[HISTORY: Adopted by the Town Board of the
Town of Pleasant Valley 5-9-1990.[1] Amendments noted where applicable.]
[1]
Editor's Note: This resolution also repealed
former Ch. A101, Access to Public Records, adopted 10-9-1974, as amended.
A.
Purpose and scope.
(1)
The people's right to know the process of government
decisionmaking and the documents and statistics leading to determinations
is basic to our society. Access to such information should not be
thwarted by secrecy or confidentiality.
(2)
This chapter provides information concerning the procedures
by which records may be obtained from an agency as defined by Subdivision
3 of § 86 of the Public Officers Law. No other Town regulations
shall be more restrictive than this chapter.
(4)
Any conflicts among laws governing public access to
records shall be construed in favor of the widest possible availability
of public records.
(5)
Nothing in this chapter shall be construed to limit
or abridge any otherwise available right of access at law or equity
of any party to records.
B.
Designation of records access officer.
(1)
The Supervisor shall be responsible for ensuring compliance
with the regulations herein and shall designate one or more persons
as records access officer by name or by specific job title and business
address, who shall have the duty of coordinating agency response to
public requests for access to records. The designation of one or more
records access officers shall not be construed to prohibit officials
who have in the past been authorized to make records or information
available to the public from continuing to do so.
C.
Location. Each agency shall designate the locations
where records shall be available for public inspection and copying.
A.
An agency shall respond to any request reasonably
describing 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.
B.
Copies of such records shall be received at the office
as indicated above or shall be mailed from that same office.
A.
Procedure. Such records or copies of said records
shall be made available during the hours for conducting business,
as established by the Town officer or employee in charge of the custody
and keeping thereof, if the records are readily available. If not
readily available, written requests specifically describing the records
to which access is desired shall be filed with the Town officer or
employee charged with the keeping and custody thereof, who shall produce
the same within five business days of such request. If the Town officer
or employee charged with the custody and keeping of the record elects
to refuse access, he shall submit to the requester a written statement
of his reason therefor within five business days of such request.
B.
In agencies which do not have daily regular business
hours, a written procedure shall be established by which a person
may arrange an appointment to inspect and copy records. Such procedure
shall include the name, position, address and phone number of the
party to be contacted for the purpose of making an appointment. Such
agencies shall respond to any request reasonably describing the record
or records sought within five business days of receipt of the request.
C.
Special provisions. The time required to respond does
not include Saturdays, Sundays and legal holidays. In the absence
of the officer or employee in charge of the custody and keeping of
the records, the designated assistant shall serve in that capacity.
If the records are not available due to absence of both of these,
the Town Supervisor shall submit to the requester a written statement
of such within the time required to respond to such request.
D.
If the agency does not provide or deny access to the
record sought within the appropriate time frame defined above, the
agency shall furnish, within the defined period, 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 five business days after the date
of acknowledgment or receipt of the request, the request may be construed
as a denial of access that may be appealed.
E.
Nothing in this chapter shall require the disclosure
of the home address of an officer or employee, former officer or employee
or of a retiree of a public employees' retirement system, nor shall
anything in this chapter require the disclosure of the name or home
address of a beneficiary of a public employees' retirement system
or of an applicant for appointment to public employment; provided,
however, that nothing in this subsection shall limit or abridge the
right of an employee organization, certified or recognized for any
collective negotiating unit of an employer pursuant to Article 14
of the Civil Service Law, to obtain the name or home address of any
officer, employee or retiree of such employer, if such name or home
address is otherwise available under this chapter.
Except when a different fee is otherwise prescribed
by law, there shall be no fee charged for the inspection of records,
search for records or any certification pursuant to this chapter.
A.
Copies. The Town officer or employee charged with
the custody and keeping of the records shall, upon request, make a
copy or copies of any record subject to such inspection, upon the
payment of a fee of $0.25 per photocopy not in excess of nine inches
by 14 inches per page. Records of a size requiring special handling,
such as maps or drawings, shall be handled at the cost of reproduction
and any postage required. If a copy or copies are desired thereof
by the requester, the Town officer or employee charged with the custody
and keeping of the record shall make the same and mail or deliver
the same to the requester within one week, depending on the volume
and number of copies requested.
B.
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, in accordance with its published
rules, make available for public inspection and copying all records,
except that such agency may deny access to records or portions thereof
that:
A.
Are specifically exempted from disclosure by state
or federal statute.
B.
If disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of § A101-6 of this chapter.
C.
If disclosed, would impair present or imminent contract
awards or collective bargaining negotiations.
D.
Are trade secrets or are maintained for the regulation
of commercial enterprise which, if disclosed, would cause substantial
injury to the competitive position of the subject enterprise.
E.
Are compiled for law enforcement purposes and which,
if disclosed, would:
(1)
Interfere with law enforcement investigations or judicial
proceedings.
(2)
Deprive a person of a right to a fair trial or impartial
adjudication.
(3)
Identify a confidential source or disclose confidential
information relating to a criminal investigation.
(4)
Reveal criminal investigative techniques or procedures,
except routine techniques and procedures.
F.
If disclosed would endanger the life or safety of
any person.
H.
Are examination questions or answers which are requested
prior to the final administration of such questions.
I.
Are computer access codes.
To prevent an unwarranted invasion of personal
privacy, the Committee on Public Access to Records may promulgate
guidelines for the deletion of identifying details from specified
records which are to be made available. An unwarranted invasion of
personal privacy includes, but shall not be limited to:
A.
Disclosure of employment, medical or credit histories
or personal references of applicants for employment.
B.
Disclosure of items involving the medical or personal
records of a client or patient in a medical facility.
C.
Sale or release of lists of names and addresses if
such lists would be used for commercial or fund-raising purposes.
D.
Disclosure of information of a personal nature when
disclosure would result in economic or personal hardship to the subject
party and such information is not relevant to the work of the agency
requesting or maintaining it.
E.
Disclosure of information of a personal nature reported
in confidence to an agency and not relevant to the ordinary work of
such agency.
A.
Each department shall maintain and make available
for public inspection and copying, in conformity with such regulations
as may be issued by the Committee on Public Access to Records, a current
list, reasonably detailed, by subject matter, of any records which
shall be produced, filed or first kept or promulgated after the effective
date of these rules and regulations. Such list may also provide identifying
information as to any records in the possession of the department
on or before the effective date of these rules and regulations.
B.
Agency records.
(1)
Each agency shall maintain a record of the final vote
of each member in every agency proceeding in which the member votes.
(2)
Each agency shall maintain a record setting forth
the name, public office address, title and salary of every officer
or employee of the agency.
(3)
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.
(4)
The subject matter list shall be sufficiently detailed
to permit identification of the category of the record sought.
(5)
The subject matter shall be updated not less than
twice per year. The most recent update shall appear on the first page
of the subject matter list.
(6)
Each agency shall maintain a reasonably detailed current
list, by subject matter, of all records in the possession of the agency,
whether or not available under this chapter.
Each board, commission or other group of the
Town having more than one (1) member shall maintain and make available
for public inspection a record of the final votes of each member in
every agency proceeding in which he votes.
A.
The Town Board shall hear appeals regarding denial
of access to records under the Freedom of Information Law.
B.
Denial of access shall be in writing, stating the
reason therefor and advising the person denied access of:
C.
If an agency fails to respond to a request as required in § A101-3D of this chapter, such failure shall be deemed a denial of access by the agency.
D.
Any person denied access to records may appeal within
30 days of a denial.
F.
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
Department of State
162 Washington Avenue
Albany, New York 12231
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G.
The Town Board shall inform the appellant and the Committee on Public Access to Records of its determination, in writing, within 10 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.
H.
A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
I.
The court in such a proceeding may assess, against
such agency involved, reasonable attorney's fees and other litigation
costs reasonably incurred by such person in any case under the provisions
of this section in which such person has substantially prevailed,
provided that such attorney's fees and litigation costs may be recovered
only where the court finds that:
Each agency shall publicize by posting in a
conspicuous location and/or by publication in a local newspaper of
general circulation:
A.
The location where records shall be made available
for inspection and copying.
B.
The name, title, business address and business telephone
number of the designated records access officer.
C.
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.
Any person who, with intent to prevent the public
inspection of a record pursuant to this chapter, willfully conceals
or destroys any such record shall be guilty of a violation.
