WCSD Public Access to Records

Section 1 PURPOSE AND SCOPE [Back to top]

(a) The people’s right to know the process of government decision making and the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.

(b) These regulations provide information concerning the procedures by which records may be obtained.

(c) Personnel shall furnish to the public the information and records required by the Freedom of Information Law and those which were furnished to the public prior to its enactment.

(d) Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

Section 2 DESIGNATION OF RECORDS ACCESS OFFICER [Back to top]

(a) The Superintendent of Schools is responsible for insuring compliance with the regulations herein, and designates the following person as records access officer:

Joanne Sereda, Director of Human Resources
Wappingers Central School District
167 Myers Corners Road, Suite 200
Wappingers Falls, NY 12590
Joanne.Sereda@wappingersschools.org

(b) The Records access officer is responsible for insuring appropriate agency response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been authorized to make records or information available.

Records access officer shall assure that personnel:

1.		Maintain an up-to-date subject matter list;
2.		Assist the requester in identifying requested records, if necessary;
3.		Upon locating the records, take one of the following actions in accordance with Section 6 (b):
	(i)	Make records promptly available for inspection;
	or
	(ii)	Indicate there has been a denial of access as set forth in section 4 below.
4.		Deny access to the records in whole or in part and explain in writing the reasons therefore, along with an explanation of the right to appeal such denial to the Superintendent of Schools within 30 days after the denial from which such appeal is taken.
	or
	(i)	Permit the requester to hand copy those records.
5.		Upon request, certify that a transcript is a true copy of records copied;
6.		Upon failure to locate records, certify that:
	(i)	The Wappingers Central School District is not the legal custodian for such records;
	(ii)	The records of which the Wappingers Central School District is a legal custodian, after diligent search, cannot be found

Section 3 DESIGNATION OF FISCAL OFFICER [Back to top]

(a) Michele Moloney, the School Business Manager in the Wappingers Central School District, is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with Section 6, for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency.

(b) The Fiscal Officer shall make the payroll items listed above available to any person including bona fide members of the news media as required under Section 88 (1) (g), (1) (I), and (10) of the Freedom of Information Law upon submission of appropriate form.

Section 4 LOCATION [Back to top]

Records shall be available for public inspection and copying at the school building in which they are kept.

	Brinckerhoff Elementary School 16 Wedgewood Road Fishkill, NY 12524		Sheafe Road Elementary School 287 Sheafe Road Wappingers Falls, NY 12590
	James S. Evans Elementary School 26 Old Route 9 Wappingers Falls, NY 12590		Vassar Road Elementary School 174 Vassar Road Poughkeepsie, NY 12603
	Fishkill Elementary School 20 Church Street Fishkill, NY 12524		Van Wyck Junior High School 10 Hillside Lake Road Wappingers Falls, NY 12590
	Fishkill Plains Elementary School 17 Lake Walton Road Wappingers Falls, NY 12590		Wappingers Falls Junior High School 90 South Remsen Avenue Wappingers Falls, NY 12590
	Gayhead Elementary School 15 Entry Road Hopewell Junction, NY 12533		John Jay Senior High School 2012 Route 52 Hopewell Junction, NY 12533
	Kinry Road Elementary School 58 Kinry Road Poughkeepsie, NY 12603		Roy C. Ketcham Senior High School 99 Myers Corners Road Wappingers Falls, NY 12590
	Myers Corners Elementary School 154 Myers Corners Road Wappingers Falls, NY 12590		Orchard View Alternative School 167 Myers Corners Road Wappingers Falls, NY 12590
	Oak Grove Elementary School 40 Kerr Road Poughkeepsie, NY 12601

Business and Central Office files are located at Wappingers Central School District, 167 Myers Corners Road, Suite 200, Wappingers Falls, NY, 12590.

Section 5 HOURS FOR PUBLIC INSPECTION [Back to top]

Requests for public access to records shall be accepted and records produced during all hours regularly open for business, usually 9:00 a.m. to 3:00 p.m. Check with specific office.

Section 6 REQUESTS FOR PUBLIC ACCESS TO RECORDS [Back to top]

(a) Where a request for records is required, such request may be oral, in writing, or via email. The District shall attempt, where possible, to respond to email requests via email. However, written requests shall not be required for records that have been customarily available without written request.

(b) (1) Except under extraordinary circumstances, officials shall respond to a request for records immediately, if possible, and no more than five business days after receipt of request.

(2) If, because of extraordinary circumstances, more than five business days are required to respond to a request, receipt of the request shall be acknowledged within five business days after the request is received. The acknowledgment shall state the reason for delay and estimate the date when a reply will be made. If the request cannot be granted within 20 business days from the date of acknowledgment 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 upon the circumstances of the request.

(c) A request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records.

However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable.

(d) (1) A current list, by subject matter, of all records produced, filed, or first kept or promulgated after September 1, 1974, shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to properly identify the category of the records sought.

(2) The subject matter list shall be updated periodically and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannually.

(e) No records may be removed by the requester from the office where the record is located without the permission of the Superintendent of Schools or his designee.

Section 7 DENIAL OF ACCESS TO RECORDS [Back to top]

(a) Denial of access to records shall be in writing stating the reason therefore, and advising the requester of the right to appeal to the individual or body established to hear appeals.

(b) If requested records are not provided promptly, as required in Section 6 (b) of these regulations, such failure shall also be deemed a denial of access.

(c) The following person or persons or body shall hear appeals for denial of access to records under the Freedom of Information Law:

Superintendent of Schools
Wappingers Central School District
167 Myers Corners Road, Suite 200
Wappingers Falls, NY 12590
Telephone: (845)298-5000, x145

(d) The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying:

The date of the appeal.
The date and location of the requests for records.
The records to which the requester was denied access.
Whether the denial of access was in writing or was by failure to provide records promptly as required by Section 6 (b).
The name and return address of the requester.

(e) TheSupetintendent of Schools shall inform the requester of its decision in writing within seven business days of receipt of an appeal.

(f) A final denial of access to a requested record, as provided for in subdivision (e) of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.

Section 8 FEES [Back to top]

Fees for providing a member of the public or a representative of the news media with a copy or a transcript:

Photocopy - $.25 per page
In cases of records not ordinarily reproduced by copy machines, the actual cost of transcribing same will be charged.

All fees are payable upon receipt of the copies requested to the person providing the copies. Payment should be by check or money order, made payable to the Wappingers Central School District. Payments up to $1.00 may be made in cash. A written receipt will be provided in all cash transactions. All monies will be forwarded to the Business Office with a memo indicating for what the money was collected.

Section 9 PUBLIC NOTICE [Back to top]

A notice containing the job title or name and business address of the records access officer and fiscal officer; the name, job title, business address and telephone number of the appeal person or persons or body; and the location where records can be seen or copied, shall be posted in a conspicuous location in each building Main Office, the office of the Superintendent of Schools, the Business Office, and the office of the Director of Human Resources.

Section 10 SEVERABILITY [Back to top]

If any provision of these regulations or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of these regulations or the application thereof to other persons and circumstances.