[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 3-8-1978 by resolution. Amendments noted where applicable.]
The Supervisor, as Chief Fiscal Officer, is
hereby designated as the individual to whom a bona fide member of
the news media shall direct requests upon the form prescribed by the
Comptroller of the State of New York for the inspection of the payroll
records of the Town of Tuxedo and provide a certified copy. All requests
by the news media shall be made directly to the Supervisor at his
office located at the Town Hall, Orange Turnpike, Tuxedo, New York,
at all hours that the Supervisor's office is regularly open for business.
The following persons shall be called records
access officers who shall make available to the public all records
pertaining to the operation of the particular Tuxedo agency, which
records shall be kept in the area designated:
A.Â
Town Clerk, Town Hall, Tuxedo, New York, telephone
351-4411.
B.Â
Zoning and Building Inspector, Town Hall, Tuxedo,
New York, telephone 351-4411.
C.Â
Superintendent of Highways, Town Hall, Tuxedo, New
York, telephone 351-2594.
D.Â
Chief of Police, Town Hall, Tuxedo, New York, telephone
351-5111.
E.Â
Town Assessor, Route 17, Tuxedo, New York, telephone
351-5602.
F.Â
Chairman, Fire Commissioners, Town Hall, Tuxedo, New
York, telephone 351-4411.
G.Â
Court Clerk, Town Hall, Tuxedo, New York, telephone
351-2230.
The records access officers are responsible
for assuring that agency personnel are responsible for the following:
Each agency shall designate the locations where
records shall be available for public inspection and copying.
Each agency shall accept requests for public
access to records and produce records during all hours it is regularly
open for business.
A.Â
An agency may require that a request be made in writing
or may make records available upon oral request.
B.Â
An agency shall respond to any request reasonably
describing the record or records sought within five business days
of receipt of the request.
C.Â
A request shall reasonably describe the record or
records sought. Whenever possible, a person requesting records should
supply information regarding dates, file designations or other information
that may help to describe the records sought.
D.Â
If the agency does not provide or deny access to the
record sought within five business days of receipt of a request, the
agency shall furnish a written acknowledgment of receipt of the request
and a statement of the approximate date when the request will be granted
or denied. If access to records is neither granted nor denied within
10 business days after the date of acknowledgment of receipt of a
request, the request may be construed as a denial of access that may
be appealed.
A.Â
Each agency shall maintain a reasonably detailed current
list by subject matter of all records in its possession, whether or
not records are available pursuant to Subdivision 2 of § 87
of the Public Officers Law.
B.Â
The subject matter list shall be sufficiently detailed
to permit identification of the category of the record sought.
C.Â
The subject matter list shall be updated not less
than twice per year. The most recent update shall appear on the first
page of the subject matter list.
A.Â
The Town Board of the Town of Tuxedo shall hear appeals
or shall designate a person or body to hear appeals regarding denial
of access to records under the Freedom of Information Law.
B.Â
Denial of access shall be in writing stating the reason
therefor and advising the person denied access of his or her right
to appeal to the person or body established to hear appeals, and that
person or body shall be identified by name, title, business address
and business telephone number. The records access officer shall not
be the appeals officer.
C.Â
If an agency fails to respond to a request within five business days of receipt of a request as required in § 75-6D of this chapter, such failure shall be deemed a denial of access by the agency.
D.Â
Any person denied access to records may appeal within
30 days of a denial.
F.Â
The agency shall transmit to the Committee on Public
Access to Records copies of all appeals upon receipt of an appeal.
Such copies shall be addressed to:
Committee on Public Access to Records
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Department of State
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162 Washington Avenue
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Albany, New York 12231
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G.Â
The person or body designated to hear appeals shall inform the appellant and the Committee on Public Access to Records of its determination in writing within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Public Access to Records in the same manner as set forth in Subsection F of this section.
Fees shall be as follows, except when a different
fee is otherwise prescribed by law:
B.Â
An agency may provide copies of records without charging
a fee.
C.Â
An agency may charge a fee for copies of records,
provided that:
(1)Â
The fee for copying records shall not exceed $0.25
per page for photocopies not exceeding nine by fourteen (9 x 14) inches.
The subsection shall not be construed to mandate the raising of fees
where agencies in the past have charged less than $0.25 for such copies.
(2)Â
In agencies which do not have photocopying equipment,
a transcript of the requested records shall be made upon request.
Such transcripts may either be typed or handwritten. In such cases,
the person requesting records may be charged for the clerical time
involved in making the transcript.
Each agency shall publicize by posting in a
conspicuous location and/or by publication in a local newspaper of
general circulation:
A.Â
The location where records shall be made available
for inspection and copying.
B.Â
The name, title, business address and business telephone
number of the designated records access officer.
C.Â
The right to appeal by any person denied access to
a record and the name and business address of the person or body to
whom an appeal is to be directed.