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Thread: Desired changes to West Seneca's Records Access Policy

  1. #1
    Member dtwarren's Avatar
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    Desired changes to West Seneca's Records Access Policy

    Currently it does not appear that the Town has a Records Acces Policy, or if it does it is not publicly known.

    Therefore I would like to see the Town adopt the below provisions to the Town Code. This is modeled after the Department of State’s model FOIL regulations and the Village of Akron’s village code (Chapter 47). I also borrowed from the Federal agencies obligations under FOIA the electronic reading room. The purpose of the electronic reading room is to provide to the public, in electronic form, the most requested documents. This reduces the cost to the Town by reducing, if not nearly eliminating, processing multiple requests for popular information.

    This proposal designates the Town Clerk as the Records Access Officer, since she is the official record depository of the Town. I made the Town Board responsible for hearing FOIL Appeals because the Town Clerk may need to consult the Town Attorney on whether or not certain information may be lawfully withheld under FOIL. I believe that it would be improper for the Town Attorney to advise the Records Access Officer and then hear an appeal based in whole or in part on his advice to the Records Access Officer. The Village of Akron has appointed its Board of Trustees as the body to hear FOIL appeals, probably for this reason.

    By making this part of the Town Code the citizens and Town personnel will be on the same page as to the procedures and policies.

    § 33-7A. Public access to records of the Town of West Seneca

    A. Purpose and scope.
    (1) 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.
    (2) This provide information concerning the procedures by which records may be obtained.
    (3) 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.
    (4) Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
    B. Designation of records access officer.
    (1) Town Board of the Town of West Seneca is responsible for insuring compliance with the regulations herein, and designates the following person(s) as records access officer(s):
    Town Clerk
    1250 Union Road
    West Seneca, New York 14224
    Fax: (716) 677-4330
    E-Mail: pdepasqu@twsny.org
    (2) 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 in the past been authorized to make records or information available to the public from continuing to do so.
    The records access officer shall insure that Town personnel:
    (a) Maintain an up-to-date subject matter list.
    (b) 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.

    (c) 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.
    (d) 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.
    (e) Upon request for copies of records:
    (i) Make a copy available upon payment or offer to pay established fees, if any, in accordance with Section 8; or,
    (ii) Permit the requester to copy those records.
    (f) Upon request, certify that a record is a true copy ; and
    (g) Upon failure to locate records, certify that;
    (i) Town of West Seneca is not the custodian for such records, or
    (ii) The records of which (insert name of agency or municipality) is a custodian cannot be found after diligent search.
    C. Location.
    Records shall be available for public inspection and copying at:

    Town Hall
    1250 Union Road
    West Seneca, New York 14224

    D. 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:
    Monday thru Friday 8:00am - 5:00pm
    Wednesday Evening until 7:00pm
    Summer Hours: July / August 8:00am - 4:30pm
    E. Requests for public access to records:
    (1) A written request may be required, but oral requests may be accepted when records are readily available.
    (2) 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.
    (3) A response shall be given within five business days of receipt of a request by:
    (a) informing a person requesting records that the request or portion of the request does not reasonably describe the records sought, including direction, to the extent possible, that would enable that person to request records reasonably described;
    (b) granting or denying access to records in whole or in part;
    (c) 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
    (d) 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.
    (4) 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.
    (5) 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:
    (a) fails to grant access to the records sought, deny access in writing or acknowledge the receipt of a request within five business days of the receipt of a request;
    (b) acknowledges the receipt of a request within five business days but fails to furnish an approximate date when the request will be granted or denied in whole or in part;
    (c) furnishes an acknowledgment of the receipt of a request within five 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;
    (d) fails to respond to a request within a reasonable time after the approximate date given or within twenty business days after the date of the acknowledgment of the receipt of a request;
    (e) determines to grant a request in whole or in part within twenty 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;
    (f) does not grant a request in whole or in part within twenty 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
    (g) responds to a request, stating that more than twenty 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.
    F. Subject matter list.
    (1) The records access officer 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 two of Section eighty-seven of the Public Officers Law.
    (2) The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
    (3) The subject matter list shall be updated annually. The most recent update shall appear on the first page of the subject matter list.
    G. Denial of access to records.
    (1) 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 or which] shall be identified by name, title, business address and business phone number.
    (2) 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.
    (3) The following person or persons or body shall determine appeals regarding denial of access to records under the Freedom of Information Law:
    West Seneca Town Board
    1250 Union Road
    West Seneca, New York 14224
    (4) Any person denied access to records may appeal within thirty days of a denial.
    (5) The time for deciding an appeal by the individual or body designated to determine appeals shall commence upon receipt of a written appeal identifying:
    (a) the date and location of requests for records;
    (b) a description, to the extent possible, of the records that were denied; and
    (c)the name and return address of the person denied access.
    (6) 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.
    (7) 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
    41 State Street
    Albany, NY 12231
    (8) The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within ten 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 (7) of this section.
    H Fees.
    (1)There shall be no fee charged for:
    (a) inspection of records;
    (b) search for records;
    (c) any certification pursuant to this part.
    (2) Copies may be provided without charging a fee.

    (3) Fees for copies may be charged, provided that:
    (a) 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 that 25 cents for such copies;
    (b) the fee for copies of records not covered by this section, shall not exceed the actual reproduction cost which is the average unit cost for copying a record, excluding fixed costs of the agency such as operator salaries.
    I. 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 on the Town’s website and in a conspicuous location wherever records are kept and published annually in a local newspaper of general circulation.
    J. Electronic Reading Room
    There shall be created and maintained by the Records Access officer or his/her designee an electronic reading room on the Town's website that shall contain information and forms routinely available to the public as well as documents frequently requested under the Freedom of Information Law. The items to be included in this electronic reading room shall include, but is not limited to: The annual proposed and adopted budget, labor contracts, common forms, and such other records in which the public expresses an interest.
    K. 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.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  2. #2
    Member dtwarren's Avatar
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    At the last TB meeting I asked that the Town's FOIL policy be posted on the website. I noticed that since then the following was added:


    Freedom of Information Laws (FOIL)
    The Freedom Of Information Law (FOIL) requires that the public be provided access to governmental records. Acess guidelines and excemptions are set forth by NYS Public Officers Law, Article 6 Sections 84-90 Freedom Of Information Law.

    The Freedom of Information Law

    Sample Form for FOIL Reports
    I hope they do not think that this qualifies as the Town's policy. It does not designate who is the records access officer, who appeals are to be submitted to or any other required information.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  3. #3
    Member Psycho1's Avatar
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    Quote Originally Posted by dtwarren
    At the last TB meeting I asked that the Town's FOIL policy be posted on the website. I noticed that since then the following was added:




    I hope they do not think that this qualifies as the Town's policy. It does not designate who is the records access officer, who appeals are to be submitted to or any other required information.
    All depends if WP thinks it's a good thing. Seems he's still not over his judicial complex yet according to sources.
    I'd rather be hated for who I am... than loved for who I'm not!

  4. #4
    Tony Fracasso - Admin
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    Freedom of Information Laws (FOIL)
    The Freedom Of Information Law (FOIL) requires that the public be provided access to governmental records. Acess guidelines and excemptions are set forth by NYS Public Officers Law, Article 6 Sections 84-90 Freedom Of Information Law.

    The Freedom of Information Law

    Sample Form for FOIL Reports
    They spelled access wrong ?

  5. #5
    Member Spirit of Ebenezer's Avatar
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    DT, given what has gone on for the last 16 yrs. and that Wally and Co. have been in office a grand total of 27 days, could you cut them a little slack ? I think their plates are pretty full with all the inherited. Jeez ! Your friend Bove had 3 yrs. to address such issues and all that while you were posting in here and you never raised those questions, till now.
    Last edited by Spirit of Ebenezer; January 27th, 2008 at 11:42 PM.

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    Quote Originally Posted by Spirit of Ebenezer
    DT, given what has gone on for the last 16 yrs. and that Wally and Co. have been in office a grand total of 27 days, could you cut them a little slack ? I think their plates are pretty full with all the inherited. Jeez ! Your friend Bove had 3 yrs. to address such issues and all that while you were posting in here and you never raised those questions, till now.
    Like it Eb. Would have posted here against DT but I'm havin too much fun on the other WS site. Nasty people out there. Hey DT...........not now.

  7. #7
    Member dtwarren's Avatar
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    Quote Originally Posted by Spirit of Ebenezer
    DT, given what has gone on for the last 16 yrs. and that Wally and Co. have been in office a grand total of 27 days, could you cut them a little slack ? I think their plates are pretty full with all the inherited. Jeez ! Your friend Bove had 3 yrs. to address such issues and all that while you were posting in here and you never raised those questions, till now.

    This is a simple task to post on an existing website a policy that should have been in place since the 1970's. There is nothing new to be created, voted on or done. As to my recent interest in the Town that has been explained elsewhere. BTW I have cut them some slack I am not bringing it up at every meeting like you seem to expect me to have done from your other post.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Member dtwarren's Avatar
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    And here we are over a year later and still nothing.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Member Spirit of Ebenezer's Avatar
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    Could the Supervisor alone enact the changes you seek or would it take a majority council vote ?
    A remark should only hurt within it's proportion of what is true.

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    Member dtwarren's Avatar
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    The posting of the current policy the Supervisor alone could do.

    The adoption of a new one would require the Board to pass.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  11. #11
    Member Spirit of Ebenezer's Avatar
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    Quote Originally Posted by dtwarren View Post
    The posting of the current policy the Supervisor alone could do. The adoption of a new one would require the Board to pass.
    Could a majority council vote also bring about the posting of the current policy if the Supervisor chooses not to do so ?
    A remark should only hurt within it's proportion of what is true.

  12. #12
    Member dtwarren's Avatar
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    Additionally the Town was, and is, required to promulgate its policy by Public Officers Law § 87(1)(a) and its policy must set forth at least the information required by Public Officers Law § 87(1)(b).
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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    Member dtwarren's Avatar
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    Quote Originally Posted by Spirit of Ebenezer View Post
    Could a majority council vote also bring about the posting of the current policy if the Supervisor chooses not to do so ?
    Yes, but if you have a majority you may as well adopt an updated one.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  14. #14
    Member Spirit of Ebenezer's Avatar
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    I find it noble on your part and a bit ironic how you're anti-downsizing efforts would benefit the same present majority council that could address and rectify your concerns about the records access policy. I would think they owe you that much for all your effort, though, I believe you to be against downsizing regardless of personality or for favors returned.

    In my opinion, they won't act on the access policy in part because they don't consider it pertinent or would already have done something and if they are spared from downsizing and seek re-election they know the Republican Council candidate(s) will have your backing. With these types it's usually a case of "what have you done or me lately" ?
    Last edited by Spirit of Ebenezer; May 14th, 2009 at 09:21 PM.
    A remark should only hurt within it's proportion of what is true.

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    Member dtwarren's Avatar
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    I guess better late than never: http://www.westseneca.net/sites/defa...1204133840.pdf Although it does not provide everything in my proposal, it is better than what was in place.

    However from the colloquy in the public hearing this caught my eye: http://www.westseneca.net/index.php?q=node/1445

    Amy Carpenter questioned if an individual can provide their own CD when requesting information.

    Supervisor Meegan stated the town is happy to accommodate the public with this and in the past individuals requesting information have provided their own flash drive.

    Councilman Hart suggested individuals provide a flash drive rather than a disk to avoid possible virus infection.
    Last edited by dtwarren; January 1st, 2015 at 01:41 PM.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

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