FOIL Requests

New York State Freedom Of Information Law (FOIL):

The New York State Freedom Of Information Law (FOIL), set forth in Article 6 (Sections 84-90) of the New York State Public Officers Law, grants the public the right to access records maintained by state and local government agencies. The law is intended to promote transparency and accountability in government, recognizing that an informed public is essential to maintaining a free and open society.

Under FOIL, individuals may request copies of government records, unless those records– or portions of those records– are exempt from disclosure as outlined in the law.

For more information about FOIL and your rights, please refer to the New York State Committee on Open Government at https://opengovernment.ny.gov.

How to Submit a FOIL Request:

To request records from Village of Constableville, you must submit your request in writing to the Records Access Officer:

Mary Failing

Records Access Officer

Email: clerk@constablevilleny.gov
Address: P.O. Box 386, 5859 Schuyler Street, Constableville, NY, 13325
Phone: (315) 397-2569

Requests may be submitted in person, by mail, by email, or online. In your request, please provide a clear and specific description of the records desired; including the type of record, subject matter, and relevant dates, if known. You have the right to submit your request anonymously. However, providing your contact information– such as your name, address, email address, and telephone number– can help facilitate the fulfillment of your request. The Records Access Officer may need to contact you if additional information or clarification is needed.

Submit a Foil Request Online

What Happens After We Receive Your FOIL Request:

After submitting your FOIL request with Village of Constableville, the Records Access Officer will review it and issue a written response within five (5) business days. Their response will either:

Grant the request and provide access to the records;
Deny the request in whole or in part, with a written explanation of the reasons for denial; or
Provide written acknowledgement of the request and provide an estimated date by which the request will be granted or denied.

Fees Associated with FOIL Requests:

Certain fees may be assessed for records produced in response to a FOIL request. You will be notified of the approximate total fees to copy records before they are provided to you.

There is a standard fee of $0.25 per page for paper photocopies up to 9” x 14”. Additional fees may apply for copying oversized documents or media, not to exceed the actual cost of reproduction.

Electronic records may not incur a fee if they are maintained and delivered electronically. However, in limited circumstances, fees may apply for copying electronic records, not to exceed the actual cost of reproduction.

All applicable fees must be paid in full before records are released.

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The actual cost of reproduction of a record may include only: i. 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; ii. the actual cost of the storage devices or media provided to the person making the request in complying with such request; iii. the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, but only when an agency’s information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy; and iv. preparing a copy shall not include search time or administrative costs, and no fee shall be charged unless at least two hours of agency employee time is needed to prepare a copy of the record requested.

Denial of Access and Appeals:

If your FOIL request is denied, either in whole or in part, you have the right to file an administrative appeal to Village of Constableville’s designated FOIL Appeals Officer:

Ian W. Gilbert, Attorney at Law

FOIL Appeals Officer

Email: ian@iangilbertlaw.com
Address: PO Box 821, Croghan, NY 13327
Phone: (315) 665-2302
Fax: (315) 956-0282

In the event that Village of Constableville fails to respond within the statutory timeframes or within a time that is reasonable under the circumstances of your request, this constitutes a constructive denial of access, which you may also appeal to the FOIL Appeals Officer.

You must file your written appeal within thirty (30) days of denial. Village of Constableville then has ten (10) business days to provide records or explain the basis for further denial of access. A failure to determine an appeal within ten (10) business days of its receipt is considered a denial of the appeal.

Inspection of Public Records:

Records are available for public inspection and copying at the following location:

Village Clerk’s Office: 5859 Schuyler Street, Constableville, NY, 13325

Office Hours: By Appointment Only.

To schedule an appointment to inspect and copy records, please contact the Village Clerk at (315) 397-2569, or by email at clerk@constablevilleny.gov.