[HISTORY: Adopted by the Town Board of the Town of Queensbury 9-19-1974
by resolution. Amendments noted where applicable.]
[Amended 5-24-1991 by L.L. No. 6-1991]
Pursuant to the provisions of Article 6 of the Public Officers Law, the following regulations are hereby adopted establishing the rules and procedures governing the public access to records of the Town of Queensbury and its authorized agencies.
The purpose of this chapter is to set forth the methods and procedures governing the availability, location and nature of those records of the Town of Queensbury and its authorized agencies subject to the provisions of Article 6 of the Public Officers Law, known as the "Freedom of Information Law."
For the purpose of this chapter, the following terms shall have the
meanings indicated:
The Town Supervisor or his authorized representative.
An itemized record setting forth the name, business address, title
and salary of every officer and employee of the Town of Queensbury or its
authorized agencies.
Any file, memorandum, document or other writing required by law to
be made available for public inspection.
Any day except Saturday, Sunday, a public holiday or a day on which
the Town of Queensbury office building is otherwise closed for general business.
A.Â
The Town Clerk or his authorized representative is hereby
designated as the records access officer for all Town records.
B.Â
Any person wishing to inspect and/or obtain a copy of any such record, other than a payroll record, may make application to the records access officer. Such application shall be in writing on a form to be prescribed by the records access officer. Blank forms may be obtained either personally on any workday at the Town Clerk's office or by mail, addressed to such office. Completed forms may be submitted to the records access officer either personally at such office on any workday between the hours of 9:00 a.m. and 5:00 p.m. or by mail, addressed to such office or to such other office as the records access officer may specify on the application form. Upon receipt of such an application, in the proper form and at the appropriate time, the records access officer shall search for the record requested. If he determines that the record requested is not in his custody, the officer shall advise the applicant, as the case may be, that the record does not exist, that the record is in the custody of another specified agency or that the record was in his custody but has been lost. If he determines that the record requested is in his custody, he shall either produce the record for inspection at his office (and, if so requested and upon payment of the appropriate fee, shall make and certify a copy of the record); advise the applicant that the record is in his custody and make arrangements for inspection and/or copying at a later time; or deny access to the record as provided in § 130-8 below. The records access officer, in his discretion, may waive compliance with any formality prescribed by this section, including the use of application forms. The Town Clerk shall respond to a request within the time limits set forth in Article 6 of the Public Officers Law.
[Amended 5-24-1991 by L.L. No. 6-1991]
C.Â
The fiscal officer shall be the Town Supervisor or his authorized representative. Any bona fide member of the news media wishing to inspect and/or obtain a copy of such payroll record may make application to the fiscal officer, in writing, on forms prescribed by the Town Supervisor. Application to inspect and/or obtain a copy of such payroll record shall be made to the fiscal officer by the member personally on any workday during regular working hours at the office of the fiscal officer at the Town office building or at such other place as he may direct. Upon receipt of such an application, in the proper form and at the appropriate time, and upon production by such member of appropriate identification, the fiscal officer shall search for and produce for inspection the payroll record. If the member requests a copy of such payroll record, the fiscal officer shall provide him with one. The fiscal officer shall respond to any requests within the time limits set forth in Article 6 of the Public Officers Law.
[Amended 5-24-1991 by L.L. No. 6-1991]
[Amended 5-24-1991 by L.L. No. 6-1991]
On behalf of the Town of Queensbury, the records access officer shall
maintain and make available for inspection and copying at his office a current
list, reasonably detailed by subject matter, of the types of records produced,
filed or first kept on and after September 1, 1974. Such list shall be in
conformity with such regulations as may be promulgated by the Committee on
Open Government. Any person desiring a copy of such list may request a copy
thereof personally or by mail, and one shall be supplied to him.
[Amended 5-24-1991 by L.L. No. 6-1991]
The fee for photocopies of records shall be $0.25 per page not exceeding
nine inches by 15 inches in size. The fees for other types of copies or transcripts
and for certifications shall be such reasonable amounts as the Town Board
shall establish. Notwithstanding the above, the records access officer may,
in his discretion, waive all or any portion of the fees authorized by this
section for any record or class of records.
[Amended 5-24-1991 by L.L. No. 6-1991]
In accordance with the provisions of Article 6 of the Public Officers Law and in conformity with such guidelines as may be promulgated by the Committee on Open Government regarding the prevention of unwarranted invasions of personal privacy, the records access officer may delete from any record identifying details, the disclosure of which would result in an unwarranted invasion of personal privacy, prior to making such record available for inspection and/or copying. In the event that one or more deletion is so made from any document, the records access officer shall provide written notice of that fact to the person given access to the record. If the record is such that the personal matter cannot be fully deleted without substantively affecting the record or the identifying details cannot be effectively deleted, the records access officer shall deny access to such record as provided in § 130-8 of this chapter.
[Amended 5-24-1991 by L.L. No. 6-1991]
If the record access officer determines that an application to inspect and/or copy records pertains to information required to be disclosed under Article 6 of the Public Officers Law and not exempt from disclosure as an unwarranted invasion of personal privacy or otherwise, he shall grant the application. If the records access officer determines that an application to inspect and/or copy records pertains to other information not exempt from disclosure as an unwarranted invasion of personal privacy, or otherwise, he shall grant the application unless he determines that to do so would adversely affect the public interest. If the records access officer determines that an application to inspect and/or copy records pertains to information specifically exempted from disclosure by Article 6 of the Public Officers Law or under § 130-7 of this chapter pursuant to said Public Officers Law, he shall deny such application. In denying any application to inspect and/or copy records, the records access officer shall indicate his reason for such denial and shall advise the applicant of his right to appeal to the Town Board.
[Amended 5-24-1991 by L.L. No. 6-1991]
A.Â
Any person whose application to inspect and/or copy records has been denied pursuant to § 130-8 above may appeal such denial to the Town Board. Such appeal shall be in writing and must set forth the name and address of the applicant; the specific record(s) requested; the date of the denial; and the reasons given for such denial. The Town Board shall, upon receipt of a written appeal, immediately review the matter and affirm, modify or reverse the denial. If the Town Board affirms or modifies the denial, it shall after receipt of the appeal communicate its reasons for such affirmation or modification to the person making the appeal and shall inform such person of his right to appeal such affirmation or modification under Article 78 of the Civil Practice Law and Rules.
