[HISTORY: Adopted by the Town Board of the Town of Wallkill 2-28-2001.
Amendments noted where applicable.]
The Town of Wallkill fully supports the policies set forth in the State
Freedom of Information Law, also known as "FOIL." The town's policy is that
its officials and employees, including department heads, and members of town
commissions, boards and committees, comply with the requirements of the law.
The town hereby promulgates the following procedures pursuant to Public Officers
Law § 87(1) to apply for purposes of administration of the FOIL
requirements.
A.
For purposes of administration of the provisions of FOIL,
the Town Clerk is designated as the Records Access Officer for the Town of
Wallkill and all agencies, departments, commissions or committees within the
Town of Wallkill.
B.
The Records Access Officer shall be the sole and exclusive
individual responsible for the handling of an initial request for information
pursuant to FOIL, including any request that is made with regard to records
maintained by any department, agency, commission or committee within the Town
of Wallkill. Town employees shall be required to direct any individual seeking
requests pursuant to FOIL to the Records Access Officer, 600 Rte. 211 East,
Town Hall, Town of Wallkill. Any written requests received by town employees,
such as a written request sent through the mail, must be forwarded to the
Records Access Officer as soon as possible.
C.
All requests for information pursuant to FOIL must be
submitted in writing to the Records Access Officer on a form that is maintained
by the Records Access Officer. This form is attached hereto as Form A.[1] In addition to being provided with a copy of Form A, a requestor
of information should be provided with a copy of these procedures. If the
Records Access Officer receives a written request for information that is
not on the proper form (Form A), either through the mail or forwarded from
a town employee, the Records Access Officer must send a copy of Form A, as
well as a copy of these procedures, to the individual at the address indicated
on the written request and advise the individual that the request must be
submitted on the attached form.
[1]
Editor's Note: Form A is on file in the Town Clerk's office.
D.
Upon receipt of a written request pursuant to FOIL, the
Records Access Officer must stamp the request as received with a stamp that
indicates the date of receipt of the request.
A.
Within five business days of receipt of the written request
for information, the Records Access Officer shall provide a written response
to the individual at the address indicated on Form A, which written response
shall either:
(1)
Provide the individual with a date and time that the
record(s) requested will be made available to the individual for inspection
and copying;
(2)
Acknowledge receipt of the written request and indicate
the approximate date when such request will be granted or denied. This approximate
date shall be based upon the Records Access Officer's estimation of the time
it will take to obtain the records requested and/or determine whether the
records requested are required to be disclosed under the provisions of FOIL.
This date shall not be more than 60 days from the date of receipt of the written
request for information; or
(3)
Provide the individual with a written denial of his or
her request, with an explanation for such denial.
C.
All written correspondence from the Records Access Officer
shall be typed, shall be provided on the Town Clerk's letterhead and shall
indicate the date that the correspondence is being mailed to the individual.
D.
Copies of any documents that are provided to the individual
for pursuant to FOIL shall only be provided to the individual upon payment
of the appropriate fee of $0.25 per page, or such higher fee authorized by
law.
E.
If the record(s) requested by an individual pursuant to FOIL are maintained by one of the town's departments, agencies, commissions or committees, and not in the possession of the Records Access Officer, the Records Access Officer shall forward a copy of the written request to the appropriate department head, and ask that the requested records be forwarded to the Records Access Officer. Under such circumstance, the Records Access Officer shall provide the individual with a written response as described above in Subsection A(2) of this procedure.
F.
Each department head shall forward to the Records Access Officer any record(s) requested in the written FOIL request, unless the department head determines that the record is not required to be disclosed pursuant to one of the exceptions set forth in Public Officers Law § 87(2) (described in Subsection I below). The department head must respond in writing to the Records Access Officer as soon as is practicable, but no later than 30 days following receipt of the written request from the Records Access Officer.
G.
If a department head determines that a record requested
pursuant to FOIL is not required to be disclosed pursuant to one of the exceptions
in Public Officers Law § 87(2), he or she shall so notify the Records
Access Officer in writing and shall describe the basis for this determination.
All written correspondence from the department head shall be typed, shall
be provided on the department's letterhead and shall indicate the date that
the correspondence is being forwarded to the Records Access Officer.
H.
Upon receipt of the requested record(s), or a portion
thereof, from a department head, or upon a review by the Records Access Officer
of the record(s) requested, the Records Access Officer must independently
determine whether the record(s) are exempt from disclosure under one of the
exceptions set forth in Public Officers Law § 87(2).
I.
Records that are not required to be disclosed pursuant
to Public Officers Law § 87(2) include, but are not limited to,
the following types of records:
(1)
Records that are specifically exempted from disclosure
by statute, such as confidential attorney-client communications (Civil Practice
Law and Rules § 4503) and personnel records of police officers as
set forth in Civil Rights Law § 50-a.
(2)
Records which, if disclosed, would constitute an unwarranted
invasion of personal privacy, including, but not limited to:
(a)
Disclosure of employment, medical or credit histories
or personal references of applicants for employment.
(b)
Disclosure of information of a personal nature when disclosure
would result in economic or personal hardship to the subject party and such
information is not relevant to the work of the agency requesting or maintaining
it.
(c)
Disclosure of information of a personal nature reported
in confidence to an agency and not relevant to the ordinary work of the agency.
(d)
Information of a personal nature contained in a workers
compensation record, except as provided under Workers Compensation Law § 110-a.
(3)
Records which, if disclosed, would impair present or
imminent contract awards, or collective bargaining negotiations.
(4)
Records that are trade secrets or are submitted by a
commercial enterprise or derived from information obtained from a commercial
enterprise, which, if disclosed, would cause substantial injury to the competitive
position of the subject enterprise.
(5)
Records compiled for law enforcement purposes, which,
if disclosed, would:
(a)
Interfere with law enforcement investigations.
(b)
Deprive a person of a right to a fair trial or impartial
adjudication.
(c)
Identify a confidential source or disclose confidential
information relating to a criminal investigation.
(d)
Reveal criminal investigative techniques or procedures,
except routine procedures.
(6)
Records which, if disclosed, would endanger the life
or safety of any person.
(7)
Records that are interagency or intra-agency materials
that are not:
(8)
Examination questions or answers, which are requested
prior to the final administration of such questions.
(9)
Computer access codes.
(10)
Photographs, micrographs, videotape or other recorded
images prepared under authority of Vehicle and Traffic Law § 1111-a.
J.
If either the Department Head or the Records Access Officer
determine that a request for information pursuant to FOIL must be denied pursuant
to Public Officers Law § 87(2), the Records Access Officer shall
notify the individual making the request in writing of the denial of his or
her request. The written denial must explain the basis for the denial and
shall be mailed to the individual at the address indicated on Form A.
A.
The Town Supervisor shall be the sole individual responsible
for the determination of an appeal filed pursuant to Public Officers Law § 89(4)(a).
B.
Upon receipt of a determination from the Records Access
Officer denying, in whole or in part, access to information requested pursuant
to FOIL, the individual may submit a written appeal of the determination within
30 days of the date of the written determination. The appeal must be submitted
to the Records Access Officer on the appeal form, which shall be maintained
by the Records Access Officer as Form B. A copy of Form B is attached hereto.[1]
[1]
Editor's Note: Form B is on file in the Town Clerk's office.
C.
Upon receipt of a written appeal on Form B, the Records
Access Officer must stamp the appeal as received with a stamp that indicates
the date of receipt of the appeal. The completed appeal form must be forwarded
to the Town Supervisor, along with the initial written request (Form A); and
the written determination denying access, in whole or in part, to the information
requested by the individual. The Records Access Officer shall maintain a copy
of the written appeal for her records.
D.
Pursuant to Public Officers Law § 89(4)(a),
upon receipt of a written appeal (Form B), the Records Access Officer shall
forward a copy to:
|
The Committee on Open Government
41 State Street
Albany, New York 12231-0001
|
E.
The Town Supervisor shall have 10 business days to submit
a written response to the individual by certified mail, return receipt requested,
which shall indicate whether the appeal is granted or denied and the reason(s)
therefor. The written determination of the Town Supervisor shall be typed
on the Town Supervisor's letterhead and shall indicate the date that the correspondence
is being mailed to the individual. A copy of the Town Supervisor's determination
shall be forwarded to the Records Access Officer for her records.
F.
As provided by Public Officers Law § 89(4)(a),
a copy of the Town Supervisor's written determination shall be forwarded by
the Supervisor to:
|
The Committee on Open Government
41 State Street
Albany, New York 12231-0001
|
G.
The Records Access Officer, Town Supervisor or a department
head may consult with legal counsel in order to obtain advice as to whether
a particular record is required to be disclosed pursuant to FOIL. Moreover,
such consultation is encouraged when the Records Access Officer, Town Supervisor
or department head is uncertain as to whether a particular record falls within
one of the exceptions set forth in Public Officers Law § 87(2).
