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Article 1 - Access To District Records
| Section 1.1 | Purpose |
| Section 1.2 | Designation Of Records Access Officer |
| Section 1.3 | Location |
| Section 1.4 | Hours For Public Inspection |
| Section 1.5 | Requests for Public Access to Records |
| Section 1.6 | Subject Matter List |
| Section 1.7 | Denial of Access to Records |
| Section 1.8 | Fees |
| Section 1.9 | Public Notice |
| Section 1.10 | Release of Names |
| Section 1.11 | Severability |
Article 1
ACCESS TO DISTRICT RECORDS
Adopted 01/15/02
The purpose of this policy is to provide procedures for access by the public to District records pursuant to Public Officers Law Article 6, the Freedom of Information Law (FOIL).
Section 1.2 Designation Of Records Access Officer
(A) The Board of Education is responsible for insuring compliance with this policy and designates the Superintendent and the Business Executive as records access officers.
(B) The records access officers are responsible for insuring appropriate response to public requests for access to records.
(C) The 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:
(a) Make records available for inspection; or,
(b) Deny access to the records in whole or in part and explain in writing the reasons therefor.
(4) Upon request for copies of records:
(a) Make a copy available upon payment or offer to pay established fees, if any, in accordance with Section 8; or,
(b) 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;
(a) the District is not the custodian for such records, or
(b) the records of which the District is a custodian cannot be found after diligent search.
Records shall be available for public inspection and copying at the District business office located at 99 LaPan Highway, Saranac Lake, New York.
Section 1.4 Hours For Public Inspection
Requests for public access to records shall be accepted and records produced during the hours of 9:30 a.m. and 4:00 p.m.
Section 1.5 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 1.6 Subject Matter List
(A) The records access officers 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 1.7 Denial of Access to Records
(A) 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.
(B) If requested records are not provided promptly, as required in Section 5 (d) of this policy, such failure shall also be deemed a denial of access.
(C) The Board of Education shall determine appeals regarding denial of access to records under the Freedom of Information Law:
(D) The time for deciding an appeal by the board 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 board shall inform the requester of a decision in writing within ten business days of receipt of an appeal.
(F) The board clerk 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 board 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.
(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) The fee for photocopies not exceeding 9 by 14 inches is 254 cents per page.
(C) The fee for copies of records other than photocopies which are more than 9 by 14 inches in size shall be the actual copying cost excluding fixed agency costs such as salaries.
A notice containing the title or name and business address of the records access officer 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.
(A) The release of names of students, or of any other identifying information relating to students, is prohibited unless the District is specifically authorized and required by law to release the same to the person requesting such information.
(B) Lists of names of District residents or staff members may be released only after receiving written approval of the Board of Education, provided that the individual or group requesting the information is from a not-for-profit organization.
(C) Notwithstanding any other provision of this policy, the sale or release of names in the possession of the District shall be and hereby is prohibited if such lists would be used for private, commercial, or fund-raising purposes.
If any provision of this policy 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 this policy or the application thereof to other persons and circumstances.