Access to records of the District shall be consistent with the rules and regulations established by the State Committeeon Open Government and shall comply with all the requirements of the New York State Public Officers Law Sections87 and 89.
A record is defined as any information kept, held, filed, produced or reproduced by, with or for the district in any physical form whatsoever, including but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.
A Records Access Officer shall be designated by the Superintendent, subject to the approval of the Board of Education, who shall have theduty of coordinating the School District's response to public request for access to records.
The District shall provide copies of records in the format and on the medium requested by the person filing the Freedom of Information Law (FOIL) request if the District can reasonably do so regardless of burden, volume or cost of the request.
Request for 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 suppliedby the District. This information shall be posted on the District website, clearly designating the e-mail address for purposes of receivingrequests 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.
Access to Records
Time and place records may be inspected: Records may be requested from, and inspected or copied at, the Office of the Records Access Officer, during normal business hours on any business day on which the District administration offices are normally open. Records may also be requested via e-mail at the following address: FOILrequests@mexicocsd.org . A specific request form is available on the District’s website.
Fees: The fees for copies of records will be 50 cents per page, provided it is not bigger than 9 inches by 14 inches, or the actual cost of reproducing any other record.
In determining the actual cost of reproducing a record, the District may include: an amount equal to the hourly salary attributed to the lowest paid agency employee who has the necessary skill required to prepare a copy of the requested record (provided at least two hours of the employee’s time is needed to prepare the copy); the actual cost of the storage devices or media provided to the person making the request in complying with such request; and the actual cost to the District of engaging an outside professional service to prepare a copy of a record, (when the District’s information technology equipment is inadequate to prepare a copy) if such service is used to prepare the copy.
However, no fee shall be charged for the search for or inspection of records, certification of documents, or copies of documents which have been printed or reproduced for distribution to the public. The number of such copies given to any one organization or individual may be limited, in the discretion of the Records Access Officer.
A person requesting a record shall be informed of the estimated cost of preparing a copy of the record if more than two hours of an agency employee`s time is needed, or if an outside professional service would be retained to prepare a copy of the record.
Procedures: Requests to inspect or secure copies of records shall be submitted in writing, either in person by mail, or via e-mail to the Records Access Officer. A specific request form is available on the District’s website.
All requests for records shall be responded to within five business days of receipt of the request. If the request cannot be fulfilled within five business days, the Records Access Officer shall acknowledge receipt of the request and advise the approximate date when the request will be granted or denied.
Requests for inspection of records shall be responded to by the Records Access Officer within five business days, indicating a date and time when the applicant may come in to review the records requests which are not exempted from disclosure. If certain records are to be withheld, the Records Access Officer will inform the applicant if a copy of the record, following deletions or redactions, can be made available, and the fees that would apply. If records are inspected, an employee of the District will be present at all times and the applicant’s use of his/her own photocopier will not be permitted when it is reasonably determined that such use would cause disruption.
If a request cannot be granted within 20 business days from the date of acknowledgement of the request, the District will state in writing both the reason the request cannot be granted within 20 business days, and a date certain within a reasonable period when it will be granted depending on the circumstances of the request.
Denial of Access: When a request for access to a public record is denied, the Records Access Officer shall indicate in writing the reasons for such denial, and the right to appeal.
Appeal: An applicant denied access to a public record may file an appeal in writing to the Records Appeal Officer within 30 days after the denial from which such appeal is taken.
The Records Appeal Officer shall respond in writing to the applicant within 10 business days of receipt of an appeal of his/her determination.
The applicant and the New York State Committee on Open Government will be informed of Record Appeal Officer’s determination in writing within 10 business days of receipt of an appeal. The District shall transmit to the Committee on Open Government photocopies of all appeals and determinations.