Information
TOWN OF WAPPINGER
TOWN CLERK
CHRIS MASTERSON
SUPERVISOR
JOSEPH RUGGIERO
TOWN CLERK'S OFFICE
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
(845) 297-5771
FAX: (845) 298-1478
TOWN COUNCIL
WILLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
MEMO
To:
Department Heads
From:
John C. Masterson, Town Clerk
Date:
May 3rd, 2007
Re:
Freedom of Information Law (FOIL) Compliance
Due to confusion regarding a recent FOIL request, I would like all
department heads to read through this memo which describes the basic
responsibilities of a municipality, the Records Management Officer (RMO) and
individual department heads in responding to a citizen's request.
The Town of Wappinger requires that a FOIL request be submitted in
writing. This includes e-mailed and faxed requests. If the request is not on the
standard Town of Wappinger FOIL request form, you should attach one to the
request for easier tracking and uniformity. In the "Description of Record Req~ested"
section, you can simply write "see attached". Requiring written FOIL requests also
permits the Town to assess the amount of requests in a given time period, the
response times for requests in a given time period and also provides the Town with
documentation that would be needed in the case of an appeal or legal action taken
by the requestor.
Upon receipt, look over the materials being requested to see if the request is
specific and to make sure it is a valid request. If the materials are filed in your
office, in a manner that makes the retrieval of the requested items practical, than
you will provide the materials. For example, if your department maintained a phone
book of all Town residents, and a citizen submitted a FOIL requesting all Smiths in
the Town of Wappinger, you would provide the information because the names in a
phone book are listed alphabetically by last name. If the citizen requested all Johns
in the Town of Wappinger, you would deny the request because the names in a
phone book are not listed by first name.
A resident cannot FOIL a record that does not exist. He or she cannot
request that you create a record either. He or she may request that the copy of the
record be certified that it is a true and exact copy of the record on file in the Town of
Wappinger or that the Town of Wappinger has not found the requested materials
after a diligent search.
A municipality cannot refuse to carry out a FOIL request because it will take
too much time. As a department head, it is your responsibility to respond to the
request within 5 business days. A response is constituted by the furnishing of the
requested materials, the denial of the request or the written acknowledgement of the
receipt of the request and a statement of the approximate date, which shall be
reasonable under the circumstances of the request. If a department head
determines that the circumstances of the request prevent disclosure within 20
business days, the department head will state, in writing, both the reason for the
inability to grant the request within twenty business days and a date certain within
a reasonable period, depending on the circumstances, when the request will be
granted in whole or in part.
There are very specific situations and circumstances in which a municipality
would and should deny a citizen's FOIL request. An agency may deny access to
records or portions 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 subdivision two of section eighty-nine of this article;
(c) if disclosed would impair present or imminent contract awards or collective bargaining
negotiations;
(d) are trade secrets or are submitted to an agency by a commercial enterprise or derived
from information obtained from a commercial enterprise and which if disclosed would cause
substantial injury to the competitive position of the subject enterprise;
(e) 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 relating to a
criminal investigation; or
iv. reveal criminal investigative techniques or procedures, except routine techniques
and procedures;
(f) if disclosed could endanger the life or safety of any person;
(g) are inter-agency or intra-agency materials which are not:
i. statistical or factual tabulations or data;
ii. instructions to staff that affect the public;
iii. final agency policy or determinations; or
iv. external audits, including but not limited to audits performed by the comptroller and
the federal government; or
(h) are examination questions or answers which are requested prior to the final administration
of such questions;
(i) if disclosed, would jeopardize an agency's capacity to guarantee the security of its
information technology assets, such assets encompassing both electronic information
systems and infrastructures; or
0) are photographs, microphotographs, videotape or other recorded images prepared under
authority of section eleven hundred eleven-a of the vehicle and traffic law.
Please note that embarrassment is not a valid reason for denying access to records.
.. ..
Citizens typically request specific materials to be provided for inspection or in
paper format. Ifrecords are duplicated, the citizen will pay $0.25 per page. Ifrecords
are requested that are not stored as paper, the cost charged to the citizen is the charge
incurred in duplication of the record.
In order to maintain the integrity of the FOIL database, it is important to return
the completed FOIL request to the Town Clerk's Office. Make sure that it is signed,
dated and correctly checked off "Closed" or "Denied".
For more information please contact me or refer to the following website:
http://www.dos.state.ny.us/cooglfoiI2.htm
Thank you in advance for your cooperation.
John C. Masterson
Town Clerk