Chapter 9, Appearance Tickets
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1.
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Section 9-2. Authorized public servants
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B.
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The Director of Facilities Management,
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2.
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Section 9-3 Appearance Tickets
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An appearance ticket other than for a parking violation shall
be served personally, except an appearance ticket issued for the violation of Chapter 322, Zoning, or of the building or sanitation codes found in Chapter 112 or Chapter 177 may be served in any manner authorized for service under § 308 of the Civil Practice Law and Rules.
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Chapter 21, Conservation Board
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Section 21-4 Compensation; appropriation of funds
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A.
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The Chairman of the Conservation Board of the Town of Smithtown
shall receive compensation
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Chapter 30, Ethics, Code of
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1.
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30-20 Powers and duties of hearing officers
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F.
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Prepare findings of fact and recommendations.
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2.
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Appendix A is amended to:
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Deputy Town Attorney
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Director of Labor Relations
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Chapter 40, Records
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1.
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Section 40-2C is added to read as follows:
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C.
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The records access officer shall ensure that agency personnel:
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(1)
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Maintain an up-to-date subject matter list.
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(2)
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Assist persons seeking records to identify the records sought,
if necessary, and, when appropriate, indicate the manner in which
the records are filed, retrieved or generated to assist persons in
reasonably describing records.
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(3)
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Contact persons seeking records when a request is voluminous
or when locating the records involves substantial effort, so that
personnel may ascertain the nature of records of primary interest
and attempt to reasonably reduce the volume of records requested.
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(4)
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Upon locating the records, take one of the following actions:
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(a)
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Make records available for inspection; or
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(b)
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Deny access to the records in whole or in part and explain in
writing the reasons therefor.
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(5)
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Upon request for copies of records:
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(a)
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Make a copy available upon payment or offer to pay established fees, if any, in accordance with § 40-6; or
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(b)
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Permit the requester to copy those records.
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(6)
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Upon request, certify that a record is a true copy; and
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(7)
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Upon failure to locate records, certify that;
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(a)
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The Town is not the custodian for such records; or
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(b)
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The records of which the Town is a custodian cannot be found
after diligent search.
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§ 40-5. Requests for public access to records.
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A.
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A written request may be required, but oral requests
may be accepted when records are readily available.
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B.
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If records are maintained on the internet, the requester
shall be informed that the records are accessible via the internet
and in printed form either on paper or other information storage medium.
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C.
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A response shall be given within five business days
of receipt of a request by:
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(1)
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Informing the person requesting records that the
request or portion of the request does not reasonably describe the
records sought, including direction, to the extent possible, that
would enable that person to request records reasonably described:
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(2)
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Granting or denying access to records in whole or
in part;
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(3)
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Acknowledging the receipt of a request in writing,
including an approximate date when the request will be granted or
denied in whole or in part, which shall be reasonable under the circumstances
of the request and shall not be more than 20 business days after the
date of the acknowledgment, or if it is known that circumstances prevent
disclosure within 20 business days from the date of such acknowledgment,
providing a statement in writing indicating the reason for inability
to grant the request within that time and a date certain, within a
reasonable period under the circumstances of the request, when the
request will be granted in whole or in part; or
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(4)
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If the receipt of request was acknowledged in writing
and included an approximate date when the request would be granted
in whole or in part within 20 business days of such acknowledgment,
but circumstances prevent disclosure within that time, providing a
statement in writing within 20 business days of such acknowledgment
specifying the reason for the inability to do so and a date certain,
within a reasonable period under the circumstances of the request,
when the request will be granted in whole or in part.
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D.
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In determining a reasonable time for granting or
denying a request under the circumstances of a request, personnel
shall consider the volume of a request, the ease or difficulty in
locating, retrieving or generating records, the complexity of the
request, the need to review records to determine the extent to which
they must be disclosed, the number of requests received by the agency,
and similar factors that bear on the ability to grant access to records
promptly and within a reasonable time.
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E.
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A failure to comply with the time limitations described
herein shall constitute a denial of a request that may be appealed.
Such failure shall include situations in which an officer or employee:
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(1)
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Fails to grant access to the records sought, deny
access in writing or acknowledge the receipt of a request within five
business days of the receipt of a request;
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(2)
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Acknowledges the receipt of a request within five
business days but fails to furnish an approximate date when the request
will be granted or denied in whole or in part;
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(3)
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Furnishes an acknowledgment of the receipt of a request
within five business days with an approximate date for granting or
denying access in whole or in part that is unreasonable under the
circumstances of the request;
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(4)
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Fails to respond to a request within a reasonable
time after the approximate date given or within 20 business days after
the date of the acknowledgment of the receipt of a request;
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(5)
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Determines to grant a request in whole or in part
within 20 business days of the acknowledgment of the receipt of a
request, but fails to do so, unless the agency provides the reason
for its inability to do so in writing and a date certain within which
the request will be granted in whole or in part;
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(6)
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Does not grant a request in whole or in part within
20 business days of the acknowledgment of the receipt of a request
and fails to provide the reason in writing explaining the inability
to do so and a date certain by which the request will be granted in
whole or in part; or
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(7)
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Responds to a request, stating that more than 20
business days are needed to grant or deny the request in whole or
in part and provides a date certain within which that will be accomplished,
but such date is unreasonable under the circumstances of the request.
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3.
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Section 40-6 is amended to read as follows:
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§ 40-6. Fees.
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A.
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There shall be no fee charged for:
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(1)
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Inspection of records;
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(2)
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Search for records; or
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(3)
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Any certification pursuant to this article.
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B.
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Copies may be provided without charging a fee.
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C.
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Fees for copies may be charged, provided that:
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(1)
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The fee for copying records shall not exceed $0.25
per page for photocopies not exceeding nine inches by 14 inches;
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(2)
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The fee for photocopies of records in excess of nine
inches by 14 inches shall not exceed the actual cost of reproduction;
or
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(3)
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An agency has the authority to redact portions of
a paper record and does so prior to disclosure of the record by making
a photocopy from which the proper redactions are made.
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D.
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The fee the Town charges for a copy of any other
record is based on the actual cost of reproduction and may include
only the following:
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(1)
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An amount equal to the hourly salary attributed to
the lowest paid employee who has the necessary skill required to prepare
a copy of the requested record, but only when more than two hours
of the employee's time is necessary to do so; and
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(2)
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The actual cost of the storage devices or media provided
to the person making the request in complying with such request; or
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(3)
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The actual cost to the Town of engaging an outside
professional service to prepare a copy of a record, but only when
the Town's information technology equipment is inadequate to
prepare a copy, and if such service is used to prepare the copy.
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E.
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When the Town has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from nonelectronic records, the Town shall retrieve or extract such record or data electronically. In such case, the Town may charge a fee in accordance with Subsection D(1) and (2) above.
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F.
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The Town shall inform a person requesting a record
of the estimated cost of preparing a copy of the record if more than
two hours of a Town employee's time is needed, or if it is necessary
to retain an outside professional service to prepare a copy of the
record.
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G.
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The Town may require that the fee for copying or
reproducing a record be paid in advance of the preparation of such
copy.
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H.
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The Town may waive a fee in whole or in part when
making copies of records available.
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4.
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Section 40-8 is amended to read as follows:
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§ 40-8. Denial of access to records;
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A.
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Denial of access to records shall be in writing,
stating the reason therefor and advising the requester of the right
to appeal to the individual or body established to determine appeals,
which shall be identified by name, title, business address and business
phone number.
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B.
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If requested records are not provided promptly, as required in § 40-5 of this article, such failure shall also be deemed a denial of access.
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C.
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The Town Board shall determine appeals regarding
denial of access to records under the Freedom of Information Law.
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D.
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Any person denied access to records may appeal within
30 days of a denial.
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E.
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The time for deciding an appeal by the Town Board
shall commence upon receipt of a written appeal identifying:
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(1)
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The date and location of requests for records;
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(2)
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A description, to the extent possible, of the records
that were denied; and
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(3)
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The name and return address of the person denied
access.
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F.
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A failure to determine an appeal within 10 business
days of its receipt by granting access to the records sought or fully
explaining the reasons for further denial in writing shall constitute
a denial of the appeal.
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G.
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The Town Board shall transmit to the Committee on
Open Government copies of all appeals upon receipt of appeals. Such
copies shall be addressed to:
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Committee on Open Government
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Department of State
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One Commerce Plaza
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99 Washington Avenue, Suite 650
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Albany, NY 12231
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H.
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The Town Board shall inform the appellant and the Committee on Open Government of its determination in writing within 10 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 Subsection F of this section.
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5.
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Section 40-10, Definitions, is amended as follows:
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RECORDS DISPOSITION
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B.
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The transfer of records from one
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6.
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Section 40-12, Powers and duties, is amended as follows:
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D.
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Operate a records
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§ 53-3. Conditions for defense
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A.
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Delivery to the Town Attorney (or, if none, to the Town Supervisor)
of the foriginal or a copy of any summons, complaint, process, notice,
demand or pleading within
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