Town of Boston, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Boston 8-6-75 by resolution. Section 87-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 87-1
Designation of records access officer. 

§ 87-2
Designation of fiscal officer. 

§ 87-3
Location for submission of requests. 

§ 87-4
Times when records available. 

§ 87-5
Request procedures. 

§ 87-6
Denial of access; appeals. 

§ 87-7
Fees. 

§ 87-8
Listing of records by subject matter. 

§ 87-9
Posting and publication. 

The records access officer shall be the Town Clerk of the Town of Boston, whose office address is 8500 Boston State Road, Boston, New York 14025.

The fiscal officer shall be the Supervisor of the Town of Boston, whose office address is 8500 Boston State Road, Boston, New York 14025.

All requests for inspection or copying of records shall be made to the Town Clerk of the Town of Boston at 8500 Boston State Road, Boston, New York. The telephone number of the Town Clerk is (716) 941-6113.

Requests to inspect or copy records may be made in person or by mail at any time during regular working hours on all regular working days as posted by the Town Clerk.

A. 

All requests to inspect or copy records shall be submitted to the records access officer in writing, on forms prescribed by the Comptroller of the State of New York, copies of which may be obtained from the Town Clerk of the Town of Boston.

B. 

Upon receipt of each request, the records access officer shall promptly assist the applicant in identifying the records sought and make a diligent search to locate the same.

C. 

Upon locating the record, the records access officer shall take one of the following actions:

(1) 

Review such records and delete any information which would constitute an unwarranted invasion of personal privacy as defined or required by Article 6 of the Public Officers Law or by the rules and regulations promulgated by the Committee on Public Access to Records created under Article 6 of the Public Officers Law, and thereafter make the record promptly available for inspection or schedule an appointment for an inspection; or

(2) 

Deny access to the record.

D. 

Upon request for copies of records, the records access officer shall:

(1) 

Make copies available upon payment of or offer to pay established fees; or

(2) 

If facilities for the reproduction of such records do not exist, permit the applicant to copy such records.

E. 

Upon request, the records access officer shall certify to the correctness of records copied.

F. 

If the record cannot be located, the records access officer shall take one of the following actions:

(1) 

Certify in writing that the Town of Boston is not the legal custodian for such records; or

(2) 

Certify in writing that the record for which the Town of Boston is the legal custodian cannot be located.

Any person denied access to any record shall have the right to appeal such denial to the Supervisor of the Town of Boston. The procedures to be followed on appeal is as follows:

A. 

The records access officer shall give the applicant written notice whenever access to a record is first denied, which shall explain to the applicant that he has the right to appeal to the Town Supervisor, identifying the Supervisor by name and business address.

B. 

Appeals shall be directed to the Town Supervisor on forms prescribed by him, copies of which shall be made available at the office of the Town Clerk.

C. 

All such appeals shall be delivered to the Town Supervisor within 30 days after the denial from which such appeal is taken. Appeals will be determined by the Town Supervisor.

D. 

If the Supervisor denies the appeal, he shall fully explain his refusal to the applicant in writing within seven business days from the time such appeal was filed and notify the applicant that such denial is subject to review in the manner provided in Article 78 of the Civil Practice Law and Rules.

[Amended 10-5-1988 by L.L. No. 3-1988; 10-4-2000 by L.L. No. 2-2000]

Fees for copies of records shall be as set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston, per photocopy not in excess of nine inches by 14 inches or the actual cost of reproducing any other record, except when a different fee is otherwise prescribed by statute. No fee shall be charged for:

A. 

Inspection of records.

B. 

Search for records.

C. 

Certification of copies.

The following is a summary list, by subject matter, of the records maintained and available for public inspection and copying.

Annual financial reports of:
Supervisor
Town Clerk
Tax Collector
Town Justices
Assessment rolls
Budget
Buildings
Communications received and filed
Equipment inventories
Finance
Highway
Insurance
Legal affairs
Licenses issued
Local laws and ordinances
Minutes of meetings and public hearings
Monthly reports of departments
Parks
Payrolls
Permits
Police blotters and booking records
Purchase and paying
Reports and determinations by boards and committees and final votes of members
Refuse
Statements of policy and employee guidelines
Tax rolls

The Town Clerk of the Town of Boston shall cause a copy of this chapter to be conspicuously posted on the signboard maintained by him as required by law for the posting of legal notices and cause a copy thereof to be published in the official paper of the Town of Boston.