[HISTORY: Adopted by the Town Board of the Town of Albion 4-12-1978.
Amendments noted where applicable.]
A.
The Town Clerk of the Town of Albion is hereby designated
as the records access officer and is hereby assigned the duty of coordinating
the responses to public requests for access to the records of the Town of
Albion.
The records of the Town of Albion shall be available for public inspection
and copying at the Town of Albion Town Clerk's office, 3665 Clarendon Road,
Albion, New York.
The Town of Albion shall accept requests for public access to records
and produce records during all hours the Town Clerk's office is regularly
open for business.
A.
All requests for public access to records made of the
Town of Albion shall be in writing.
B.
The Town of Albion shall respond to any request which
reasonably describes 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 Town of Albion does not provide or deny access
to the record 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 days after date
of acknowledgment of receipt of a request, the failure to act may be construed
as a denial of access that may be appealed.
[Amended 4-14-1989 by L.L.
No. 1-1989]
A.
The Town of Albion 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 records sought.
C.
The subject matter list shall be updated by the records
access officer not less than twice per year. The most recent update shall
appear on the first page of the subject matter list.
A.
The Town Board of the Town of Albion shall hear appeals
regarding denial of access to records under the Freedom of Information Law.
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 Town Board of the Town of Albion, 3665 Clarendon Road, Albion, New
York; Telephone 585/589-7048.
C.
If the Town of Albion fails to respond to a request within five business days of receipt of a request as required in § 81-4D, such failure shall be deemed a denial of access by the Town of Albion.
D.
Any person denied access to records may appeal within
30 days of a denial.
F.
The Town of Albion shall transmit to the Committee on
Open Government copies of all appeals upon receipt of an appeal. Such copies
shall be addressed to:
Committee on Open Government
Department of State
162 Washington Avenue
Albany, NY 12231
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G.
The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination in writing within seven 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.
Except when a different fee is otherwise prescribed by law:
B.
The charge for copies of records is hereby established
at:
(1)
$0.25 per photocopy page not exceeding nine inches by
14 inches.
(2)
In the event photocopying equipment is not available,
a transcript of the requested records shall be made upon request. Such transcripts
may be either typed or handwritten. In such cases, the person requesting records
may be charged for the clerical time involved in making the transcript.
The Town of Albion shall publicize by posting in a conspicuous location
within the Town of Albion the following:
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.
These regulations may be amended from time to time by action of the
Town Board of the Town of Albion; provided, however, that they shall not contradict
or be in violation of the provisions of the regulations adopted by the New
York State Committee on Open Government as provided in the Public Officers
Law.