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LABOR AND POLICYTOIL—Public Access to Records Policy—Adopt— 12-7-15
RESOLUTION AUTHORIZING ADOPTION OF FOIL - PUBLIC ACCESS
TO RECORDS OF TOWN OF QUEENSBURY POLICY
RESOLUTION NO.: , 2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, in accordance with the New York State Public Officers Law, the Town of
Queensbury is required to adopt uniform rules and regulations related to the availability of records
and procedure to be followed, and
WHEREAS, the Town Board therefore wishes to adopt a formal Freedom of Information
Law (FOIL) Policy governing the request for and preparation of public information, and
WHEREAS, a proposed FOIL —Public Access to Records of Town of Queensbury Policy
is presented at this meeting and is in form acceptable to Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts the FOIL — Public Access to
Records of Town of Queensbury Policy substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk/Records Access Officer and/or Town Counsel to take any action necessary to
effectuate the terms of this Resolution.
Duly adopted this 7th day of December, 2015, by the following vote:
AYES
NOE S
AB SENT :
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MISCELLANEOUS\FOIL POLICY-12-7-15
PUBLIC ACCESS TO RECORDS OF TOWN OF QUEENSBURY
Section 1. Purpose and Scope.
Section 2. Designation of Records Access Officer.
Section 3. Location.
Section 4. Hours for Public Inspection.
Section 5. Requests for Public Access to Records.
Section 6. Denial of Access to Records.
Section 7. Fees.
Section 8. Public Notice.
Section 9. Severability.
Section 1. Purpose and Scope.
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 of 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, as well as records otherwise available by law.
D. Any conflicts among laws governing public access to records shall be construed
in favor of the widest possible availability of public records.
Section 2. Designation of Records Access Officer.
A. The Town of Queensbury is responsible for insuring compliance with the
regulations herein, and designates the following person(s) as Records Access Officer(s):
Caroline H. Barber,Town Clerk
TOWN OF QUEENSBURY
742 Bay Road
Queensbury,New York 12804
518-761-8234
carolineb(a,queensbury.n et
B. The Records Access Officer is responsible for insuring appropriate agency
response to public requests for access to records. The designation of a Records Access Officer
shall not be construed to prohibit officials who have been authorized in the past to make records
or information available to the public from continuing to do so.
The Records Access Officer shall insure that agency personnel:
(1) Assist persons seeking records to identify the records sought, if necessary,
and when appropriate, indicate the manner in which the records are filed,
retrieved or generated to assist persons in reasonably describing records.
(2) Contact persons seeking records when a request is voluminous or when
locating the records involves substantial effort, so that personnel may
ascertain the nature of records of primary interest and attempt to
reasonably reduce the volume of records requested.
(3) Upon locating the records,take one of the following actions:
(i) Make records available for inspection; or
(ii) Deny access to the records in whole or in part and explain in
writing the reasons therefor.
(4) Upon request for copies of records, make a copy available upon payment
or offer to pay established fees, if any, in accordance with Section 8;
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(5) Upon request, certify that a record is a true copy; and
(6) Upon failure to locate records,certify that:
(i) The Town of Queensbury is not the custodian for such records, or
(ii) The records of which the Town of Queensbury is a custodian
cannot be found after diligent search.
Section 3. Location.
Records shall be available for public inspection and obtaining copies at:
Town Clerk's Office
TOWN OF QUEENSBURY
742 Bay Road
Queensbury,New York 12804
518-761-8234
Section 4. Hours for Public Inspection.
Requests for public access to records shall be accepted and records produced during all
hours regularly open for business.
These hours are generally Monday through Friday from 8:00 a.m. - 4:30 p.m.
Section 5. Requests for Public Access to Records.
A. A written request may be required, but oral requests may be accepted when
records are readily available. Normally, a written request will be required.
B. If records are maintained on the Internet, the requester shall be informed that the
records are accessible via the Internet and in printed form either on paper or other information
storage medium.
C. A response shall be given within five(5)business days of receipt of a request by:
(1) informing a person requesting records that the request or portion of the
request does not reasonably describe the records sought, including
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direction, to the extent possible, that would enable that person to request
records reasonably described;
(2) granting or denying access to records in whole or in part;
(3) acknowledging the receipt of a request in writing, including an
approximate date when the request will be granted or denied in whole or
in part, which shall be reasonable under the circumstances of the request
and shall not be more than twenty business days after the date of the
acknowledgment, or if it is known that circumstances prevent disclosure
within twenty business days from the date of such acknowledgment,
providing a statement in writing indicating the reason for inability to grant
the request within that time and a date certain, within a reasonable period
under the circumstances of the request,when the request will be granted in
whole or in part; or
(4) if the receipt of request was acknowledged in writing and included an
approximate date when the request would be granted in whole or in part
within twenty business days of such acknowledgment, but circumstances
prevent disclosure within that time, providing a statement in writing
within twenty business days of such acknowledgment specifying the
reason for the inability to do so and a date certain, within a reasonable
period under the circumstances of the request, when the request will be
granted in whole or in part.
D. In determining a reasonable time for granting or denying a request under the
circumstances of a request, personnel shall consider the volume of a request, the ease or
difficulty in locating, retrieving or generating records, the complexity of the request, the need to
review records to determine the extent to which they must be disclosed, the number of requests
received by the agency, and similar factors that bear on the ability to grant access to records
promptly and within a reasonable time.
E. A failure to comply with the time limitations described herein shall constitute a
denial of a request that may be appealed. Such failure shall include situations in which an officer
or employee:
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(1) fails to grant access to the records sought, deny access in writing or
acknowledge the receipt of a request within five (5) business days of the
receipt of a request;
(2) acknowledges the receipt of a request within five (5) business days but
fails to furnish an approximate date when the request will be granted or
denied in whole or in part;
(3) furnishes an acknowledgment of the receipt of a request within five (5)
business days with an approximate date for granting or denying access in
whole or in part that is unreasonable under the circumstances of the
request;
(4) fails to respond to a request within a reasonable time after the approximate
date given or within 20 business days after the date of the
acknowledgment of the receipt of a request;
(5) determines to grant a request in whole or in part within 20 business days
of the acknowledgment of the receipt of a request,but fails to do so,unless
the agency provides the reason for its inability to do so in writing and a
date certain within which the request will be granted in whole or in part;
(6) does not grant a request in whole or in part within 20 business days of the
acknowledgment of the receipt of a request and fails to provide the reason
in writing explaining the inability to do so and a date certain by which the
request will be granted in whole or in part; or
(7) responds to a request, stating that more than 20 business days is needed to
grant or deny the request in whole or in part and provides a date certain
within which that will be accomplished, but such date is unreasonable
under the circumstances of the request.
Section 6. Denial of Access to Records.
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 determine
appeals, who shall be identified by name, title, business address and business phone number.
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B. If requested records are not provided promptly, as required in Section 5 of these
regulations, such failure shall also be deemed a denial of access.
C. The following person or persons or body shall determine appeals regarding denial
of access to records under the Freedom of Information Law:
Town Supervisor
TOWN OF QUEENSBURY
742 Bay Road
Queensbury,New York 12804
518-761-8229
qbysupervisor@queensbury.net
D. Any person denied access to records may appeal within 30 days of a denial.
E. The time for deciding an appeal by the individual or body designated to determine
appeals shall commence upon receipt of a written appeal identifying:
(1) the date and location of requests for records;
(2) a description,to the extent possible, of the records that were denied; and
(3) the name and return address of the person denied access.
F. A failure to determine an appeal within ten business days of its receipt by granting
access to the records sought or fully explaining the reasons for further denial in writing shall
constitute a denial of the appeal.
G. The person or body designated to determine appeals shall transmit to the
Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall
be addressed to:
Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue,Suite 650
Albany,NY 12231
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H. The person or body designated to determine appeals 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 subdivision(F) of this section.
Section 7. Fees.
A. There shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this part.
B. Copies may be provided without charging a fee.
C. Fees for copies may be charged,provided that:
(1) the fee for copying records shall not exceed 25 cents per page for
photocopies not exceeding 9 by 14 inches. This section shall not be
construed to mandate the raising of fees where agencies or municipalities
in the past have charged less than 25 cents for such copies;
(2) the fees for photocopies of records in excess of 9" x 14",per page, are as
follows:
• 11"x 17"- $ .30
• 18"x24" - $2.00
• 24"x 36" - $4.00
• 36"x 42"- $6.00
(3) an agency has the authority to redact portions of a paper record and does
so prior to disclosure of the record by making a photocopy from which the
proper redactions are made.
(4) if copies/documents have to be mailed,postage charges may be incurred.
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D. The fee an agency may charge for a copy of any other record is based on the
actual cost of reproduction and may include only the following:
(1) an amount equal to the hourly salary attributed to the lowest paid
employee who has the necessary skill required to prepare a copy of the
requested record, but only when more than two hours of the employee's
time is necessary to do so; and
(2) the actual cost of the storage devices or media provided to the person
making the request in complying with such request; or
(3) the actual cost to the agency of engaging an outside professional service to
prepare a copy of a record, but only when an agency's information
technology equipment is inadequate to prepare a copy, and if such service
is used to prepare the copy.
E. When an agency has the ability to retrieve or extract a record or data maintained
in a computer storage system with reasonable effort, or when doing so requires less employee
time than engaging in manual retrieval or redactions from non-electronic records, the agency
shall be required to retrieve or extract such record or data electronically. In such case, the agency
may charge a fee in accordance with paragraph(d)(1)and(2) above.
F. An agency shall inform a person requesting a record of the estimated cost of
preparing a copy of the record if more than two hours of an agency employee's time is needed,
or if it is necessary to retain an outside professional service to prepare a copy of the record.
G. An agency may require that the fee for copying or reproducing a record be paid in
advance of the preparation of such copy.
H. An agency may waive a fee in whole or in part when making copies of records
available.
Section 8. Public Notice.
A notice containing the title or name and business address of the records access officers
and appeals person or body and the location where records can be seen or copies shall be posted
in a conspicuous location wherever records are kept and/or published in a local newspaper of
general circulation.
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Section 9. Severability.
If any provision of these regulations or the application thereof to any person or
circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not
affect or impair the validity of the other provisions of these regulations or the application thereof
to other persons and circumstances.
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MODEL PUBLIC NOTICE
YOU HAVE A RIGHT TO SEE PUBLIC RECORDS
The amended Freedom of Information Law, which took effect on January 1, 1978, gives you the
right of access to many public records.
The Town of Queensbury has adopted regulations governing when, where, and how you
can see public records.
The regulations can be seen at all places where records are kept. According to these regulations,
records can be seen and copied at:
Town Clerk's Office
TOWN OF QUEENSBURY
742 Bay Road
Queensbury,New York 12804
518-761-8234
The following officials will help you to exercise your right to access:
1. Agency officials who have in the past been authorized to make records available
2. Records Access Officer:
Caroline H.Barber,Town Clerk
TOWN OF QUEENSBURY
742 Bay Road
Queensbury,New York 12804
518-761-8234
carolineb(a,q ueensbury.net
If you are denied access to a record,you may appeal to the following person(s) or body:
Town Supervisor
TOWN OF QUEENSBURY
742 Bay Road
Queensbury,New York 12804
518-761-8229
gbysupervisor @queensbury.net
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