[HISTORY: Adopted by the Town Board of the
Town of Clifton Park 3-3-1975. Amendments noted where applicable.]
A.
The people's right to know the process of government
decision-making and the documents and statistics leading to determinations
is basic to our society. Access to such information should not be
thwarted by shrouding it with the cloak of secrecy or confidentiality.
B.
This chapter provides information concerning the procedures
by which records may be obtained.
Personnel shall furnish to the public the information
and records required by the Freedom of Information Law[1] and those which were furnished to the public prior to
its enactment.
[1]
Editor's Note: See Article 6 of the Public
Officers Law.
Any conflicts among laws governing public access
to records shall be construed in favor of the widest possible availability
of public records.
A.
The Town Clerk is responsible for ensuring compliance
with the regulations herein. The records access officer shall coordinate
the response to public requests for access to records. However, the
public shall not be denied access to records through officials who
have in the past been authorized to make records or information available.
B.
The records access officer is responsible for assuring
that personnel:
(1)
Maintain an up-to-date subject matter list.
(2)
Assist the requester in identifying requested records,
if necessary.
(4)
Upon request for copies of records, make a copy available
upon payment or offer to pay established fees, if any, or permit the
requester to copy those records.
(5)
Upon request, certify that a transcript is a true
copy of records copied.
(6)
Upon failure to locate records, certify that the Town
Clerk is not the legal custodian for such records or the records of
which the Town Clerk is a legal custodian cannot be found.
A.
The Town Supervisor, Vischers Ferry Road, Elnora,
New York, is designated fiscal officer. He is the person charged with
certifying the payroll. He shall respond to requests for an itemized
record setting forth the name, address, title and salary of every
officer or employee of the town.
[Amended 9-21-1987 by L.L. No. 9-1987]
Records shall be available for public inspection
and copying in the following location: Town Hall, Vischers Ferry Road,
Town of Clifton Park, Saratoga County, New York.
[Amended 4-6-1998 by L.L. No. 2-1998]
Requests for public access to records shall
be accepted and records shall be produced during all hours regularly
open for business. These hours are 9:00 a.m. to 5:00 p.m. daily.
A.
Where a request for records is required, such request
may be oral or in writing. However, written requests shall not be
required for records that have been customarily available without
written request.
B.
Time limit for response to request.
(1)
Officials shall respond promptly to a request for
records. Except under extraordinary circumstances, their response
shall be made no more than five working days after receipt of the
request, whether the request is oral or in writing.
(2)
If for any reason more than five days is required
to produce records, receipt of the request shall be acknowledged within
five working days after the request is received. The acknowledgment
shall include a brief explanation of the reason for delay and an estimate
of the date production or denial will be forthcoming.
C.
List of available records.
(1)
A current list, by subject matter, of all records
produced, filed or first kept or promulgated after September 1, 1974,
is available for public inspection and copying. The list shall be
sufficiently detailed to permit the requester to identify the file
category of the record sought.
(2)
The subject matter list shall be updated periodically,
and the date of the most recent updating shall appear on the first
page. The updating of the subject matter list shall not be less than
semiannual.
D.
So that records can be located within a reasonable
period of time, a request for access to records should be sufficiently
detailed to identify the records. Where possible, the requester should
supply information regarding dates, titles, file designations or other
information which may help identify the records.
E.
A request for any or all records falling within a
specific category shall conform to the standard that records be identifiable.
F.
No records may be removed by the requester from the
office where the record is located without the permission of the Town
Clerk.
A.
The Town Board shall designate a person or body to
hear appeals for denial of access to records by resolution.
[Amended 4-6-1998 by L.L. No. 2-1998; 2-5-2018 by L.L. No. 1-2018]
B.
Denial of access shall be in writing stating the reason
therefor and advising the requester of his/her right to appeal to
the individual or body established to hear appeals.
C.
If requested records are not provided promptly as required in § 164-8B, such failure shall be deemed a denial of access.
D.
The time for deciding an appeal by the individual
or body designated to hear appeals shall commence upon receipt of
written appeal identifying:
E.
The individual or body designated to hear appeals
shall inform the requester of its decision in writing within seven
business days of receipt of an appeal.
B.
Copying and certification.
(1)
The fee for certification shall be $2.
(2)
The fee for photocopying not to exceed 8 1/2
inches by 14 inches shall be $0.25 per page.
(3)
The fee for copies of records other than photocopies
which are 8 1/2 inches by 14 inches or less in size shall be
the actual copying cost.
(4)
The fee for map copying of 24 inches by 36 inches
is $3 and 30 inches by 42 inches is $5.
[Added 4-6-1998 by L.L. No. 2-1998]
(5)
The fee for maps generated on a color printer, up
to 8 1/2 inches by 14 inches is $1.
[Added 4-6-1998 by L.L. No. 2-1998]
