[KD1]  PUBLIC ACCESS TO RECORDS

Most Recent Revision:  March 21, 1995                                                                                01-06

Objective:   To establish policies to implement the Freedom of Information  Law.

Reference: Freedom of Information Law (as amended L. 1977, c. 933; effective January 1, 1978); New York State Codes, Rules and Regulations, Title 21, Chapter 25 - Committee on Public Access to Records, Part 1401 - Public Access to Records of State and Local Agencies, Including Counties, Cities, Towns, Villages, School Districts and Fire Districts.

Definition:  The law defines "record" as any information kept, held, filed, produced or reproduced by, with or for a unit of State or Local government, in any physical form whatsoever...

Policy:         The people's right to know the process of government decision-making and the documents and statistics leading to determinations is basic to our democratic society.

Procedure:

1.      The County Administrator or designee(s) shall serve as Records Access Officers for Tompkins County.  All requests for records that cite the State or Federal Freedom of Information Laws by any party must be to the Records Access Officer by the department receiving the request.  Whenever a request by any party does not cite a Federal or State Freedom of Information Law, the department involved must submit the request to the Records Access Officer only in the event that the department wishes to deny the request. 

2.      Requests for inspection of public records pursuant to Federal or State Freedom of Information Law may be made to the Records Access Officer located in the County Administrator's Office, between the hours of 9:00 a.m. and 4:30 p.m., Monday - Friday, excluding official County holidays, or to any of the designated Records Access Officers.  A form available at the County Administrator's Office can be completed by the requester.

3.      A department head providing photocopies of records to the general public or the news media may charge up to 25 cents per page, unless a greater fee is justified by unusual photocopying or other media requirements, in which case the County's actual costs may be charged.  Departments are authorized to provide photocopies at no charge or at a reduced charge, depending on the fiscal circumstances of the department.

4.      The Records Access Officer shall be responsible for assuring that County personnel:

a.               Maintain an up-to-date list of records available for public inspection.

b.              Assist requesters in identifying requested records, if necessary.

c.               Upon locating the records:

i. Make records available for inspection; or

ii. Deny access to the records in whole or in part and explain the reasons in writing.

d.      Upon request, certify that a record is a true copy.

e.       Upon failure to locate records, certify that:

i.         The County is not the custodian for such records; or

ii.       The records of which the County is a custodian cannot be found after diligent search.

f.        Maintain files of records requested, person or organization making the request, and action taken.

5.      Each department head shall be responsible for compiling a list of all    records within the department available for public inspection.  This list shall be updated not less than twice a year and filed with the Records Access Officer.  Examples of records which might be requested include:

a.       All orders and rulings made by the department in the adjudication of cases.  Where they exist, dissenting opinions shall also be recorded.

b.      All statements of policy or interpretation, together with the supporting data used and a record of the votes of each person involved.

c.       Minutes of all meetings of boards, committees, commissions or councils affiliated with the department.

d.      Internal or external audits.

e.       An itemized list showing the name, title and salary of each employee.

6.              To prevent unwarranted invasion of personal privacy, the following information may not be disclosed by agencies, officers or employees of County government. 

a.               Personal matters reported in confidence and not essential to ordinary work of an agency.

b.              Employment, medical, credit or reference information of applicants, employees or citizens unless released by the subject.

c.               Items of a medical or personal nature with respect to patients or clients in hospitals, clinics, health facilities or mental health programs.

d.              Personal files of employees.

e.               Records that are specifically exempted from disclosure by State or Federal statute.

f.                Records that would, if disclosed, result in an unwarranted invasion of privacy.

g.               Records that would, if disclosed, impair present or imminent contract awards or collective bargaining negotiations.

h.               Records that are compiled for law enforcement purposes and which, if disclosed, would:

i.         Interfere with law enforcement investigations or judicial proceedings;

ii.       Deprive a person of a right to a fair trial or impartial adjudication;

iii.      Identify a confidential source or disclose confidential information relative to a criminal investigation; or

iv.     Reveal criminal investigative techniques or procedures.

i.         Records that would, if disclosed, endanger the life or safety of any person.

j.        Interdepartmental communications except to the extent that such materials consist of:

i.                 Statistical or factual tabulations or data;

ii.               Instructions to staff that affect the public; or

iii.              Final County policy or determinations.

k.     Examination questions or answers.

7.      Upon receiving a request reasonably describing the record or records sought, the Records Access Office contacted shall respond to such request within five (5) business days of receipt of the request.  If the Records Access Officer does not provide or deny access to the record(s) sought within five (5) business days of receipt of a request, the Officer shall furnish a written acknowledgement 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 ten

(10) business days after the date of acknowledgement of receipt of a request, the request may be construed as a denial of access that may be appealed.

8.      Denial of access shall be in writing, stating the reason and advising the person denied access of the right to appeal to the Tompkins County Attorney.  Any person denied access to records may appeal within thirty (30) days of a denial.  An appeal shall be in writing and shall identify:

a.               The date and location of a request for records;

b.              The records that were denied; and

c.               The name and address of the appellant.

9.      The County Attorney shall transmit to the New York State Committee on Public Access to Records copies of all appeals upon receipt of an appeal.  Such copies shall be addressed to:

Committee on Public Access to Records

Department of State

162 Washington Avenue

Albany, New York  12231

10.  The County Attorney shall inform the appellant and the Committee on Public Access to Records of its determination in writing within ten (10) business days of receipt of the appeal, and the reason for denial, if the appeal is denied.