[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.]
[Adopted 2-13-1978 by resolution]
Public records shall be made available for inspection at the office
of the town officer or employee charged with the custody and keeping thereof.
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.
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).
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.
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.
[Adopted 1-23-1989 by resolution]
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.
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.