[HISTORY: Adopted by the Town Board of the
Town of East Fishkill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-10-1975 by L.L. No. 5-1975]
A.
The people's right to know the process of government
decisionmaking and the documents and statistics leading to determinations
is basic to our society. Access to such information should not be
thwarted by shrouding it with the cloak of secrecy or confidentiality.
B.
These regulations provide information concerning the
procedures by which records may be obtained.
A.
[1]The Supervisor of the Town of East Fishkill is responsible
for ensuring compliance with the regulations herein and designates
the following persons as records access officers in their respective
areas of responsibility:
(1)
Town Clerk.
(2)
Receiver of Taxes.
(3)
Secretary to the Supervisor.
(4)
Secretary to the Highway Superintendent.
(5)
Secretary to the Planning Board.
(6)
Secretary to the Zoning Board of Appeals.
(7)
Clerk to the Justices.
(8)
Clerk to the Assessor.
(9)
Clerk to the Building and Zoning Administrator.
(10)
Clerk to the Police.
(11)
Financial Manager.
(12)
Chairman of Recreation Commission.
(13)
Chairman of Environmental Conservation Commission.
(14)
Dog Control Officer.
B.
Records access officers are responsible for ensuring
appropriate agency response to public requests for access to records.
However, the public shall not be denied access to records through
officials who have in the past been authorized to make records of
information available. Record access officers shall assure that personnel:
Records shall be available for public inspection
and copying at the Town of East Fishkill Office Building, Route 376,
Hopewell Junction, New York.
Requests for public access to records shall
be accepted and records produced during all hours regularly open for
business. These hours are 9:00 a.m. to 4:00 p.m.
A.
Where a request for records is required, such request
may be oral or in writing. However, written requests shall not be
required for records that have been customarily available without
written request.
B.
Time periods for response.
(1)
Except under extraordinary circumstances, officials
shall respond to a request for records no more than five business
days after receipt of the request, whether the request is oral or
in writing.
(2)
If, because of extraordinary circumstances, more than
five business days are required to respond to a request, receipt of
the request shall be acknowledged within five business days after
the request is received. The acknowledgment shall state the reason
for delay and estimate the date when a reply will be made.
C.
A request for access to records should be sufficiently
detailed to identify the records. Where possible, the requester should
supply information regarding dates, titles, file designations or other
information which may help identify the records. However, a request
for any or all records falling within a specific category conforms
to the standard that records be identifiable.
D.
Subject lists.
(1)
A current list, by subject matter, of all records
produced, filed or first kept or promulgated after September 1, 1974,
shall be available for public inspection and copying. The list shall
be sufficiently detailed to permit the requester to identify the file
category sought.
(2)
The subject matter list shall be updated periodically,
and the date of the most recent updating shall appear on the first
page. The updating of the subject matter list shall not be less than
semiannual.
E.
No records may be removed by the requester from the
office where the record is located without the permission of the Supervisor.
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 promptly, as required in § 40-6B of these regulations, such failure shall also be deemed a denial of access.
C.
The Town Board shall hear appeals for denial of access
to records under the Freedom of Information Law.
D.
The time for deciding an appeal by the individual
or body designated to hear appeals shall commence upon receipt of
written appeal identifying:
(1)
The date of the appeal.
(2)
The date and location of the requests for records.
(3)
The records to which the requester was denied access.
(4)
Whether the denial of access was in writing or was by failure to provide records promptly as required by § 40-6B.
(5)
The name and return address of the requester.
E.
The individual or body designated to hear appeals
shall inform the requester of its decision in writing within seven
business days of receipt of an appeal.
A notice containing the job title or name and
business address of the records access officers and fiscal officer;
the name, job title, business address and telephone number of the
appeal person or persons or 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.
[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The Records Retention and Disposition Schedule
MU-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 Records Retention and Disposition Schedule MU-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.