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Amherst to align FOIL practice with state law, designating records access officers
Summary
The town board repealed its local FOIL ordinance and adopted a policy that follows New York State Public Officers Law §§84–90, designating records access officers and keeping state response timelines in place, after staff said the change will simplify appeals and processes.
The Amherst Town Board voted to repeal the town’s Chapter 22 freedom‑of‑information law and replace it with a policy that conforms to New York State Public Officers Law sections 84–90, the board said on July 27.
Sam Alba, senior deputy counsel in the Town Attorney’s Office, told the board that the town’s two‑tiered local appeal process had proved confusing and inequitable and that adopting the state framework would streamline requests. "We are replacing our law with a FOIL policy, which essentially designates who the records access officer is," Alba said, noting that appeals would go to the town attorney’s office consistent with state rules.
Residents asked whether the proposed policy specifies response timeframes and backup arrangements when a designee is unavailable. Alba said the state law retains the 5‑day initial response timing and that the policy allows other departmental staff to respond when a designated officer is out of the office; the town will provide a copy of the state law and finalize wording in the policy documents. The board approved the repeal and replacement.
