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 or confidentiality.

 

2)     These  regulations  provide  information  concerning  the  procedures  by  which  records  may  be obtained  from  an  agency  as  defined  by  Public  Officers  Law  Section  86(3).  No  District regulations shall be more restrictive than this Public Officers Law Article 6.

 

3)     The  District  Records  Access  Officer  shall  furnish  to the  public  the  information  and records required by the Freedom of Information Law, as well as records otherwise available by other applicable law.

 

4)     Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

 

5)     The District shall amend existing regulations or adopt new regulations to implement the Freedom of Information Law in conformity with any amendments to this law.

 

Designation of Records Access Officer

 

1)     The Board of Education shall be responsible for insuring compliance with the regulations herein, and shall designate one person as Records Access Officer by name or by specific job title and business address, who shall have the duty of District response to public requests for access to records.

 

2)       The Records Access Officer is responsible to:

 

a.       Assist the requester in identifying requested records, if necessary;

 

b.       Upon locating the records,take one of the following actions: (1)          Make records available for inspection; or

(2)     Deny access to the records in whole or in part and explain  in writing the reasons therefore;

 

 c.       Upon payment of, or offer to pay, the established fee (if applicable): (1) Provide copies of records;

(2)    Upon request, certify that a record is a true copy;

 

d.      Upon failure to locate records, certify that:

 

(1)    The District is not the custodian for such records, or

 

(2)    The records cannot be found after diligent search. Requests for Public Access to Records

The Board of Education designates the District Office as the location where records shall be available for public inspection and copying.

 

The District shall accept requests for public access to records and produce records during all hours it is regularly open for business.

 

1)      The District requires that a request be made in writing.

 

2)     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.

 

Requests for Public Access to Records via Email

 

If the District has the capability to retrieve electronic records, it must provide such records electronically upon request.

 

The District shall accept requests for records submitted in the form of electronic mail and respond to such requests by electronic mail using the forms supplied by the District. This information shall be posted on the District website, clearly designating the email address for purposes of receiving requests for records via this format.

 

When the District maintains requested records electronically, the response shall inform the requester that the records are accessible via the internet and in printed form either on paper or other information storage medium.The District shall respond to a request within five (5) business days of the receipt of a request. Should all or part of the request need to be denied, the District shall respond in the manner set forth by the rules and regulations stipulated by the Committee on Open Government.

 

(Note:  For sample email request and response forms, see websites: http://www.dos.state.ny.us/coog/emailrequest.htmor http://www.dos.state.ny.us/coog/emailresponse.htm)

 

Response to Requests for Access to Records

 

1)      The District will, in accordance with its published rules, make available for public inspection and copying all records, except that such agency may deny access to records or portions thereof that:

 

a.       Are specifically exempted from disclosure by state or federal statute;

 

b.       If  disclosed  would  constitute  an  unwarranted  invasion  of  personal  privacy  under  the provisions of Public Officers Law Section 89(2);

 

Anunwarranted invasion of personal privacy includes, but shall not be limited to:

 

(1)    Disclosure  of  employment,  medical  or  credit  histories  or  personal  references  of applicants for employment;

 

(2)    Disclosure of items involving the medical or personal records of a client or patient in a medical facility;

 

(3)    Sale  or  release  of  lists  of  names  and  addresses  if  such  lists  would  be  used  for solicitation or fundraising purposes;

 

(4)    Disclosure  of  information  of  a  personal  nature  when  disclosure  would  result  in economic  or  personal  hardship  to  the  subject  party,  and  such  information  is  not relevant to the work of the agency requesting or maintaining it; or

 

(5)    Disclosure of information  of a personal nature reported in confidence to the District and not relevant to the ordinary work of the District;

 

Unless otherwise  provided  by the Freedom  of Information  Law, disclosure  shall  not be construed to constitute an unwarranted invasion of personal privacy:

 

 

 (1)     When identifying details are deleted;

 

(2)     When the person to whom a record pertains consents in writing to disclosure;

 

(3)     When upon presenting reasonable proof of identity, a person seeks access to records pertaining to himself/herself;

 

c.       If disclosed  would impair  present  or imminent  contract  awards or collective  bargaining negotiations;

 

d.       Are compiled for law enforcement purposes and which, if disclosed would: (1)         Interfere with law enforcement investigation or judicial proceedings; (2)            Deprive a person of a right to a fair trial or impartial adjudication;

(3)     Identify  a  confidential  source  or  disclose  confidential  information  relating  to  a criminal investigation; or

 

(4)     Reveal criminal investigative techniques or procedures, except routine techniques and procedures;

 

e.       If disclosed would endanger the life or safety of any person;

 

f.       Are inter-agency or intra-agency materials which are not: (1) Statistical or factual tabulations or data;

(2)     Instructions to staff that affect the public; (3)         Final agency policy or determinations; or

(4)         External audits, including but not limited to audits performed by the comptroller and the federal government;

 

g.       Are examination questions or answers which are requested prior to the final administration of such questions;

 

h.       Are computer access codes.2)     The District shall, within five (5) business days of receipt of a written request for records(s) reasonably described, make the record(s) available to the person requesting them, deny the request in writing or furnish a written acknowledgment of receipt of the request and a statement of the approximate date when such request will be granted or denied.

 

3)     In cases when a determination has been made to grant a request for a record and circumstances prevent disclosure of the record within twenty (20) business days from the date of the acknowledgement of the request, to state in writing both the reason for the District's inability to grant the request within twenty (20) business days and a date certain, within a reasonable period, depending upon the circumstances, when the request will be granted in whole or in part.

 

4)     Denial of access shall state the reason for the denial and advise the person denied access of his/her right to appeal to the person or body established to hear appeals. That person or body shall be identified by name, title, business address and business telephone number. The Records Access Officer shall not be the appeals officer.

 

Fulfilling FOIL (Freedom of Information Law) Requests

 

The District shall provide copies of records in the format and on the medium requested by the person filing the FOIL request if the District can reasonably do so. The District may not enter into a contract for the creation or maintenance of records if such a contract impairs the right of the public to inspect or copy the District's records.

 

The District cannot use the excuse that the FOIL request is voluminous, burdensome or it lacks the staff to copy the documents as it may recover any costs in complying with the request including having an outside entity provide copying, programming or other services needed.

 

Should the District have the ability to do so with reasonable effort, it must retrieve or extract requested records or data maintained in its computer storage system. Moreover, the District must retrieve or extract records or data electronically when doing so would take less employee time than manual retrieval or redaction of non-electronic records. Programming necessary to retrieve computer records and to either transfer them into the medium requested or to allow them to be read or printed is not deemed to constitute preparation or creation of a new record. Records provided in computer format may not be encrypted.

 

The public may and can only be charged an amount equal to the hourly salary attributed to the employee or employees required to produce a copy of the record, the actual cost of the storage device or media provided in complying with the FOIL request, and the actual cost to the District of engaging an outside professional service to produce a copy of the record or records should the District need to engage an outside entity in order to comply with the FOIL request. The District may not enter into or renew contracts with outside entities for the creation or maintenance of records that impair the public's right to inspect or copy District records.Situations  Constituting Denial

 

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 the District:

 

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 it will grant or deny a request 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 twenty (20) days after the date of its acknowledgment of the receipt of a request;

 

5)     Determines to grant a request in whole or in part within twenty (20) business days of its acknowledgment of the receipt of a request, but fails to do so, unless the District 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 inwhole or in part within twenty (20) business days of its acknowledgment of the receipt of a request and fails to provide the reason in writing explaining its 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 twenty (20) business days is needed to grant or deny the request in whole or in part and provides a date certain within which it will do so, but such date is unreasonable under the circumstances of the request.

 

Appeals

 

1)     Any person denied access to records may appeal within thirty (30) days of a denial.

 

2)     Denial of access shall be in writing stating the reason for denial and advising the person denied access of his/her right to appeal to the person or body designated to determine appeals. Such person or body shall be identified by name, title, business address and business phone number. The District Records Access Officer shall not be the appeals officer.

 3)     The  Superintendent  shall  hear  appeals  or  shall  designate  a  person  or  body  to  hear  appeals regarding denial of access to records under the Freedom of Information Law.

 

4)     The time  for  deciding  an appeal  by the individual  or  body  designated  to  hear appeals shall commence upon receipt of written appeal identifying:

 

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

 

b.     The records that were denied; and

 

c.     The name and return address of the appellant.

 

5)     A failure to determine an appeal within ten (10) business days of its receipt by granting access to the records sought or fully explaining  the reasons for further denial in writing shall constitute denial of the appeal.

 

6)     The District shall transmit to the Committee on Open Government  copies of all appeals upon receipt. Such copies shall be addressed to:

 

Committee on Open Government

Department of State

162 Washington Avenue

Albany, New York  12231

 

7)     The person or body designated to hear appeals shall inform the appellant and the Committee on Open Government of its determination  in writing within ten (10) business days of receipt of an appeal.

 

8)     Further denial of access by the Superintendent/Appeals  Officer to a requested  record shall be subject to court review in accordance with Civil Practice Law and Rules Article 78.

 

Fees

 

1)      There shall be no fee charged for the following:

 

a.       Inspection of records;

 

b.       Search for records;

 c.      Certification of documents;