Freedom of Information Law (“FOIL”)

 

FOIL Process

Within five (5) business days of the receipt of a written request for a record reasonably described, we will send you a letter or email either: making such record available; denying such request in writing; or furnishing a written acknowledgment of the receipt of such request. If you have not received a letter or email within five (5) business days, please contact us at 518-885-2240 or .

An acknowledgment letter will provide you with an estimate of when the records you request will be available, which shall be reasonable under the circumstances of the request. This date is determined by the number of documents you request, their format, their availability, the time it takes to redact any information that cannot be disclosed pursuant to FOIL, the time it takes to assemble the documents, the number of requests we are currently processing, and other factors. Please note that on occasion extension letters will be provided requesting more time to process a request.

If the records you request require a fee to be paid, you will be notified prior to the records being released to you. There are fees applied to receiving copies of records pursuant to both Public Officers Law, Section 87 (FOIL) and Public Officers Law, Section 66-a.

Unless a different fee is otherwise prescribed by statute, Public Officers Law, Section 87(1) authorizes an agency to charge a fee of 25 cents per page for copies of records up to 9” x 14,” or the actual cost of reproducing a record. In determining the actual cost of producing a record, an agency may include only the following:

• An amount equal to the hourly salary attributed to the lowest paid employee who has the necessary skill required to prepare the requested record(s), if at least two hours of agency employee time is needed to prepare a copy of the record(s) requested.
• The actual cost of the storage devices or media provided to the person making the request in complying with such request.
• 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.

Once the requested records are prepared, you may receive the records via email, fax, paper, CD/DVD or USB. Records are available for inspection, by appointment, on business days from 9 a.m. – 5 p.m. at the Records Access Office, Board of Supervisors, 40 McMaster Street, Ballston Spa, NY 12020. You may schedule an appointment for in-person inspection of records by calling 518-885-2240.

 

Right to Appeal

Under provisions of the Public Officers Law, you may appeal a FOIL determination. If you desire to submit such an appeal, you must do so within 30 days of the written response to your FOIL request. Please include a copy of the original request for records and a copy of the FOIL response letter you received with your appeal letter to:

Records Appeal Officer
Saratoga County Attorney
40 McMaster Street
Ballston Spa, NY 12020

The records appeal officer will review the request, conduct a secondary search of records, if warranted, re-examine the exemptions under which the request was denied, and/or consult with the FOIL Officer if necessary. Within ten (10) business days of the receipt of the Appeal, the records appeal officer will fully explain in writing the reason for further denial or will grant full or partial access to the records sought. Please indicate the FOIL request number when corresponding on this subject.

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