[HISTORY: Adopted by the Town Board of the Town of Schaghticoke 3-13-1978 by resolution. Sections 100-5D and 100-7F and G amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Notice of meetings — See Ch. 25.
Adoption of ordinances — See Ch. 33.
A. 
The people's right to know the process of government decisionmaking and the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.
B. 
This chapter provides information concerning the procedures by which records may be obtained from the Town of Schaghticoke.
C. 
Personnel of the Town of Schaghticoke shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law.
D. 
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
A. 
The Town of Schaghticoke hereby designates the Town Clerk of the Town of Schaghticoke as records access officer of the Town of Schaghticoke. This designation shall not be construed to prohibit officials or other persons in the Town of Schaghticoke who have in the past been authorized to make records or information available to the public from continuing to do so.
B. 
The records access officer is responsible for assuring that town agencies, departments and/or personnel:
(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; or
(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 of 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.
Records of the Town of Schaghticoke shall be available for inspection and copying at the office of the Town Clerk, Route 40, Speigletown, New York.
The Town of Schaghticoke shall accept requests for public access to records and produce records during regular business hours of the Town Clerk.
A. 
Requests may be made in writing or orally.
B. 
The town shall respond to any request reasonably describing the record or records sought within five business days of receipt of the request.
C. 
A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.
D. 
If the town does not provide or deny access to the record sought within five business days of receipt of a request, the town 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 records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of a request, the failure to respond to the request may be construed as a denial of access that may be appealed.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
A. 
Each agency, department and/or personnel of the Town of Schaghticoke shall maintain a reasonably detailed current list by subject matter of all records in its possession, whether or not records are available pursuant to Subdivision 2 of § 87 of the Public Officers Law.
B. 
The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
C. 
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.
A. 
The Supervisor of the Town of Schaghticoke shall hear appeals or shall designate a person or body to hear appeals regarding denial of access to records under the Freedom of Information Law.
B. 
Denial of access shall be in writing stating the reason therefor and advising the person denied access of his or her right to appeal to the person or body established to hear appeals, and that person or body shall be identified by name, title, business address and business telephone number.
C. 
The failure of the Town of Schaghticoke to respond to a request within five business days of receipt thereof shall be deemed a denial of access by the town.
D. 
Any person denied access to records may appeal within 30 days of a denial.
E. 
The time for deciding an appeal by the Supervisor shall commence upon receipt of written appeal identifying:
(1) 
The date and location of a request for records;
(2) 
The records that were denied; and
(3) 
The name and return address of the appellant.
F. 
[1]The town shall transmit to the Committee on Open Government copies of all appeals upon receipt of an appeal. Such copies shall be addressed to:
Committee on Open Government
Department of State
162 Washington Avenue
Albany, New York 12231
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
G. 
The Supervisor shall inform the appellant and the Committee on Open Government of his determination in writing within seven business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection F of this section.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
H. 
A final denial of access to a requested record, as provided for in Subsection G of this section, shall be subject to court review, as provided for in Article 78 of the Civil Practice Law and Rules.
Except when a different fee is otherwise prescribed by law:
A. 
There shall be no fee charged for the following:
(1) 
Inspection of records.
(2) 
Search for records.
(3) 
Any certification pursuant to this chapter.
B. 
The town will charge a fee for copies of records as follows:
(1) 
The fee for copying records shall be the sum of $0.25 per page for photocopies not exceeding nine inches by 14 inches.
(2) 
In the event that it is impractical or impossible to photocopy requested records, the person making such request may request a transcription of such records. Such transcripts may either be typed or handwritten. In such cases, the person requesting records may be charged for the clerical time involved in making the transcript.
(3) 
The fee for copies of records not covered by Subsection B(1) and (2) above 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.
The town 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.
As used in this chapter, the following terms shall have the meanings indicated:
AGENCY
Any department or subdivision of any kind or nature of the Town of Schaghticoke.
OFFICER
Any officer of the Town of Schaghticoke as defined in the Town Law.
PERSON
Any person, corporation, partner or other entity.
RECORDS ACCESS OFFICER
The Town Clerk of the Town of Schaghticoke or the Clerk's designee.
TOWN
The Town of Schaghticoke, Rensselaer County, New York.