[HISTORY: Adopted by the Town Board of the Town of Shelter Island 10-23-2020 by L.L. No. 10-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 100, Records, Public Access to, adopted 9-27-1974 by resolution and amended 7-25-1975.
The Freedom of Information Law (Article 6, §§ 84 through 90 of the Public Officers Law) requires that the Town of Shelter Island publish rules making available for public inspection and copying specified records, and the Town Board of the Town of Shelter Island elects to establish uniform rules for the rules and regulations pertaining to public access of the records of all the agencies of the Town.
These regulations are intended to be coextensive with the New York Freedom of Information Law and to provide information concerning the procedures by which records may be obtained. Personnel shall furnish to the public the information and records required by the Freedom of Information Law, as well as records otherwise available by law.
The Town Board shall, by resolution, create a policy setting forth the specific rules, regulations and fees consistent with the New York State Freedom of Information Law applicable to the execution of this chapter.
Requests for public access to records shall be accepted and records produced during all hours that the designated records officer is regularly open for business.
[Amended 4-8-2022 by L.L. No. 2-2022]
Records shall be available for public inspection and copying at the office of the Town Clerk (for Town records except police records), at the Shelter Island Police Department (for police records) and at the Building Department (for Building Department records).
[Amended 4-8-2022 by L.L. No. 2-2022]
The Town Clerk is designated records access officer for all Town records except for police and Building Department records. The Chief of Police is designated as records access officer for police records. The Chief Building Inspector, or designee, is the records access officer for Building Department records. They shall:
A. 
Assist the applicant in identifying the record he is seeking.
B. 
Search for the identifiable record.
C. 
Upon locating the record, take one of the following actions:
(1) 
Review such records and delete any information which would constitute an unwarranted invasion of personal privacy, and thereafter make the record promptly available for inspection or schedule an appointment for inspection; or
(2) 
Deny access to the record.
D. 
Upon request for copies of records:
(1) 
Make copies available upon payment or offer to pay established fees; or
(2) 
Where the agency does not have facilities for reproduction of records, permit the applicant to copy those records.
E. 
Upon request, certify to the correctness of the records copied.
F. 
If the record cannot be located, take one of the following actions:
(1) 
Certify, in writing, that the agency is not the legal custodian for such record; or
(2) 
Certify, in writing, that the record of which the agency is a legal custodian cannot be found.
The fees to be collected by the records access officer shall be set by the Town Board and shall not exceed the limits set in § 87 of Article 6 of the New York Public Officers Law.
Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the Town Supervisor, who shall be the individual authorized to determine appeals, and who shall be identified by name, title, and business address and business phone number.
If any provision of chapter or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of this chapter or the application thereof to other persons and circumstances.