of Information (FOIL)
State’s Freedom of Information Law (Public Officers Law §87 et. seq.) allows
members of the public to access records of
governmental agencies. FOIL provides a process for the review and copying of an
agency’s records. FOIL requests can be
submitted by mail, by email or in person. Please download the form and complete in full and sign (form found under Documents below.)
defines "record" as "any information kept, held, filed, produced
or reproduced by, with or for an agency or the State
Legislature, in any physical form whatsoever. . ." (Section 86(4)). This
would include various media types such as tape or voice recordings, microfilm,
video, and computer discs. An agency is not required to create a new record or provide information in response to questions to
comply with the law. However, the courts have held that an agency must provide
records in the form requested if it has the ability to do so. For instance, if
records are accessible on paper or on a computer tape
or disk, the public may choose to obtain them either way.
include items that may put personal privacy or state or national security at
risk, or may hinder an open investigation.
Franklin County must acknowledge your request within 5 business
days and provide you with an approximate date by which they may respond to your
request. If your request has not been reasonably
described, the Freedom of Information Access Officer may contact you and
request that you clarify your request.
text of the New York State Freedom of Information Law can be found here.
are available for inspection at no cost to the public. Requests for inspection
must be in writing and addressed to the Records Management Department via regular mail or email. The Records Management clerk will acknowledge receipt and provide the requester
with the staff person's name, title, and phone number to schedule an appointment at a mutually convenient date and time for
inspection. Records or portions thereof which are prohibited from disclosure
pursuant to FOIL will be redacted or omitted; the requester will be notified of
the reason(s) for the redaction(s) and of the
procedures to appeal.
also provides a process to appeal the denial of a request. Any person denied
access to a record may within thirty days appeal in
writing to the Chairman of the Franklin County Board of Legislators. If the agency denies or does not determine the appeal
within 10 days, you may initiate further judicial proceedings to challenge the
denial of access.
Under FOIL (Public Officers Law
§87 [b] [iii]) there is a permitted fee of $0.25 per page for duplication of
records. There is no provision in law or regulation for waiver of this fee.
Payment should not be submitted until you are notified that your request is
granted and informed of the charge for your
request. Copies of records must be made available on request. Except when
a different fee is prescribed by statute, an agency may not charge for
inspection, certification or search for records, or charge in excess of 25 cents per photocopy up to 9 by 14 inches (section 87(1) (b)
(iii)). Fees for copies of other records may be charged based upon the actual
cost of reproduction.
have received your fee quote for copies, payment may
be made by check or money order, payable to Franklin County Records Management Office
and mailed to:
Franklin County Clerk’s Office
Records Management ~ FOIL Request
PO Box 70
Malone NY 12953