§ 30-1Fiscal officer designated.
§ 30-2Records access office designated.
§ 30-3Examination of records; fees.
§ 30-4Records not available for examination.
§ 30-5Denial of access to records.
§ 30-6Posting of regulations and list of available
The Town Clerk is designated as the records access officer.
All other records and information may be obtained from or through the records access officer.
The office of the records access officer is located in the Municipal Building, 35 Market Street, Potsdam, New York, telephone (315) 265-3430.
A current list of all town records by subject matter shall be maintained by the records access officer and shall be available for inspection at the office of the Town Clerk during regular business hours.
No written application is necessary to examine records in the offices of the Town Clerk, the Receiver of Taxes and the Assessor.
Time for examination.
All records readily available may be examined on any working day during normal working hours.
Records which are filed and for which a search must be made will be available for examination within five business days after application for examination has been approved. The fiscal officer or the records access officer shall notify the applicant when and where such record is available for examination.
No pens shall be used during the examination of records.
Records may be copied in pencil.
To ensure accuracy, the fiscal officer or the records access officer may refuse to certify the correctness of any record, unless such record is machine copied by the fiscal officer or the records access officer.
Access is denied to records that:
Are specifically exempted from disclosure by state or federal statute.
If disclosed, would constitute an unwarranted invasion of personal privacy.
An unwarranted invasion of personal privacy includes, but shall not be limited to:
Disclosure of employment, medical or credit histories or personal references of applicants for employment.
Disclosure of items involving the medical or personal records of a client or patient in a medical facility.
Sale or release of lists of names and addresses, if such lists would be used for commercial or fundraising purposes.
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.
Disclosure of information of a personal nature reported in confidence to an agency and not relevant to the ordinary work of such agency.
Unless otherwise provided, disclosure shall not be construed to constitute an unwarranted invasion of personal privacy:
If disclosed, would impair present or imminent contract awards or collective-bargaining negotiations.
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.
Are compiled for law enforcement purposes and which, if disclosed, would:
Interfere with law enforcement investigations or judicial proceedings;
Deprive a person of a right to a fair trial or impartial adjudication;
Identify a confidential source or disclose confidential information relating to a criminal investigation; or
Reveal criminal investigative techniques or procedures, except routine techniques and procedures.
If disclosed, would endanger the life or safety of any person.
Are examination questions or answers which are requested prior to the final administration of such questions.
Are computer access codes.
Any officer denying an application to examine records shall state the reasons therefor in writing.
Any individual denied access to a record may appeal such denial to the Town Supervisor within 30 days from the date of denial. In the event that the Supervisor further denies said application, the reasons for such denial shall be fully set forth in writing and mailed to the applicant at his designated address within 10 days of the date of the appeal. A copy of such appeal and the determination thereon shall be immediately forwarded to the Committee on Open Government.
Such denial by the Supervisor shall be subject to review in accordance with Article 78 of the Civil Practice Law and Rules.
These rules and regulations, together with the current list of records available for public examination, shall be conspicuously posted on the Town Clerk's bulletin board.