[HISTORY: Adopted by the Town Board of the Town of Schroeppel 12-12-1974 by resolution.
Amendments noted where applicable.]
The following rules and regulations are hereby adopted to set
forth the methods and procedures governing the availability of public
records of the Town of Schroeppel.
As used in this chapter, the following terms shall have the
meanings indicated:
A collection of statements of objective information logically
arranged and reflecting objective reality, actual existence or an
actual occurrence. Opinions, policy options and recommendations do
not constitute factual tabulations.
An itemized record setting forth the name, business address,
title and salary of every officer and employee of the Town.
A board comprised of the incumbent Town Supervisor and the
two Town Justices.
Any file, memorandum, document or other writing constituting:
Final opinions and orders made in the adjudication of cases.
Statements of policy and interpretations which have been adopted
by the Town and any statistical or factual tabulations which led to
the formulation thereof.
Minutes of public hearings held by the Town.
Internal or external audits and statistical or factual tabulations
made by or for the Town.
Administrative staff manuals and instructions to staff that
affect members of the public.
Police blotters and booking records.
The payroll record.
Any other files, records, papers or documents required by any
provision of law to be made available for public inspection.
A collection or orderly presentation of numerical data arranged
logically in columns and rows or graphically. Opinions, policy options
and recommendations do not constitute statistical tabulations.
[Amended 9-7-1989 by L.L. No. 1-1989]
The Town Board and all departments and agencies of Town government
heretofore or hereafter created.
The person elected or otherwise designated and acting as
Town Clerk pursuant to law.
The person holding the position of Town Supervisor pursuant
to law.
Any day except Saturday, Sunday, a public holiday or a day
on which the Town offices are otherwise closed for general business.
A.
The Town Clerk shall be the custodian of the records of the Town.
Any person wishing to inspect and/or obtain a copy of any such record
may make application to the Town Clerk. Such application shall be
in writing on a form to be prescribed by the Town Clerk. Blank forms
may be obtained from the Town Clerk either personally on any workday
at the address of the Town Clerk or by mail, addressed to such office.
Completed forms may be submitted to the Town Clerk either personally
at the Town Clerk's office on any workday between the hours of
9:00 a.m. and 12:00 noon and from 1:00 p.m. to 4:30 p.m. or by mail,
addressed to such office or to such other office as the Town Clerk
may specify on the application form.
B.
Upon receipt of such an application, in the proper form and at the
appropriate time, the Town Clerk shall search for the record requested.
(1)
If the Town Clerk determines that the record requested is not in
his custody, the Town Clerk shall advise the applicant, as the case
may be, that the record does not exist, that the record is in the
custody of another specified agency or that the record was in his
custody but has been lost.
(2)
If the Town Clerk determines that the record requested is in his custody, the Town Clerk shall either produce the record for inspection at his office (and if so requested and if the Town Clerk has a machine available for reproducing documents, and upon payment of the appropriate fee, shall make a copy of the record) or advise the applicant that the record is in his custody and make arrangements for inspection and/or copying at a later time or deny access to the record as provided in § 71-7 of this chapter.
C.
The Town Clerk, in his discretion, may waive compliance with any
formality prescribed by this section, including the use of application
forms prescribed by the Town Clerk.[1]
[1]
Editor's Note: Original Section 3(b), which immediately
followed this section and dealt with access to payroll records by
the news media, was repealed 9-7-1989 by L.L. No. 1-1989.
[Amended 9-7-1989 by L.L. No. 1-1989]
On behalf of the Town, the Town Clerk shall maintain and make
available for inspection and copying at his office a current list,
reasonably detailed by subject matter, of the types of records produced
or kept on file in the Town. Such list shall be in conformity with
such regulations as may be promulgated by the Committee on Public
Access to Records. Any person desiring a copy of such list may request
a copy thereof personally or by mail and one shall be supplied to
him.
A.
The fee for photocopies of records shall be as specified by the Town
Board by separate resolution. The fees for other types of copies or
transcripts and for certifications shall be such reasonable amounts
as the Town Clerk shall establish.[1] Notwithstanding the above, the Town Clerk may, in his/her
discretion, waive all or any portion of the fees authorized by this
section for any record or class of records.
[Amended 3-4-2004 by L.L. No. 2-2004]
[1]
Editor's Note: The current fee schedule is on file in
the Town Clerk's office.
B.
In the event that the Town does not have a machine available for
reproducing records, then the Town Clerk shall permit the applicant
to make copies at the Clerk's office with a machine supplied
by the applicant, provided that the Clerk is satisfied that no damage
to the record will occur.
[Amended 9-7-1989 by L.L. No. 1-1989]
In accordance with the provisions of the Freedom of Information
Law[1] and in conformity with such guidelines as may be promulgated by the Committee on Public Access to Records regarding the prevention of unwarranted invasions of personal privacy, the Town Clerk may delete from any record identifying details, the disclosure of which would result in an unwarranted invasion of personal privacy, prior to making such record available for inspection and/or copying. In the event that one or more deletions are so made from any document, the Town Clerk shall provide written notice of that fact to the person given access to the record. If the record is such that the personal matters cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the Town Clerk shall deny access to such record as provided in § 71-7 of this chapter.
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
[Amended 9-7-1989 by L.L. No. 1-1989]
If the Town Clerk determines that an application to inspect
and/or copy records pertains to information required to be disclosed
under the Freedom of Information Law[1] and not exempt from disclosure as an unwarranted invasion of personal privacy or otherwise, he shall grant the application. If the Town Clerk determines that an application to inspect and/or copy records pertains to other information not exempt from disclosure as an unwarranted invasion of personal privacy or otherwise, he shall grant the application unless he determines that to do so would adversely affect the public interest. If the Town Clerk determines that an application to inspect and/or copy records pertains to information specifically exempted from disclosure by the Freedom of Information Law or under § 71-6 of this chapter pursuant to such law, he shall deny such application. In denying any application to inspect and/or copy records, the Town Clerk shall indicate his reason for such denial and shall advise the applicant of his right to appeal such denial to the Public Information Review Board of the Town.
[1]
Editor's Note: See Art. 6 of the Public Officers Law.
[Amended 9-7-1989 by L.L. No. 1-1989]
Any person whose application to inspect and/or copy records has been denied pursuant to § 71-7 of this chapter may appeal such denial to the Public Information Review Board of the Town. Such appeal must be in writing and must set forth the name and address of the applicant, the specific record(s) requested, the date of the denial and the reasons given for such denial, and be submitted to the Town Supervisor within 30 days of the denial. The Public Information Review Board of the Town shall, upon receipt of a written appeal, immediately review the matter and affirm, modify or reverse the denial. If the Public Information Review Board of the Town affirms or modifies the denial, it shall, within 10 days of receipt of the appeal, communicate its reasons for such affirmation or modification to the person making the appeal and inform such person of his right to appeal such affirmation or modification under Article 78 of the Civil Practice Law and Rules.
