[HISTORY: Adopted by the Town Board of the Town of Owego 11-19-1974 by resolution. Amendments noted where applicable.]
A. 
The following rules and regulations shall apply to the public inspection and copying of such Town records which are subject to public inspection by law.
B. 
It appears to be in the public interest to provide a central place for information for access to public records as well as a time when such records may be seen or copied and to promote the purpose of providing freedom of access to public records; therefore, the following rules and regulations are adopted.
A. 
Records access officer. The records access officer shall be the Town Clerk of the Town of Owego. The records officer is responsible for assuring that Town personnel:
[Amended 3-12-1978]
(1) 
Maintain an up-to-date subject matter list.
(2) 
Assist the requester in identifying requested records, if necessary.
(3) 
Upon locating the records, take one of the following actions:
(a) 
Make records available for inspection.
(b) 
Deny access to the records in whole or in part and explain in writing the reasons therefor.
(4) 
Upon request for copies of records:
(a) 
Make a copy available upon payment or offer to pay established fees, if any; or
(b) 
Permit the requester to copy those records.
(5) 
Upon request, certify that a record is a true copy.
(6) 
Upon failure to locate records, certify that:
(a) 
The agency is not the custodian for such records; or
(b) 
The records of which the agency is a custodian cannot be found after diligent search.
B. 
Fiscal officer. The fiscal officer shall be the Supervisor of the Town of Owego.
Such records shall be made available for inspection at the office of the Town Clerk, who is charged with the custody and keeping thereof, except as to payroll matters, and as to such matters application will be made to the Supervisor at his office.
[Amended 3-21-1978]
A. 
Such records shall be made available for public inspection on regular business days between the hours of 9:00 a.m. and 5:00 p.m., if readily available.
B. 
If not readily available, a written request reasonably describing the records to which access is desired shall be filed with the Town records access officer, who shall produce the same within five business days of such request. Such request, whenever possible, shall supply information regarding dates, file designations or other information that may help to describe the records sought.
C. 
If the access officer does not provide or denies access to the records sought within five business days of receipt of the request, the access officer shall furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to the records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, the request may be construed as a denial of access that may be appealed.
[Amended 3-2-1976]
A. 
There shall be no fee charged for the following:
(1) 
Inspection of records.
(2) 
Search of records.
(3) 
Certification of records.
B. 
The fee for copying any records covered by this chapter shall be $0.25 per page for photocopies not exceeding 8 1/2 inches by 14 inches.
C. 
The fees for copies of records not covered by Subsection B of this section shall not exceed the actual reproduction cost, which is the average unit cost for copying a record, excluding fixed costs of the agency such as operator salaries.
[Added 3-21-1978]
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, the officer may delete identifying details when he 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 that 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.
[Amended 3-21-1978]
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 of this chapter. Such list may also provide identifying information as to any records in the possession of the department on or before the effective date of this chapter. The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.
In addition to such requirements as may be imposed by this chapter or by Chapter 578 of the Laws of 1974,[1] 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 votes of each member in every agency proceeding in which he votes.
[1]
Editor's Note: For current provisions, see Article 6 of the Public Officers Law.
[Added 3-2-1976; amended 3-21-1978]
A. 
Denial of access shall be in writing stating the reason therefor and advising the requester of his or her right to appeal. Said denial shall include the name of the body to hear the appeal, its business address and telephone number. Failure to respond to a request within five business days of receipt of the request as required in § 25-4 shall be deemed a denial of access.
B. 
Upon denial by the access officer of access to records under this chapter, an aggrieved person may appeal the decision of the records access officer by submitting a written appeal to the Town Board. Such appeal must be brought within 30 days of the denial and must contain the following:
(1) 
The date and location of a request for records.
(2) 
The records that were denied.
(3) 
The name and return address of the appellant.
C. 
The Town Board shall notify the appellant of its decision, in writing, within seven business days after receipt of the appeal. The Board shall further forward a copy of the appeal, upon receipt of the appeal, and a copy of its decision, within seven business days of receipt of an appeal, to the Committee on Public Access to Records at the following address:
Committee on Public Access to Records
Department of State
162 Washington Avenue
Albany, New York 12231
D. 
A final denial of access to requested records, pursuant to this subsection, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
[Added 3-21-1978]
The records access officer shall publicize by posting in a conspicuous location and/or by publication in a local newspaper of general circulation:
A. 
The location where records shall be made available for inspection and copying.
B. 
The name, title, business address and business telephone number of the designated records access officer.
C. 
The right to appeal by any person denied access to a record and the name and business address of the person or body to whom an appeal is to be directed.
This chapter, which shall take effect immediately upon its adoption, may be amended from time to time.