[HISTORY: Adopted by the Town Board of the
Town of Newburgh: Art. I, 8-11-1975, amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. I); Art. II, 2-15-1989. Subsequent amendments noted
where applicable.]
[Adopted 8-11-1975; amended in its entirety 11-6-1995 by L.L. No.
7-1995]
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changed, amended or superseded by further resolution or enactment
of this Town Board or by action of the Committee on Open Government
established pursuant to Chapters 578, 579 and 580 of the Laws of 1974.[1]
[1]
Editor's Note: For current provisions see
L. 1977, c. 933 (the Freedom of Information Law), included as Article
6 of the Public Officers Law.
A.
The Town Board of the Town of Newburgh is responsible
for ensuring compliance with the regulations herein and shall designate
one or more persons as the records access officers of the Town of
Newburgh, who shall be responsible for ensuring appropriate agency
response to public requests for access to records. The Town Board
may additionally from time to time designate one or more persons as
assistant records access officers to assist a records access officer
in the performance of his or her duties. All records access officers
and assistant records access officers shall serve in that capacity
at the pleasure of the Town Board. The designation of a records access
officer shall not be construed to prohibit officials who have in the
past been authorized to make records or information available to the
public from continuing to do so.
[Amended 5-7-2007 by L.L. No. 2-2007]
Records shall be available for public inspection
and copying at the Town Clerk's office, 20-26 Union Avenue Extension,
Newburgh, New York.
Requests for public access to records shall
be accepted and records produced during all hours that the Town Clerk's
office is regularly open for business.
A.
A written request may be required, but oral requests
may be accepted.
B.
A response shall be given regarding any request reasonably
describing the record or records sought within five (5) business days
of receipt of the request.
C.
A request shall reasonably describe the record or
records sought. Wherever possible, a person requesting records should
supply information regarding dates, file designations or other information
that may help to describe the records sought.
D.
If the records access officer does not provide or
deny access to the records sought within five business days of receipt
of a request, he or she shall furnish a written acknowledgment of
receipt of the request and a statement of the approximate date when
the request will be granted or denied.
A.
The records access officer shall maintain a reasonably
detailed current list by subject matter of all records in his or her
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.
A.
Denial of access to records shall be in writing, stating
the reason therefor and advising the requester of the right to appeal
to the individual or body established to hear appeals.
B.
If requested records are not provided within a reasonable
time period, such failure shall also be deemed a denial of access.
C.
The Town Attorney shall hear appeals for denial of
access to records under the Freedom of Information Law. Such appeals
shall be made within 30 days of a denial.
D.
The time for deciding an appeal by the body designated
to hear appeals shall commence upon receipt of a written appeal identifying:
(1)
The date of the appeal.
(2)
The date and location of the request for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or due
to failure to provide records within a reasonable time period.
(5)
The name and return address of the requester.
E.
The body designated to hear appeals shall transmit
to the Committee on Open Government copies of all appeals upon receipt
of appeals. Such copies shall be addressed to the Committee on Open
Government, Department of State, 162 Washington Avenue, Albany, New
York 12231.
F.
The body designated shall inform the appellant and the Committee on Open Government of its determination, in writing, within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection E of this section.
A notice containing the title or name and business
address of the records access officer and appeals body and the location
where records can be seen or copied shall be posted in a conspicuous
location wherever records are kept and/or published in a local newspaper
of general circulation.
A.
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, an agency or
municipality may delete identifying details when it makes records
available.
B.
An unwarranted invasion of personal privacy includes,
but shall not be limited to:
(1)
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.
(2)
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.
(3)
Disclosure of items involving the medical or personal
records of a client or patient in a hospital or medical facility.
(4)
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.
(5)
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.
In addition to such requirements as may be imposed
by this article or by Chapter 578 of the Laws of 1974,[1] each board, commission or other group of the Town having
more than one member shall maintain and make available for public
inspection a record of the final votes of each member in every agency
proceeding in which he votes.
[1]
Editor's Note: For current provisions, see
L. 1977, c. 933 (the Freedom of Information Law), included as Article
6 of the Public Officers Law.
[Adopted 2-15-1989; amended in its entirety 12-28-2020 by L.L. No.
6-2020]
Retention and Disposition Schedule for New York
Local Government Records LGS-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.
In accordance with Article 57-A:
A.
Only those records will be disposed of that are described
in the Retention and Disposition Schedule for New York Local Government
Records LGS-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.
