[HISTORY: Adopted by the Town Board of the Town of Rotterdam 3-1-1978. Amendments noted where applicable.]
Fees — See Ch. 126.
The Town Board of the Town of Rotterdam hereby adopts the following rules and regulations as the rules and regulations of the Town of Rotterdam with respect to the Freedom of Information Law, as amended by Chapter 933 of the Laws of 1977 of the State of New York, which rules and regulations have been promulgated by the Committee on Public Access to Records on January 10, 1978, pursuant to the new Freedom of Information Law [Public Officers Law, § 89, Subdivision 1(b)[iii] as follows:
The Town Board of the Town of Rotterdam hereby designates and appoints the following persons as the named officers for the respective positions herein as follows:
Fiscal officer: Comptroller.
Hearing officer: Assistant Town Attorney.
Appeals officer: Deputy Supervisor.
Editor's Note: The specific names of the designated officers shall be on file in the office of the Town Clerk.
The following records are excepted by statute:
Records which are specifically exempted from disclosure by state or federal statute.
Records which, if disclosed, would constitute an unwarranted invasion of personal privacy.
Records which, if disclosed, would impair contract awards or collective bargaining negotiations.
Records which are trade secrets or maintained for the regulations of a business which, if disclosed, would cause substantial injury to competition.
Records compiled for law enforcement purposes and which, if disclosed, would:
Interfere with law enforcement investigations or judicial proceedings;
Deprive a person of a right to fair trial;
Identify a confidential source or disclose confidential information relating to a criminal investigation; or
Reveal criminal investigative techniques or procedures (except routine techniques and procedures).
Records which, if disclosed, would endanger the life or safety of any person.
Examination questions or answers, prior to the final administration of such questions.
It will be recalled that under the present or existing law, only the following records are available:
Final opinions made in the adjudication of cases.
Statements of policy and interpretation adopted by an agency and any documents constituting statistical or factual tabulations leading to the formulation of the policy.
Minutes of meetings and public hearings.
Internal or external audits and statistical or factual tabulations.
Administrative staff manuals and instructions to staff that affect members of the public.
Police blotters and booking records.
Final determinations and dissenting opinions.
Any other records required by any other provision of law to be made available.
The following identifying details shall be deleted as unwarranted invasion of personal privacy as follows: The law states that an "unwarranted invasion of personal privacy" includes:
Disclosure of employment, medical or credit histories or personal references of applicants for employment.
Disclosure of items involving the medical or personal records of a client or patient in a medical facility.
Sale or release of lists of names and addresses, if such lists would be used for commercial or fundraising purposes.
Disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the party and such information is not relevant to the work of an agency requesting or maintaining it.
Disclosure of information of a personal nature reported in confidence to an agency and not relevant to the ordinary work of such agency.
The officers mentioned herein shall be guided in the exercise of their duties and responsibilities with respect to the Freedom of Information Law as follows:
The new law specifically exempts from its coverage the Legislature and the Judiciary, who are not covered by the old law.
The new law does require that the State Legislature make certain enumerated documents available.
A significant provision of the new law also is that it requires an agency which denies access to a particular record fully to explain, in writing, the reasons for denial. Additionally, in any judicial proceeding, the burden of proof is placed upon the agency to establish that the record sought to be obtained and denied is exempted from the statute.
The new law continues the Committee on Public Access to Records with all its functions. The Committee is empowered to promulgate guidelines concerning the deletion of identifying details for the withholding of records otherwise available in order to prevent unwarranted invasions of personal privacy. In the absence of such guidelines, any agency may delete identifying details when it makes records available.
The law specifically states that disclosure shall not be construed to constitute an unwarranted invasion of personal privacy when:
The Town Clerk of the Town of Rotterdam is hereby directed to cause the following public notice to be published in the official newspapers of the Town of Rotterdam and to post said public notice in a conspicuous location on the official bulletin board of the Town of Rotterdam as designated by statute as follows.
Editor's Note: The exact wording of said public notice is on file in the office of the Town Clerk.
[Added 3-12-1986 by L.L. No. 4-1986; amended 1-25-1989 by L.L. No. 1-1989]
Records are available at the office of the Town Clerk during regular business hours upon payment of a fee as set forth in Ch. 126, Fees.