§ 56-15. 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 Town Board.

B. 

If requested records are not provided promptly, as required in § 56-13 of this chapter, such failure shall also be deemed a denial of access.

C. 

The Town Board of the Town of Canandaigua shall hear appeals for denial of access to records under the Freedom of Information Law.

D. 

Any person denied access to records may appeal in writing to the Canandaigua Town Board within 30 days of a denial.

E. 

The time for deciding an appeal by the Canandaigua Town Board shall commence upon receipt of a written appeal identifying:

(1) 

The date and location of requests for records;

(2) 

A description, to the extent possible, of the records that were denied; and

(3) 

The name and return address of the person denied access.

F. 

A failure to determine an appeal within 10 business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.

G. 

The person or body designated to hear appeals 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 NYS Department of State 41 State Street Albany, New York 12231

H. 

The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 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 in Subdivision G of this section.