[Adopted 11-4-1974]
As used in this article, the terms hereinafter set forth shall be interpreted
in accordance with the following definitions:
Municipal agencies.
The Town Clerk and his or her authorized representatives.[1]
Such records shall be made available for inspection at the office of
the Town officer or employee charged with the custody and keeping thereof.
[Amended 9-13-1995 by L.L. No. 3-1995]
Such records shall be made available for public inspection on regular
business days during regular business hours, if readily available. If not
readily available, a written request specifically describing records to which
access is desired shall be filed with the Records Access Officer, who shall
produce the same within five business days of the receipt of a written request
for a record reasonably described, shall make such record available to the
person requesting it, deny such request in writing or furnish a written acknowledgment
of the receipt of such request and a statement of the approximate date when
such request will be granted or denied. Such written request shall be on the
form prescribed by the State Comptroller. If the Records Access Officer elects
to refuse access, he or she shall submit to the requestor a written statement
of his or her reason therefor within 48 hours of such request.
A.
Copies.
(1)
The Records Access Officer charged with the custody and
keeping of the record shall, upon request, make a copy or copies of any record
subject to such inspection upon payment of a fee as set by the Town Board
from time to time.[2]
(2)
If a copy or copies are desired thereof by the requestor,
the Records Access Officer shall make the same and mail or deliver the same
to the requestor within one week, depending on the volume and number of copies
requested.
[1]
Editor's Note: A list of current fees is on file in the Town Clerk's
office.
[Amended 9-13-1995 by L.L. No. 3-1995]
To prevent an unwarranted invasion of personal privacy, the Committee
on Open Government may promulgate guidelines for the deletion of identifying
details for specified records which are to be made available. In the absence
of such guidelines, the Town of Concord may delete identifying details when
it makes records available. An unwarranted invasion of personal privacy includes,
but shall not be limited to:
A.
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.
Disclosure of employment, medical or credit histories
or personal references of applicants for employment, except that such records
may be disclosed when the applicant has provided a written release permitting
such disclosure.
C.
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.
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.
Each department shall maintain and make available for public inspection
and copying, in conformity with such regulations as may be issued by the Town
Board, 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 article. 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 article.
In addition to such requirements as may be imposed by this resolution
or by Chapter 578 of the Laws of 1974,[1] each board and commission of the Town shall maintain and make
available for public inspection a record of the final votes of each member
in every agency proceeding in which he or she votes.
[1]
Editor's Note: See Article 6 of the Public Officers Law.
The Town Board herewith directs the Town Clerk to publicize this article
by placing in the official Town newspaper, in each of two successive weeks,
an abstract of this Freedom of Information Article as promulgated herewith.
