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Freedom of Information Law
New Freedom of Information Law Form:
Town Clerk Gerry Compitello has created a new Freedom of Information Law (FOIL) form that can be filled out and submitted online. Please see the below instructions from the Town Clerk's Office:
FOIL form.
Instructions for Application for Public Access to Records:
Please fill in the entire application. Applications missing information will not be processed. If processing the application online please fill in your name in the signature line. This is to ensure you have read and filled in the entire application. Please email the completed application (FOIL application) to foil@townofbabylon.com Applications may also be received in the Town Clerk’s Office, 200 E Sunrise Hwy, Lindenhurst NY 11757 or sent via fax to (631)957-7490.
Notes to Applicant:
- Be advised there is a statutory fee due, ($.25 per page not in excess of 9x14) for copies. For anything else, including digital formats, cost of reproduction will be charged. Deposits may be required for voluminous requests. Copy fees are to be paid for any pages required to be redacted prior to viewing a file. FOIL requests will not be processed for any person or company who fails to pay any outstanding FOIL fees due to prior FOIL request. Copies will be prepared unless specifically requested otherwise.
- The Public Officers Law requires that a municipality acknowledge receipt of a FOIL request within (5) Business days.
- The Public Officers Law also states that a municipality has up to 20 business days for processing your request. If more than twenty, (20) business days are required you will be so notified.
- You have the right to appeal a denial of this application in writing to the Town Attorney. You will receive a response in writing within ten, (10) business days of receipt of your appeal.
- If this application is approved the information you receive may not be permitted to be used for solicitation or fundraising purposes.
- What is a FOIL request?
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A Freedom of Information request (FOIL) is a request for access to Town Records pursuant to the Freedom of Information Law (Public Officers Law, article 6 sections 84-90). Once the request form is received by the Town Clerk via fax or in person, the Town Attorney reviews the request with subject area personnel. The law pertains to records only. It is not intended for examination of employees or officials. The Town is not required to create a new record in response to a question or questions. The Town may seek clarification of the requested information and may reasonably decline to honor a request that is not descriptive enough within the context of the Town's record keeping system. All records are available, unless an exception permits an agency to deny access. Common sense and the potential for harm that might arise from a specific disclosure, such as that which could preclude the government from carrying out its duties, are things that could limit disclosure.
- What is the process for making a FOIL request?
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Once the request is made and requested information is compiled by the subject area department, it is forwarded to the Town Clerk’s Office and the requester is notified that the information is available. This is usually done by phone. For more information, contact the Town Clerk’s Office at (631) 957-4296.
- How do I obtain a Public Record under (FOIL) Freedom of Information Law?
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Instructions for Application for Public Access to Records
Please fill in the entire application. Applications missing information will not be processed. If processing the application online please fill in your name in the signature line. This is to ensure you have read and filled in the entire application. Please email the completed application (FOIL application) to foil@townofbabylon.com
Applications may also be received in the Town Clerk’s Office, 200 E Sunrise Hwy, Lindenhurst NY 11757 or sent via fax to (631)957-7490.
Notes to Applicant: · Be advised there is a statutory fee due, ($.25 per page not in excess of 9x14) for copies. For anything else, including digital formats, cost of reproduction will be charged. Deposits may be required for voluminous requests. Copy fees are to be paid for any pages required to be redacted prior to viewing a file. FOIL requests will not be processed for any person or company who fails to pay any outstanding FOIL fees due to prior FOIL request. Copies will be prepared unless specifically requested otherwise. · The Public Officers Law requires that a municipality acknowledge receipt of a FOIL request within (5) Business days. · The Public Officers Law also states that a municipality has up to 20 business days for processing your request. If more than twenty, (20) business days are required you will be so notified. · You have the right to appeal a denial of this application in writing to the Town Attorney. You will receive a response in writing within ten, (10) business days of receipt of your appeal. · If this application is approved the information you receive may not be permitted to be used for solicitation or fundraising purposes.
- Can I make a FOIL request for property information?
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Yes, FOILS can be filed for property information as per usual procedures. If a Certified Certificate of Occupancy is required, the application can be filled out by the property owner in the Department of Planning and Development's Building Division. Certified documents usually take about 2 weeks to be prepared.
- How do I get a copy of Town Board meeting minutes?
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All requests for minutes must be submitted as a Freedom of Information (FOIL) request by filling out the form and submitting it to the Town Clerk's Office.