[HISTORY: Adopted by the Town Board of the
Town of Chili 12-30-1994 by L.L. No. 7-1994 (Ch. 84, Art. I, of
the 1980 Code); amended in its entirety 12-3-2008 by L.L. No. 4-2008. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Records retention and disposition — See Ch. 122.
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.
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 (§ 84
et seq. of the Public Officers Law), as well as records otherwise
available by law.
A.
The Town Board of the Town of Chili is responsible
for ensuring compliance with the regulations herein, and a Records
Access Officer shall be responsible for ensuring appropriate agency
response to public requests for access to records.
Records shall be available for public inspection
and copying at the Town Hall, Town of Chili, 3333 Chili Avenue, Rochester,
New York.
Requests for public access to records shall
be accepted and records produced during all hours that the Clerk's
office is regularly open for business.
A.
A written request may be required, but oral requests
may be accepted when records are readily available.
B.
A response shall be given regarding 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 Records Access Officer does not provide or
deny access to the records sought within five business days of receipt
of a request, he or she 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.
The Records Access Officer shall maintain a reasonably
detailed current list by subject matter of all records in his or her
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 periodically.
The most recent update shall appear on the first page of the subject
matter list.
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 § 393-5D of this chapter, such failure shall also be deemed a denial of access.
C.
The Town Board shall hear appeals for denial of access
to records under the Freedom of Information Law. Such appeals shall
be made within 30 days of a denial of access.
D.
The time for deciding an appeal by the body designated
to hear appeals shall commence upon receipt of a written appeal identifying:
(1)
The date of the appeal.
(2)
The date and location of the request for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or due to failure to provide records promptly as required by § 393-5D.
(5)
The name and return address of the requester.
E.
The body designated to hear appeals shall transmit
to the Committee on Open Government copies of all appeals upon receipt
of appeals. Such copies shall be addressed to the Committee on Open
Government, Department of State, 162 Washington Avenue, Albany, New
York, 12231.
F.
The Town Board shall inform the appellant and the Committee on Open Government of its determination, in writing, within 10 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 E of this section.
A notice containing the title or name and business
address of the Records Access Officer and appeals 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.
