Town of Southeast, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southeast 3-14-1978. Amendments noted where applicable.]

§ 107-1 Purpose and scope.

A. 
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 shrouding it with the cloak of secrecy or confidentiality.
B. 
This chapter provides information concerning the procedures by which records may be obtained.
C. 
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.
D. 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.

§ 107-2 Records access officer.

A. 
The Town Board of the Town of Southeast is responsible for ensuring compliance with the regulations herein and designates the Town Clerk as records access officer.
[Amended 6-16-1988 by L.L. No. 5-1988]
B. 
The records access officer is responsible for ensuring appropriate agency 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.
C. 
The records access officer shall assure that personnel:
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying the requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions in accordance with § 107-6B:
(a) 
Make the records promptly available for inspection; or
(b) 
Deny access to the records in whole or in part and explain in writing the reasons therefor.
(4) 
Upon request for copies of records.
(a) 
Make a copy available upon payment or upon offer to pay established fees, if any, in accordance with § 107-8; or
(b) 
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:
(a) 
The Town of Southeast is not the legal custodian for such records; or
(b) 
The records for which The Town of Southeast is a legal custodian, after diligent search, cannot be found.

§ 107-3 Fiscal officer.

A. 
The Town Supervisor of the Town of Southeast is designated the fiscal officer, who shall certify the payroll and respond to requests, in accordance with § 107-6B, for an itemized record setting forth the name, address, title and salary of every officer or employee of the agency.
B. 
The fiscal officer shall make the payroll items listed above available to any person, including bona fide members of the news media.
[Amended 6-16-1988 by L.L. No. 5-1988]

§ 107-4 Location.

Records shall be available for public inspection and copying at the Town Hall, One Main Street, Brewster, New York, 10509, or at the location where they are kept.

§ 107-5 Hours.

Requests for public access to records shall be accepted and records produced during all hours regularly open for business. These hours are 9:00 a.m. through 4:30 p.m., Monday through Friday.

§ 107-6 Requests for access.

A. 
Where a request for records is required, such request shall be in writing upon a form approved by the Town Board.
B. 
Response.
(1) 
Except under extraordinary circumstances, officials shall respond to a request for records no more than five business days after receipt of the request.
(2) 
If, because of extraordinary circumstances, more than five business days are required to respond to a request, receipt of the request shall be acknowledged within five business days after the request is received. The acknowledgment shall state the reason for the delay and estimate the date when a reply will be made. 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.
C. 
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. However, a request for any or all records falling within a specific category conforms to the standard that records be identifiable.
D. 
Subject matter list.
(1) 
A current list, by subject matter, of all records produced, filed or first kept or promulgated after September 1, 1974, shall be available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category of the records 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.
E. 
No records may be removed by the requester from the office where the record is located without the permission of the Town Supervisor of the Town of Southeast.

§ 107-7 Denial of access.

A. 
Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.
B. 
If requested records are not provided promptly, as required in § 107-6B of this chapter, such failure shall also be deemed a denial of access.
C. 
The following person or persons or body shall hear appeals for denial of access to records under the Freedom of Information Law: the Town Board of the Town of Southeast.
[Amended 6-16-1988 by L.L. No. 5-1988]
D. 
The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying:
(1) 
The date of the appeal.
(2) 
The date and location of the requests for records.
(3) 
The records to which the requester was denied access.
(4) 
Whether the denial of access was in writing or was by failure to provide records promptly as required by § 107-6B.
(5) 
The name and return address of the requester.
E. 
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 G of this section.
F. 
A final denial of access to a requested record, as provided for in Subsection E of this section, shall be subject to court review as provided for in Article 78 of the Civil Practice Law and Rules, provided that said action is commenced within 30 days of the decision on appeal.
G. 
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 the Committee on Public Access to Records, Department of State, 162 Washington Avenue, Albany, New York 12231.

§ 107-8 Fees.

A. 
There shall be no fee charged for the following:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this section.
B. 
Copies of records shall be provided in accordance with and upon payment to the Town of Southeast of fees as set forth from time to time by resolution of the Town Board.
[Amended 6-16-1988 by L.L. No. 5-1988]