TOWN OF COPAKE

PROCEDURES UNDER

FREEDOM OF INFORMATION LAW

1.      All requests to the Town of Copake for records under the Freedom of Information Law (Public Officers Law, Section 87) (FOIL)  shall be in writing and shall be mailed, hand delivered or faxed to the Copake Town Clerk for recording and dating. Envelopes shall be clearly marked “Freedom of Information Request”.  The Town will accept electronic requests, but such requests must be followed up by a signed, written copy. A log of requests will be maintained by the Town Clerk.

2.      All requests shall be identified on the face of the envelope as a FOIL REQUEST, and unopened if possible, shall be delivered to the mailbox of the FOIL Officer, Morris H. Ordover for review and response.  In his absence, either the Town Attorney or the Town Clerk is permitted to review and reply.  Requests received by Department, Board or Committee heads, are to be delivered to the Town Clerk within one business day from receipt.

A copy of each request, as well as a copy of the reply, shall be delivered by the FOIL Officer to the Town Attorney.

3.      The initial response shall be in writing and shall be made within five (5) business days of the receipt of any such request.  The initial reply shall be responsive and should, if possible, indicate when the requested files should be available at the office of the Town Clerk.

If the FOIL officer determines that the request can be fulfilled, and circumstances delay disclosure for twenty additional days, a written statement is to be sent to the requester stating when the request will be granted.

4.      The Town shall be entitled to charge fees for copies of the records not exceeding $.25 per page, except with respect to records in excess of 9” x 14” or records that cannot be photocopied, and in that event, the charge shall be the actual cost of reproducing the record. In the event that digital copies are requested, the charge shall also be the actual cost of reproducing the record, but with a minimum charge of $1.00 for each disc provided. The Town may also charge for the labor cost of file reproduction if in excess of two hours.

5.      When the records are assembled, the party making the request shall be advised in writing when and where they will be available and the costs of preparation and copying.

6.      If any such request for records is denied, a letter will be issued by the FOIL Officer or by any other authorized representative of the Town, indicating the reason for such denial, with copies to the Town Attorney.

7.      The Town shall maintain the following records:

(a)   A record of the final vote of each member in every agency proceeding in which the member votes;

(b)   A record setting forth the name, public office address, title and salary of every officer or employee of the agency; and

(c)    A reasonably detailed current list by subject matter, of all records in the possession of the agency, whether or not available under these procedures.  This subject list shall be updated annually. The Town shall post its current list on its website as well as referral to the website of the Committee on Open Government.

8.      All procedures carried out by the Town in connection with any requests for records shall be pursuant to the provisions of Article 6 of the Public Officers Law, known as the Freedom of Information Law.

NOTE:  Where agency is stated in the law, it is defined as any municipal department, board, bureau, division, commission, committee, public authority, office or other governmental entity performing a governmental function for the state or any one or more municipalities thereof.

FOIL PROCEDURE

Approved 2/19/11

Copake Town Board