
Records Access Policy - FOIL
PUBLIC ACCESS TO RECORDS OF
Liberty Public Library
1. Purpose and scope
2. Designation of records access officer
3. Location
4. Hours for public inspection
5. Requests for public access to records
6. Subject matter list
7. Denial of access to records
8. Fees
9. Public notice
10. 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 Liberty Public Library is responsible for insuring compliance with the regulations
herein, and designates the following person(s) as records access officer(s):
Library Director
189 North Main St.
Liberty, NY 12754
(b) Records access officers are responsible for insuring appropriate agency response to public requests for access to records. The designation of records access officers 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.
Records access officers shall insure that personnel:
(1) Maintain an up-to-date subject matter list.
(2) Assist the requester in identifying requested records, if necessary.
(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:
(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.
(5) Upon request, certify that a record is a true copy; and
(6) Upon failure to locate records, certify that;
(i) Liberty Public Library is not the custodian for such records, or
(ii) The records of which Liberty Public Library is a custodian cannot be found after diligent search.
Section 3 Location.
Records shall be available for public inspection and copying at:
Liberty Public Library
189 North Main St.
Liberty, NY 12754
Section 4 Hours for public inspection
Request for public access to records shall be accepted and records produced during the following business hours.
These hours are:
Mon-Fri 11 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.
(b) A response shall be given regarding any request reasonably describing the record or records sought within five business days of receipt of 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 record 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.
Section 6 Subject matter list.
(a) 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.
(b) The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
(c) The subject matter list shall be updated not less than twice per year.
The most recent update shall appear on the first page of the subject matter list.
Section 7 Denial of access to records.
(a) Denial of access to records shall be in writing stating the reason therefore and advising the requester of the right to appeal to the individual or body established to determine appeals.
(b) If requested records are not provided promptly, as required in Section 5(d) 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:
President, Board of Trustees
Liberty Public Library
189 North Main St.
Liberty, NY 12754
(d) 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 of the appeal.
(2) The date and location of the requests 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 Section 5 (d); and
(5) The name and return address of the requester.
(e) The individual or body designated to determine appeals shall inform the requester of a decision in writing within ten business days of receipt of an appeal.
(f) 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
(g) 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 (f) of this section.
Section 8 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) FEES FOR PHOTOCOPIES
The fee for photocopies not exceeding 9 by 14 inches is 15¢ cents per page.
Section 9 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.
Section 10 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.
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. Liberty Public Library 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:
Liberty Public Library
189 North Main St.
Liberty, NY 12754
The following officials will help you to exercise your right to access:
Records Access Officer:
Library Director (If Director is unavailable, contact Principal Library Clerk)
Liberty Public Library
189 North Main St.
Liberty, NY 12754
If you are denied access to a record, you may appeal to the following person(s) or body:
President, Board of Trustees
Liberty Public Library
189 North Main St.
Liberty, NY 12754
LIBERTY PUBLIC LIBRARY
RECORDS SUBJECT LIST
ANNUAL BUDGETS
ANNUAL REPORT DOCUMENTS
BILLS LISTS
BILLS PAID
LIBRARY BOARD MEETING MINUTES
LIBRARY DIRECTOR’S REPORTS
LIBRARY POLICY & PROCEDURE MANUALS
LIBRARY PRESS RELEASES
MONTHLY PROFIT & LOSS BUDGET VS. ACTUAL REPORTS
PATRON RECORDS (UNAVAILABLE—CONFIDENTIAL BY LAW)
PERSONNEL RECORDS
PERSONNEL SALARIES
Requesting Records
Library Director
Liberty Public Library
189 North Main St.
Liberty, NY 12754
Dear Library Director:
Under the provisions of the Personal Privacy Protection Law, Article 6-A of the Public Officers Law, I hereby request a copy of (or: access to) ______________________________________________________________________________________________________________________________________________________________________________________________________
(describe as accurately and specifically as possible the record or records you want, and provide all the relevant information you have concerning them).
If there are any fees for copying the records I am requesting, please inform me before you fill the request. (or: .... please supply the records without informing me if the fees do not exceed $ _____).
If all or any part of this request is denied, please cite the reason(s) which you think justifies your refusal to release the information. As you know, the Personal Privacy Protection Law requires that an agency respond to a request within five business days of its receipt. Also, please inform me of your agency's appeal procedure.
In order to expedite consideration of my request, I am enclosing a copy of ________________________(some document of identification).
Thank you for your prompt attention to this matter.
Sincerely,
Signature
______________________________
______________________________
______________________________
Name
Address
City, State, ZIP code