Freedom of Information Law Policy at the Gates Public Library

Purpose and Scope
The public's right to know the process of library 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 a cloak of secrecy or confidentiality.

This policy provides information concerning the procedure by which records may be obtained.

The library shall furnish to the public the information and records required by the Freedom of Information Law (F.O.I.L.) and those which were furnished to the public prior to its enactment.

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

Records Access Officers
The Library Board is responsible for ensuring compliance with this policy and has designated the Library Director (or, in her absence, the Assistant Library Director) as the records access officer.

Record access officers are responsible for ensuring appropriate library response to public requests for access to records.

Record access officers shall assure that the library...

• Maintains an up-to-date subject matter list
• Assists the requester in identifying the requested records, if necessary

Upon locating the records, record access officers shall...

• make records promptly available for inspection, or
• deny access to the records in whole or in part and explain in writing the reasons therefore

Upon request for copies of records, record access officers...

• make a copy available upon payment per standard interlibrary loan charges, or
• permit the requester to copy those records in the library

Upon request, record access officers shall certify that the transcript is a true copy of records

Upon failure to locate records, record access officers shall certify that...

• the library is not the legal custodian for such records, or
• the records of which the library is a legal custodian cannot be found after diligent search

Records produced shall be available during 9:00 am to 5:00 pm daily, Monday through Friday, except for holidays. Alternative arrangements may be made depending on the work hours of the library's record access officers.

Request Procedure
Requests may be oral or in writing but must be identified as F.O.I.L. requests. Staff receiving F.O.I.L. requests must complete form G-192 and forward the request to the Library Director. In the event the Director is absent for more than 3 days, the form will be forwarded to the Assistant Director.

Response to a Request
Except under extraordinary circumstances, library officials shall respond to a request for records no more than five library business days from the receipt of an oral or written request.

If, because of extraordinary circumstances, more than five business days are required to respond to a request, the receipt of the request will be acknowledged within five business days after the request is received. The acknowledgement shall state the reason for the delay and estimate the date when the request will be fulfilled.

A list of all library files kept according to State Archives and Records Administration regulations shall be maintained by the library's Business Services department and will be updated periodically.

No records may be removed from the library without the permission of the Records Access Officer.

Denial of Access to Records
Denial of access to records shall be made in writing. The written communication will state the reason for the denial and will advise the requester of the right to appeal.

If the requested records are provided promptly, such failure shall also be deemed a denial of access.

The Library Board of Trustees shall hear appeals for denial of access to records under F.O.I.L. within seven business days of receipt of an appeal request.

A final denial of access to a requested record shall be subject to court review as provided for in Article 78 of the Civil Practice Law and Rules.


Public Notice
A notice shall be posted in a conspicuous location wherever public copies of library records are kept that shall include the names, job titles, business addresses, and telephone numbers of the Records Access Officers, plus the names, job titles, business addresses, and telephone numbers of the members of the appeal body.