[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 6-26-1996 by L.L. No. 6-1996;[1] amended in its entirety 4-20-2016 by L.L. No. 11-2016. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 105.
[1]
Editor's Note: This local law superseded former Ch. 160, Records,
adopted 4-5-1978 by L.L. No. 2-1978 (Part I, Subpart 17, of the 1964
Code).
These rules and regulations are adopted pursuant to Article
6 of the Public Officers Law of the State of New York entitled "Freedom
of Information Law" and are adopted in conformity with the law and
the rules and regulations promulgated by the Committee on Open Government
to ensure that the people's right of access to the information
which may form the basis of governmental decisions is not abridged
or denied.
A.
The Town Clerk of the Town of Poughkeepsie, with his or her business
officer in Town Hall, One Overocker Road Poughkeepsie, New York, whose
mailing address is Town Clerk's Office, Town Hall, One Overocker
Road, Poughkeepsie, New York 12603, shall have the duty of coordinating
the Town's response to public requests for access to records.
B.
For the sole purpose of responding to requests for records of the
Police Department, the records access officer shall be the Chief of
Police, or his designee, 19 Tucker Drive Poughkeepsie New York 12603.
C.
The duties of the records access officers shall be as set forth in
21 NYCRR 1401, entitled "Public Access to Records," of Chapter XXV
of the rules and regulations promulgated by the Committee on Open
Government governing access to records of the state and local agencies.
Records shall be available for public inspection and copying
as indicated below:
A.
The records of all Town offices, except those of the Police Department,
shall be available through the Office of the Town Clerk, Town Hall,
One Overocker Road Poughkeepsie New York.
B.
The records of the Police Department shall be available through its
offices, 19 Tucker Drive, Poughkeepsie, New York.
A.
The records access officers shall accept requests for public access
to records and shall produce records during any regular business day
between the hours of 8:30 a.m. and 4:00 p.m. However, this shall not
be construed as requiring that a requester be given immediate access
to public records. It is not intended to diminish the time requirements
for granting access to public records as is set forth in Part 1401
of the Rules and Regulations of the Committee on Open Government as
heretofore more specifically designated.
B.
In the event that a request is made for a record kept by an agency
of the Town which does not maintain a regular business schedule as
with an officially designated citizens advisory committee, then an
appointment to inspect and copy any such record shall be arranged
at a mutually convenient location for the requesting party and the
agency having custody of the requested records. If the requester so
desires or a mutually acceptable location cannot be agreed upon, inspection
and copying shall take place at the office of the Town Clerk. Such
an appointment shall be arranged through the Town Clerk of the Town
of Poughkeepsie, whose address is Town Hall, One Overocker Road, Poughkeepsie,
New York. All such requests shall be in writing directed to the Legal
Department and shall be easily legible.
A.
All requests for records shall be in writing. The request shall reasonably
describe the record or records sought and shall, where possible, contain
relevant information as to dates, file designations and other information
that may help to describe the records sought. These requests shall
be submitted to the Town Clerk at his/her offices in Town Hall, One
Overocker Road, Poughkeepsie, New York 12603, or for Police Department
records to the Town of Poughkeepsie Police Department, 19 Tucker Drive,
Poughkeepsie, New York 12603.
B.
Subsection A above shall not be construed as prohibiting access to records upon an oral request when the circumstances of the office make such practical, and the request may be so granted without disrupting the functioning of any Town office. However, any failure to demand a written request from any person or series of person or persons shall not be constructed as a waiver of such right.
C.
If the records access officer does not provide or deny access to
the record sought within five business days of receipt of a request,
said officer shall furnish a written acknowledgement of receipt of
the request and a statement of the approximate date when the request
will be granted or denied.
A.
The Town Board of the Town of Poughkeepsie shall hear appeals regarding
the denial of access to records under the Freedom of Information Law.
B.
Any officer denying access to a record shall do so in writing to
the requesting party stating the reason therefor and advising the
person denied access of his or her right to appeal to the Town Board
of the Town of Poughkeepsie Correspondence, including formal appeals,
shall be addressed to the Town Board of the Town of Poughkeepsie Town
Hall, One Overocker Road, Poughkeepsie, New York 12603, directed to
the attention of the Town Supervisor. This information is to be contained
within the denial statement.
C.
The statement, "Any person denied access to records may appeal within
30 days of a denial," shall also appear on the denial statement. A
denial shall be as set forth in Part 1401 of the Rules and Regulations
of the Committee on Open Government as more specifically previously
designated.
E.
The Town Board shall transmit to the Committee on Open Government
copies of all appeals upon receipt of an appeal. Copies shall be addressed
to Committee on Open Government, Department of State, One Commerce
Plaza, 99 Washington Avenue, Suite 650, Albany, New York 12231.
F.
The Town Board shall inform the appellant and the Committee on Open Government of its determination, in writing within 10 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 in Subsection E above.
G.
A final denial of access to a requested record shall be subject to
court review as provided for in Article 78 of the Civil Practice Law
and Rules.
The schedule of fees which may be charged for copies of records
is available at the Town Clerk's office and on the Town Clerk
website: http://www.townofpoughkeepsie.com/clerk.
The public records access officer shall post a copy of these
rules and regulations on-the Town Clerk's bulletin board in the
Town Hall. In addition, the public records access officer shall post
on-the Town Clerk's bulletin board a statement entitled "Public
Access to Records of the Town of Poughkeepsie," which will contain
the following information.
A.
The location where records shall be made available for inspection
and copying as contained in these rules and regulations.
B.
The name title business address and business telephone of the designated
records access officer as set forth in these rules and regulations.
C.
A statement that any person denied access to a record may appeal
to the Town Board of the Town of Poughkeepsie, and the Town Board's
business address shall be as set forth above.
The records access officer shall be charged with the obligation
to compile and update a subject matter list as set forth in Section
1401 of the Rules and Regulations of the Committee on Open Government.