[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-6-1975. Amendments
noted where applicable.]
The rules set forth in this chapter shall be applied to the
public inspection and copying of such Town records as are subject
to public inspection by law and shall continue in effect until altered,
changed, amended or superseded by further resolution of this Town
Board or by action of the Committee on Public Access to Records established
pursuant to Chapters 578, 579 and 580 of the Laws of 1974.
Such records shall be made available for inspection at the office
of the Town officer or employee charged with the custody and keeping
thereof.
[Amended 4-17-1989 by L.L. No. 3-1989]
Such records shall be made available for public inspection on
regular business days between the hours of 10:00 a.m. and 12:00 noon
and 2:00 p.m. and 4:00 p.m., if readily available. If not readily
available, written request specifically describing records to which
access is desired shall be filed with the Town officer or employee
charged with the custody and keeping of the record, and such officer
or employee shall produce the same within 48 hours of such request.
If the Town officer or employee charged with the custody and keeping
of the record elects or refuses access, he shall submit to the requester
a written statement of his reason therefor within 48 hours of such
request.
A.
Copies.
(1)
The Town officer or employee charged with the custody and keeping
of the record shall, upon written request, make a copy or copies of
any record subject to such inspection upon payment of a fee of $0.25
per page.
(2)
The written request shall specifically designate and describe each
item of the record to be copied; the description of the item must
be in sufficient detail so that the said Town officer or employee
can reasonably identify the particular item for which the request
is being made. The written request shall further state the total number
of pages to be copied, and the total fee due for said copies shall
be paid with said written request.
(3)
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.
Certification. Any Town officer or employee charged with the custody
and keeping of any such record shall, upon request, certify a copy
of a document or record prepared pursuant to the provisions of the
preceding subsection upon payment of a fee of $0.25.
To prevent an unwarranted invasion of personal privacy, the
Committee on Public Access to Records may promulgate guidelines for
the deletion of identifying details for specified records which are
to be made available. In the absence of such guidelines, an agency
or municipality may delete identifying details when it makes records
available. An unwarranted invasion of personal privacy includes but
shall not be limited to:
A.
Disclosure of such personal matters as may have been reported in
confidence to an agency or municipality and which are not relevant
or essential to the ordinary work of the agency or municipality.
B.
Disclosure of employment, medical or credit histories or personal
references of applicants for employment, except such records may be
disclosed when the applicant has provided a written release permitting
such disclosure.
C.
Disclosure of items involving the medical or personal records of
a client or patient in a hospital or medical facility.
D.
The sale or release of lists of names and addresses in the possession
of any department if such lists would be used for private commercial
or fund-raising purposes.
E.
Disclosure of items of a personal nature when disclosure would result
in economic or personal hardship to the subject party and such records
are not relevant or essential to the ordinary work of the department.
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 or any records in the possession of the department on or before
the effective date of this chapter.
In addition to such requirements as may be imposed by this chapter
or by Chapter 578 of the Laws of 1974, each board, commission or other
group of the Town having more than one member shall maintain and make
available for public inspection a record of the final vote of each
member in every agency proceeding in which he votes.
