[Adopted 9-3-1974]
The following rules and regulations shall apply to the public inspection and copying of such Town records as are subject to public inspection by law and shall continue in effect until altered, changed or amended or superseded by further resolution of the Town Board or by action of the Committee on Public Access to Records.
A. 
Records shall be made available for inspection at the office of the Town officer or employee charged with the custody and keeping thereof.
B. 
Such records shall be made available for public inspection on regular business days between the hours of 9:00 a.m. and 4:00 p.m.
A. 
Copies. The Town officer or employee charged with the custody and keeping of such records shall, upon request, make a copy or copies of any record subject to such inspection upon a payment of a fee or fees as set forth in Table A to Chapter 88.
[Amended 11-3-2010 by L.L. No. 9-2010]
B. 
Certification. Any officer or employee charged with the custody and keeping of any record shall, upon request, certify a copy of a document or record prepared pursuant to the provisions of the preceding subsection.
No record or document so furnished for inspection shall be removed from the office of its custodian except by lawful process.
A. 
The following persons are designated as records access officers:
(1) 
The Town fiscal officer or successor.
(2) 
The Town Clerk or successor.
(3) 
The Secretary of the Planning Board or successor.
(4) 
The Secretary of the Zoning Board of Appeals or successor.
B. 
Any applicant denied access to a record for whatever reason shall have the right to appeal to the Town Board. Such applicants shall supply to the Town Board any information deemed necessary relating to a denied request.
As required by Part 1401 of NYCRR of the State of New York, the records access officer shall:
A. 
Maintain an up-to-date subject matter list.
B. 
Assist a requester in identifying requested records, if necessary.
C. 
Upon locating the records, take one (1) of the following actions:
(1) 
Make records available for inspection; or
(2) 
Deny access to the records in whole or in part and explain, in writing, the reasons therefor.
D. 
Upon request for copies of records:
(1) 
Make the copy available upon payment or offer to pay established fee; or
(2) 
Permit the requester to copy those records.
E. 
Upon request, certify that the record is a true copy.
F. 
Upon failure to locate records, certify:
(1) 
That the officer is not the custodian; or
(2) 
That the records of which the officer is a custodian cannot be found after diligent search.
A. 
All requests shall be in writing.
B. 
The records officer shall respond to any request reasonably described in the record or records sought within five business days of receipt of the request.
C. 
Any request shall reasonably describe the record or records sought. Whenever possible, a person requesting the records should supply information regarding dates, file designations or other information that may help to describe the record sought.
D. 
If the custodian does not provide or deny access to the record sought within five business days of the receipt of request, the records access officer shall furnish a written acknowledgment of the receipt of the request and a statement of the approximate date when the request will be granted or denied. If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of request, the request may be construed as a denial of access that may be appealed.
A. 
The Town Board shall hear appeals or designate a person or body to hear appeals regarding denial of access to records under the Freedom of Information Law.[1]
[1]
Editor's Note: See Art. 6 of the Public Officers Law, § 84 et seq.
B. 
Denial of access shall be in writing, stating the reason therefore, advising the person denied access of his or her right to appeal to the person or body established to hear appeals and that person or body shall be identified by name, title, business address and business telephone number.
C. 
The Town Board shall transmit to the Committee on Open Government copies of all appeals upon receipt of an appeal to the Committee's office at 162 Washington Avenue, Albany, New York 12231.
[Amended 5-1-1995 by L.L. No. 2-1995]
D. 
Upon a determination of an appeal, a copy of such shall be forwarded to the appellant and to the Committee on Public Access to Record, in writing, within seven business days of the receipt of the appeal.
E. 
A final denial of access to a requested record is subject to court review pursuant to Article 78 of the Civil Practice Law and Rules.
A. 
Each agency shall maintain a reasonably detailed current list by subject matter of all records in its possession, whether or not records are available pursuant to Subdivision 2 of § 87 of the Public Officers Law.
B. 
The subject matter list shall be sufficiently detailed to permit identification of the category of the record sought.
C. 
The subject matter list shall be updated not less than twice per year. The most recent update shall appear on the first page of the subject matter list.
The Town Board shall publicize by posting in a conspicuous location and/or by publication in a local newspaper of general circulation:
A. 
The location where records shall be made available for inspection and copying.
B. 
The name, title, business address and business telephone number of designated records access officers.
C. 
The right to appeal by any person denied access to a record and the name and business address of the person or body to whom an appeal is to be directed.