5D above, such failure shall be deemed a denial of access by the agency.
D.
Any person denied access to records may appeal within
30 days of a denial.
F.
The agency shall transmit to the Committee on Public
Access to Records copies of all appeals upon receipt of an appeal.
Such copies shall be addressed to:
|
Committee on Public Access to Records
Department of State
162 Washington Avenue
Albany, New York 12231
|
G.
The person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of its determination, in writing, within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section.
Except when a different fee is otherwise prescribed
by law:
B.
An agency may provide copies of records without charging
a fee or an agency may charge a fee for copies of records, provided
that:
(1)
The fee for copying records shall not exceed the amounts
set forth in the Schedule of Fees.[1] This section shall not be construed to mandate the raising
of fees where agencies in the past have charged less than $0.25 for
such copies.
[Amended 5-2-1991 by L.L. No. 2-1991]
[1]
Editor's Note: The Schedule of Fees is on
file in the office of the Town Clerk.
(2)
In agencies which do not have photocopying equipment,
a transcript of the requested records shall be made upon request.
Such transcripts may either be typed or handwritten. In such cases,
the person requesting records may be charged for the clerical time
involved in making the transcript.
Each agency shall publicize by posting in a
conspicuous location and/or by publication in a local newspaper of
general circulation:
A.
The location where records shall be made available
for inspection and copying.
B.
The name, title, business address and business telephone
number of the designated records access officer.
C.
The right to appeal by any person denied access to
a record and the name and business address of the person or body to
whom an appeal is to be directed.
[Adopted 5-11-1989 as L.L. No. 4-1989]
In furtherance of and in accordance with the
express purpose, function, powers and duties heretofore conferred
upon the Town Clerk/Records Management Officer for the Town of Pound
Ridge as set forth in Chapter 737 of the Laws of the State of New
York 1987, entitled "Local Government Records Law," Article 57-A,
§ 57.19 et seq. of Arts and Cultural Affairs Law, the Town
Board deems it in the best interests of the Town of Pound Ridge that:
A.
A Records Advisory Board consisting of the Town Supervisor,
Town Attorney and Town Historian be established and appointed by the
governing legislative body:
B.
Custody of some of the Town's public records be vested
in the Records Management Officer to aid and assist in the management
and preservation of same records.
The Records Management Officer of the Town of
Pound Ridge is hereby conveyed all of the right, title and interest
in and to the public records of programs and/or units of Town government
now or in the future to become defunct. Said officer shall hold the
same in the name of the Town of Pound Ridge Records Collection.
The Records Management Officer of the Town of
Pound Ridge shall administer, preserve, manage or destroy such records
in accordance with the provisions of Chapter 737, Laws of the State
of New York 1987, Article 57-A, of Arts and Cultural Affairs Law,
entitled "Local Government Records Law," and other accepted archival
practices.
