Town of DeWitt, NY Chapter 146 Records, Public

[HISTORY: Adopted by the Town Board of the Town of DeWitt: Art. I, 2-13-1978 by resolution; Art. II, 1-23-1989 by resolution. Section 146-4B added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

Article I Access to Public Records

[Adopted 2-13-1978 by resolution]

§ 146-1 Place of inspection.

Public records shall be made available for inspection at the office of the town officer or employee charged with the custody and keeping thereof.

§ 146-2 Times for inspection; refusal of access.

A. Such records shall be made available for public inspection on regular business days between the hours of 10:00 a.m. and 12:00 noon and 2:00 p.m. and 4:00 p.m., if readily available. If not readily available, 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 forty-eight (48) hours of such request. Such written request shall be on the form prescribed by the State Comptroller.

B. 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 forty-eight (48) hours of such request.

§ 146-3 Fees.

A. Copies. The town officer or employee charged with the custody and keeping of the records shall, upon request, make a copy or copies of any record subject to such inspection upon payment of a fee of twenty-five cents ($0.25) per page not in excess of eight and one-half by fourteen (8 1/2 x 14) inches or the actual cost of reproduction. 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 and mail or deliver the same to the requestor within one (1) week, depending on the volume and number of copies requested.

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 twenty-five cents ($0.25).

§ 146-4 Denial of access.

A. Each officer or employee shall, in accordance with these rules, make available for public inspection and copying all records, except that such agency may deny access to records or portions thereof that:

(1) Are specifically exempted from disclosure by state or federal statute.

(2) If disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of Subdivision 2 of § 89 of Article 6 of the Public Officers Law.

(3) If disclosed, would impair present or imminent contract awards or collective bargaining negotiations.

(4) Are trade secrets or are maintained for the regulation of commercial enterprise and which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.

(5) Are compiled for law enforcement purposes and which, if disclosed, would:

(a) Interfere with law enforcement investigations or judicial proceedings.

(b) Deprive a person of a right to a fair trial or impartial adjudication.

(c) Identify a confidential source or disclose confidential information relating to a criminal investigation.

(d) Reveal criminal investigative techniques or procedures, except routine techniques and procedures.

(6) If disclosed, would endanger the life or safety of any person.

(7) Are interagency or intra-agency materials which are not:

(a) Statistical or factual tabulations or data.

(b) Instructions to staff that affect the public.

(c) Final agency policy or determinations.

(8) Are examination questions or answers which are requested prior to the final administration of such questions.

B. In the event of the denial of access to records, any person so denied may appeal such denial to the Town Board of the Town of DeWitt.[1]

[1] Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 146-5 Maintenance of certain information required.

Each agency shall maintain:

A. A record of the final vote of each member in every agency proceeding in which the member votes.

B. A record setting forth the name, public office address, title and salary of every officer or employee of the agency.

C. A reasonably detailed current list, by subject matter, of all records in the possession of the agency, whether or not available under this Article.

Article II Disposition of Records

[Adopted 1-23-1989 by resolution]

§ 146-6 Adoption of Schedule.

Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein.

§ 146-7 Disposal of records.

A. Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein.

B. Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established time periods.