[HISTORY: Adopted by the Town Board of the Town of Montgomery
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-18-2010 by L.L. No. 3-2010[1]]
The purpose of this article shall be to establish a schedule
for fees to be collected whenever a request is made to the office
of the Assessor of the Town of Montgomery for a list of property owners
and to provide for the future revisions to such fee schedule.
Whenever a request is made by any individual, corporation or
group of individuals or corporations to the office of the Assessor
of the Town of Montgomery for a list of property owners, which list
shall be prepared by use of the Tax Map or tax rolls of the Town of
Montgomery, a service fee shall be charged to and collected from the
requesting party according to the following schedule:
All fees required by the above schedule shall be payable to
the Town of Montgomery prior to the delivery of the requested list
of property owners. However, the names of persons owning parcels of
real property in the Town of Montgomery may be acquired without the
payment of the above-noted fee by the person requesting such information,
providing that the requesting party or his/her representative personally
examines the Zoning Maps, Tax Maps and tax rolls and specifically
identifies the parcel identification whose ownership is being sought.
The fee schedule established in § 175-2 above may be modified, revised and amended from time to time by a majority vote of the Town Board as the Board may deem proper for the reimbursement of cost associated with the preparation of such property owner lists.
[Adopted 12-19-1974]
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:
The Supervisor of the Town of Montgomery.
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.
The person to be designated by the Town Board as the person
having supervision of the inspection and copying of the Town's
records.
The Supervisor of the Town of Montgomery and the four Councilmen
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.
A.
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.
B.
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.
C.
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.
E.
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.
A.
In accordance with the provisions of Subdivision 3 of § 88
of the Public Officers Law[1] 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:
(1)
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.
(2)
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.
(3)
Disclosure of items involving the medical or personal records of
a client or patient in a hospital or medical facility.
(4)
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.
(5)
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.
[1]
Editor's Note: See now Public Officers Law §§ 87
through 89.
B.
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 Officers 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.
