Town of Beekman, NY Chapter 117 Records, Public Access to

[HISTORY: Adopted by the Town Board of the Town of Beekman 12-3-1974. Amendments noted where applicable.]

GENERAL REFERENCES

Publication of ordinances — See Ch. 29.

§ 117-1 Designation of records access officer.

[Amended 7-10-1990 by L.L. No. 5-1990]

The Town Board is responsible for ensuring compliance with the regulations herein and designates the following person as records access officer: Town Clerk, Beekman Town Hall, Main Street, Poughquag, New York 12570.

§ 117-2 Availability of records.

A. Time of inspection.

(1) Such records in custody of the Town Clerk shall be made available for public inspection on regular business days between the hours of 9:00 a.m. and 4:00 p.m., if readily available.

[Amended 7-10-1990 by L.L. No. 5-1990]

(2) Such records in the custody of other Town officers or employees shall be made available for public inspection at times when that official or employee has established or posted office hours, if readily available.

B. If the records are not readily available or if the officer or employee does not hold regular office hours, then a written request specifically describing records to which access is desired shall be filed with the Town officer or employee charged with the custody and keeping thereof, who shall produce the same within a reasonable period of time, not to exceed five days from such request.

[Amended 7-10-1990 by L.L. No. 5-1990]

C. Such written request shall be on the form prescribed by the State Comptroller. If the Town officer or employee charged with the custody and keeping of the record elects to refuse access, he shall submit to the requestor a written statement of his reason therefor within 48 hours of such request.

§ 117-3 Fees; availability of copying machine.

A. Copies. The Town officer or employee charged with the custody and keeping of the record shall, upon request, make a copy or copies, if a copying machine is available, of any record subject to such inspection upon payment of a fee of $0.25 per page.

(1) If a copy or copies are desired thereof by the requestor, the Town officer or employee charged with the custody and keeping of the record shall make the same, if a copying machine is available, and mail or deliver the same to the requestor within five days, depending on the volume and number of copies requested.

[Amended 7-10-1990 by L.L. No. 5-1990]

(2) If a copying machine is not available at the location where the records are kept, then the record will be made available for the requestor to read and/or manually copy and/or make notes from the record.

B. Certification. Any Town officer or employee charged with the custody and keeping of any such record shall, upon request, certify a copy of a document or record prepared pursuant to the provisions of the preceding subsection upon payment of a fee of $0.25.

§ 117-4 Prevention of privacy invasion.

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, an agency or municipality may delete identifying details when it makes records available. An unwarranted invasion of personal privacy includes but shall not be limited to:

A. The 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. The disclosure of employment, medical or credit histories or personal references of applicants for employment, except such records may be disclosed when the applicant has provided a written release permitting such disclosure.

C. The 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. The 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.

§ 117-5 Department lists of records.

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.

§ 117-6 Voting records.

In addition to such requirements as may be imposed by this chapter or by Chapter 578 of the Laws of 1974,[1] 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.

[1] Editor's Note: See the Freedom of Information Law (Article 6 of the Public Officers Law).