[HISTORY: Adopted by the Town Board of the Town of Clifton Park 3-3-1975. Amendments noted where applicable.]
The people's right to know the process of government decision-making 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.
This chapter provides 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 and those which were furnished to the public prior to its enactment.
Any conflicts among laws governing public access to records shall be construed in favor of the widest possible availability of public records.
The Town Clerk is responsible for ensuring compliance with the regulations herein. The records access officer shall coordinate the response to public requests for access to records. However, the public shall not be denied access to records through officials who have in the past been authorized to make records or information available.
The records access officer is responsible for assuring that personnel:
Maintain an up-to-date subject matter list.
Assist the requester in identifying requested records, if necessary.
Upon request for copies of records, make a copy available upon payment or offer to pay established fees, if any, or permit the requester to copy those records.
Upon request, certify that a transcript is a true copy of records copied.
Upon failure to locate records, certify that the Town Clerk is not the legal custodian for such records or the records of which the Town Clerk is a legal custodian cannot be found.
The Town Supervisor, Vischers Ferry Road, Elnora, New York, is designated fiscal officer. He is the person charged with certifying the payroll. He shall respond to requests for an itemized record setting forth the name, address, title and salary of every officer or employee of the town.
[Amended 9-21-1987 by L.L. No. 9-1987]
Records shall be available for public inspection and copying in the following location: Town Hall, Vischers Ferry Road, Town of Clifton Park, Saratoga County, New York.
[Amended 4-6-1998 by L.L. No. 2-1998]
Requests for public access to records shall be accepted and records shall be produced during all hours regularly open for business. These hours are 9:00 a.m. to 5:00 p.m. daily.
Where a request for records is required, such request may be oral or in writing. However, written requests shall not be required for records that have been customarily available without written request.
Time limit for response to request.
Officials shall respond promptly to a request for records. Except under extraordinary circumstances, their response shall be made no more than five working days after receipt of the request, whether the request is oral or in writing.
If for any reason more than five days is required to produce records, receipt of the request shall be acknowledged within five working days after the request is received. The acknowledgment shall include a brief explanation of the reason for delay and an estimate of the date production or denial will be forthcoming.
List of available records.
A current list, by subject matter, of all records produced, filed or first kept or promulgated after September 1, 1974, is available for public inspection and copying. The list shall be sufficiently detailed to permit the requester to identify the file category of the record sought.
The subject matter list shall be updated periodically, and the date of the most recent updating shall appear on the first page. The updating of the subject matter list shall not be less than semiannual.
So that records can be located within a reasonable period of time, a request for access to records should be sufficiently detailed to identify the records. Where possible, the requester should supply information regarding dates, titles, file designations or other information which may help identify the records.
A request for any or all records falling within a specific category shall conform to the standard that records be identifiable.
No records may be removed by the requester from the office where the record is located without the permission of the Town Clerk.
The Town Board shall designate a person or body to hear appeals for denial of access to records by resolution.
[Amended 4-6-1998 by L.L. No. 2-1998; 2-5-2018 by L.L. No. 1-2018]
Denial of access shall be in writing stating the reason therefor and advising the requester of his/her right to appeal to the individual or body established to hear appeals.
If requested records are not provided promptly as required in § 164-8B, such failure shall be deemed a denial of access.
The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of written appeal identifying:
The individual or body designated to hear appeals shall inform the requester of its decision in writing within seven business days of receipt of an appeal.
Copying and certification.
The fee for certification shall be $2.
The fee for photocopying not to exceed 8 1/2 inches by 14 inches shall be $0.25 per page.
The fee for copies of records other than photocopies which are 8 1/2 inches by 14 inches or less in size shall be the actual copying cost.
The fee for map copying of 24 inches by 36 inches is $3 and 30 inches by 42 inches is $5.
[Added 4-6-1998 by L.L. No. 2-1998]
The fee for maps generated on a color printer, up to 8 1/2 inches by 14 inches is $1.
[Added 4-6-1998 by L.L. No. 2-1998]