ARTICLE IFees and Costs (§ 175-1 — § 175-2)
ARTICLE IIRegulations (§ 175-3 — § 175-12)
§ 175-1Service fees.
§ 175-2Acquisition of parcel and property owner list.
Whenever a request is made by any individual, corporation, groups of individuals and or corporations to the office of the Assessor of the Town of Montgomery for a list of names of persons, which list shall be prepared by use of the Tax Map or Tax Rolls of the Town Montgomery, a service fee shall be charged.
All required fees shall be payable to the Town of Montgomery.
The names of persons owning parcels of real property in the Town of Montgomery may be acquired free of charge by the person requesting such information, provided that he or his representative personally examine the Zoning Maps, Tax Maps and tax rolls which are available at the Assessor's office upon request. Work space will be made available in the upper foyer of the Town Hall. All Tax Maps and tax rolls being used for this purpose must not leave the Town Hall and must be returned to the Assessor's office immediately upon completion of the work.
§ 175-5Designation of Records Access Officer.
§ 175-6Procedure for access.
§ 175-7Deletion of details from records based on invasion of privacy.
§ 175-8Determination of grant or denial of access.
§ 175-10Maintenance and availability of current list.
§ 175-11List of salaries to be available.
§ 175-12Inspection of records.
The purpose of this article is to set forth the methods and procedures governing the availability, location and nature of those records of the Town of Montgomery and its agencies subject to the provisions of Article 6 of the Public Officers Law, known as the "Freedom of Information Law."
As used in this chapter, the following terms shall have the meanings indicated:
- FISCAL OFFICER
- The Supervisor of the Town of Montgomery.
- RECORD or RECORDS
- Any file, memorandum, documents or other writing constituting:
Final opinions and orders made in the adjudication of cases.
Statements of policy and interpretations which have been adopted by the Town of Montgomery and its agencies and any statistical or factual tabulations which led to the formulation thereof.
Minutes of meetings of the Town Board and the agencies of the Town public hearings held by the Town Board and the agencies of the Town.
Internal or external audits and statistical or factual tabulations made by or for the Town of Montgomery and its agencies.
Administrative staff manuals and instructions to staff that affect members of the public.
Police blotters and booking records.
The payroll information.
Final determinations and dissenting opinions of members of the Town Board and agencies of the Town of Montgomery.
Any other files, records, papers or documents required by any provision of law to be made available for public inspection.
- RECORDS ACCESS OFFICER
- The person to be designated by the Town Board as the person having supervision of the inspection and copying of the Town's records.
- TOWN BOARD
- The Supervisor of the Town of Montgomery and the four Councilman of said Town of Montgomery.
The Town Board designates the Town Clerk and the Assistant Town Clerk, in addition to their regular duties, to act as records access officers for the Town and have supervision of the inspection and copying of the Town records.
Requests to inspect or obtain a copy of records in the custody of the Town shall be submitted in writing either in person or by mail to the records access officer on a form to be prescribed and furnished by such officer. Records shall be available for inspection within the Town on all regular workdays, from 9:00 a.m. to 5:00 p.m. A "workday" shall be any day, except Saturday, Sunday, a legal holiday or day on which the Town is otherwise closed for business.
If the records sought to be inspected or reproduced are being inspected by another person, in the process of preparation, being used in official business or if the requested inspection would unreasonably interfere with or disrupt office duties or business operations, the records access officer shall so inform the person and shall specify a reasonable time when such records may be inspected or reproduced.
Inspection and copying of records shall be conducted within the Town Hall under the supervision of the records access officer or his or her designee. There shall be a one-hour limit per day upon the inspection of one or more records by any one person; provided, however, that the records access officer may, in his discretion, for good cause, extend such time limitation. The person may make either handwritten copies of records or through the use of his own copying or reproduction equipment.
Payroll information, as provided in § 88 of the Public Officers Law, shall be made available for inspection and copying in accordance with the provisions of such statue and the regulations of the State Comptroller.
A charge of $0.25 per page not exceeding nine inches by 15 inches in size shall be made for each copy furnished by the Town, unless another charge or fee for certifying a record, is prescribed by law.
In accordance with the provisions of Subdivision 3 of § 88 of the Public Officers Law and in conformity with such guidelines as may be promulgated by the Committee on Public Access to Records regarding the prevention of unwarranted invasions of personal privacy, the records access officer may delete from any record identifying details, the disclosure of which would result in an unwarranted invasion of personal privacy prior to making such record available for inspection or copying. An "unwarranted invasion of personal privacy" includes but shall not be limited to:
Disclosure of such personal matters as may have been reported in confidence to the Town and its agencies and which are not relevant or essential to the ordinary work of the Town and its agencies.
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.
Disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility.
The sale or release of lists of names and addresses in the possession of the Town and its agencies if such lists would be used for private, commercial or fund-raising purposes.
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 Town and its agencies.
In the event that one or more deletions are so made from any document, the records access officer shall provide written notice of that fact to the person requesting the same. If the record is such that the personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the records access officer shall deny access to such record as provided herein.
If the records access officer determines that a request to inspect or copy records pertains to information required to be disclosed under the Public Officers Law and not exempt from disclosure as an unwarranted invasion of personal privacy or otherwise, he or she shall grant the request. The records access officer may, in his or her discretion, for good cause, grant a request to inspect or copy records or other information which is not required to be made available pursuant to the Public Officers Law and not exempt from disclosure as an unwarranted invasion of personal privacy or otherwise. If the records access officer determines that a request to inspect or copy records pertains to information specifically exempted from disclosure by the Public Officer Law, he or she shall deny such request. In denying any request to inspect or copy records, the records access officer shall indicate his or her reason for such denial and shall advise the person requesting the same of his right to appeal such denial to the Town Board.
Any person whose request to inspect, copy or have a copy made of records has been denied pursuant to § 175-8 hereof may appeal such denial to the Town Board within 10 days from the date of the denial. Such appeal must be in writing and must set forth the name and address of the appellant, the specific records requested, the date of the denial and the reasons given for such denial. The Town Board upon review of the appeal may affirm, modify or reverse the denial within seven business days of the receipt of the appeal. If the Town Board affirms or modifies the denial it shall communicate its reasons for such affirmation or modification to the person making the appeal and inform such person of his right to appeal such affirmation or modification pursuant to Article 78 of the Civil Practice Law and Rules.
The records access officer shall maintain and make available for inspection and copying in his or her office a current list, reasonably detailed by subject matter, of the types of records produced, filed or first kept in the Town on and after the September 1, 1974. Such list shall be in conformity with such regulations as may be promulgated by the Committee on Public Access to Records.
Upon written request by a bona fide member of the news media, the fiscal officer shall compile an itemized record setting forth name, address, title and salary of every officer or employee of the Town of Montgomery and its agencies except officers and employees of law enforcement agencies, which records shall be made available for inspection by the fiscal officer charged with the duty of certifying such payrolls to said bona fide members of the news media. In the case of law enforcement agencies, the records shall list the official's or employee's title and salary only without identifying individual employees. The written notice shall be made upon a form to be prescribed by the Comptroller of the state and shall be reasonable and specify what records are to be requested with particularity. Said records shall be inspected under the supervision of the fiscal officer in his offices during regular working hours and on work days, which shall be any day, except Saturday, Sunday, a legal holiday or a day on which the Town is otherwise closed for business.
The above records, which are open for public inspection, shall be inspected in the offices of the records access officer and fiscal officer. Said offices are located in the Town Hall, Main Street, Village of Walden, New York.