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.
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, 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.
[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.