§ 24-11. Public access to records.


Latest version.
  • To comply with Article 6 of the Public Officers Law, the following format will be followed:
    A. 
    All requests for information shall be in writing, shall reasonably describe the record requested and shall be made during regular business hours of the Town of North Hempstead offices.
    B. 
    Within five business days of the receipt of the written request, one of the following shall occur:
    (1) 
    The record will be made available to the person requesting it.
    (2) 
    The request will be denied in writing.
    (3) 
    A written acknowledgment of the receipt of the request and a statement of the approximate date when such request shall be granted or denied will be forwarded.
    C. 
    Any person denied access to a record may appeal within 30 days, in writing, such denial to the Town Attorney.
    D. 
    The Town Attorney is hereby designated as the appeal agency for determination of denials and will proceed as follows:
    (1) 
    The Town Attorney shall, within 10 business days of the receipt of an appeal, fully explain, in writing, to the person requesting the record the reason for further denial, or the Town Attorney shall provide access to the record sought.
    (2) 
    The Town Attorney shall forward to the Committee on Open Government a copy of such appeal when received by the agency and shall also forward to said Committee the ensuing determination thereon.
    E. 
    A set fee will be charged per photocopy of record. Such charges will be established by resolution of the Town Board.
    F. 
    Records Access Officer.
    (1) 
    A Deputy Town Attorney to be named by the Supervisor is designated as the Chief Records Access Officer. All document requests under Article 6 of the Public Officers Law shall be submitted in the first instance to the Chief Records Access Officer on a form approved by the Chief Records Access Officer. The Chief Records Access Officer shall not confer with, or seek advice from, the appeals officer in relation to a request made under Article 6 of the Public Officers Law.
    (2) 
    The Chief Records Access Officer shall be responsible for responding to all such requests involving the retrieval of active records, as defined in § 24-8 above.
    (3) 
    Whenever the Chief Records Access Officer determines that the document request in question involves retrieval of inactive or archival records, as defined in § 24-8 above, the Chief Records Access Officer shall refer the request to the Town Clerk as the Records Access Officer for inactive and archival records.
Amended 12-16-1997 by L.L. No. 26-1997; 4-18-2000 by L.L. No. 7-2000