FAQ

Is there a cost to obtain records?

There is no initial cost to submit a records request. However, if there is a cost associated with fulfilling your request, you will receive notification of the estimated cost in writing.

Unless a different fee is otherwise noted, we may charge you a fee of:

  • 25¢ per copy of each record up to 9”x 14”, or
  • the actual cost of reproducing each record.

In determining the cost of producing a record, we may include only:

  • an amount equal to the hourly salary of our lowest-paid employee who has the necessary skills to prepare the requested records (when the employee spends at least two hours to prepare them);
  • the cost of the storage devices or media we provide to you; and
  • if applicable, the cost to use an outside professional service to prepare a copy of a record when the department's information technology equipment cannot adequately prepare a copy.

What if my request is denied?

  • Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual or body established to determine appeals, [who or which] shall be identified by name, title, business address and business phone number.
  • If requested records are not provided promptly, as required in Section 5 of these regulations, such failure shall also be deemed a denial of access.
  • The following person or persons or body shall determine appeals regarding denial of access to records under the Freedom of Information Law:
  1. City of Johnstown, ATTN: City Attorney, PO Box 160, 33-41 East Main Street, Johnstown, New York 12095
  • Any person denied access to records may appeal within thirty (30) days of a denial.
  • The time for deciding an appeal by the individual or body designated to determine appeals 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.
  • A failure to determine an appeal within ten (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.
  • The person or body designated to determine appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:
  1. Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231
  • The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within ten 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 subdivision (6) of this section.

New York Department of State - Freedom of Information Law

freedom-information-law-faqs.pdf (ny.gov)