[HISTORY: Adopted by the Town Board of the Town of Rhinebeck 4-14-1975
by resolution. Section 93-6B amended and § 93-10A(4), (5), (6),
(9), (20) and (32) added at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
The following rules and regulations shall apply 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and shall continue in effect until altered or superseded by further resolution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.
A. The following positions are hereby designated as records
access officers:
(1) Town Clerk, 80 East Market Street, Rhinebeck, New York.
(2) Deputy Town Clerk, 80 East Market Street, Rhinebeck,
New York.
(3) Supervisor's bookkeeper, 80 East Market Street,
Rhinebeck, New York.
(4) Court Clerk 80 East Market Street, Rhinebeck, New York.
B. Records access officers' duties and responsibilities.
The records access officers shall:
(1) Coordinate all public requests for access to records
with all Town departments.
(2) Be responsible for assuring that all Town departments
maintain an up-to-date subject matter list.
(3) Assist the requester in identifying the requested records,
if necessary.
(4) Make the specified record or records available for inspection.
(5) When denying access to a record, give reasons for denial
in writing.
(6) Upon request, make copies available upon payment of fee.
(7) Permit the requester to copy records.
(8) Upon request, certify that a transcript is a true copy
of records copied.
(9) Upon failure to locate a record, certify that:
(a) The Town of Rhinebeck is not the legal custodian for
such record; or
(b) The record of which the Town is the legal custodian cannot
be found.
A. For the purpose of administering this regulation, the
Supervisor's bookkeeper is hereby designated as the fiscal officer.
B. Fiscal officers' duties and responsibilities. The
fiscal officer shall, upon request, make available to any person the salary
and title of every officer and/or employee of the Town of Rhinebeck.
All records of the Town of Rhinebeck are available for inspection or
copying at the Town Hall located at 80 East Market Street, Rhinebeck, New
York.
Records shall be available for inspection and/or copying during regular
business hours from 9:00 a.m. to 11:00 a.m. and 1:00 p.m. to 3:00 p.m.
A. There shall be no fee charged for the following:
B. A charge as provided in Chapter
A126, Fees, per page shall be imposed to cover actual photocopying cost.
C. Fees for reproducing maps and drawings shall cover actual
cost, plus any special handling charges.
The following information shall be conspicuously posted.
A. The names, titles, business addresses and telephone numbers
of the records access officers.
B. The place and time records will be available for public
inspection and/or copying.
C. The name, job title, business address and telephone number
of the appeal person and/or body.
A. An oral request is all that is required for the visual
inspection of any record or document.
B. A written request is required for the copying of any
record or document. Request forms (Exhibit A) are available for this purpose from one of the records access
officers.
C. Upon an oral or written request for a record or document,
the records access officer will promptly:
(1) Assist the applicant in identifying the record or document
he or she is seeking.
(2) Search for the record or document and, upon locating
them:
(a) Review such record or document and delete any information
which would constitute an unwarranted invasion of personal privacy and thereafter
make the record or document available to the applicant; or
(b) Deny access to the record.
D. Upon request for copies of records or documents, make
copies available upon payment of the established fee.
E. Upon request, certify to the correctness of the records
copied.
F. If the record or document cannot be located, take one
of the following actions:
(1) Certify, in writing, that the Town of Rhinebeck is not
the legal custodian for such record; or
(2) Certify, in writing, that the record of which the Town
of Rhinebeck is the legal custodian cannot be found.
Any individual denied access to a public record or document may appeal
such denial to the Town Supervisor or the Town Board. The applicant shall
be given written notice of such denial explaining that he has the right to
appeal. Forms for filing an appeal are available from anyone of the records
access officers. (See Exhibit A for the appeals form.)
This list defines the records and/or documents and the office in which
they are located that are available for public inspection and copying.
A. Town Clerk.
(4) Board of Appeals files. In-process or completed:
(a) Administrative review applications.
(b) Special permit applications.
(5) Board of Appeals minutes.
(6) Board of Appeals resolutions.
(17) Local laws, ordinances and resolutions.
(20) Planning Board files.
(a) Subdivision applications, in process or disapproved.
[NOTE: Approved plats are filed in the County Clerk's office.]
(b) Zoning referrals, in process. [NOTE: Zoning referrals,
when complete, are a part of the record of the Board of Appeals.]
(22) Planning Board resolutions.